Legislature(1993 - 1994)
1994-05-06 House Journal
Full Journal pdf1994-05-06 House Journal Page 4055 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday May 6, 1994 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:29 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Father, we delight in this another day to live and to enjoy serving You and others. Your word instructs to `Be anxious for nothing, but in everything by prayer and supplication, with thanksgiving make our requests known to You and Your peace which surpasses all understanding, will guard our hearts and minds through Christ Jesus.' (Philippians 4:6, 7) So we bring our anxieties to You and ask that You will supply the grace that is needed for each situation. We know that `You are able to make all grace come to us in abundance, so that we may always and under all circumstances and whatever the need have all sufficiency to abound in every good work.' (2 Corinthians 9:8) So if today we face needs that feel the size of Mt. Roberts, You have promised us a Mt. Denali of grace. We do receive that grace for today with thanksgiving and praise to You for every beautiful demonstration of Your love to us. Amen." 1 1994-05-06 House Journal Page 4056 The Pledge of Allegiance was led by Representative Navarre. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 96 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." Chapter No. 24, SLA 1994 Effective Date: August 3, 1994 HB 117 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 117 "An Act naming the Manvil H. Olson Bridge." Chapter No. 19, SLA 1994 Effective Date: August 3, 1994 HB 327 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-05-06 House Journal Page 4057 HB 327 HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." Chapter No. 25, SLA 1994 Effective Date: May 6, 1994 HB 374 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 374(FIN) "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." Chapter No. 18, SLA 1994 Effective Date: August 3, 1994 HB 504 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." Chapter No. 22, SLA 1994 Effective Date: August 3, 1994 SB 225 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-05-06 House Journal Page 4058 SB 225 CS FOR SENATE BILL NO. 225(HES) "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date." Chapter No. 21, SLA 1994 Effective Date: See Chapter SB 242 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 242 am H "An Act relating to office hours of state agencies." Chapter No. 20, SLA 1994 Effective Date: August 3, 1994 SB 266 A message dated May 5, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 266(L&C) "An Act extending the termination date of the Board of Certified Direct-Entry Midwives." Chapter No. 23, SLA 1994 Effective Date: August 3, 1994 1994-05-06 House Journal Page 4059 MESSAGES FROM THE SENATE HB 78 A message dated May 5, 1994, was read stating the Senate has passed: HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." HB 78 was referred to the Chief Clerk for enrollment. HB 222 A message dated May 5, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(ct rule fld S) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement." CSHB 222(FIN) is under Unfinished Business. HB 323 A message dated May 5, 1994, was read stating the Senate has passed CSHB 323(JUD) am with the following amendment and it is transmitted for consideration: 1994-05-06 House Journal Page 4060 HB 323 SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts." CSHB 323(JUD) am is under Unfinished Business. HB 351 A message dated May 5, 1994, was read stating the Senate has passed CSHB 351(FIN) am(efd add) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date." CSHB 351(FIN) am(efd add) is under Unfinished Business. SB 366 A message dated May 5, 1994, was read stating the Senate has concurred in the House amendment to CSSB 366(FIN) am(efd fld), thus adopting: 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 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." 1994-05-06 House Journal Page 4061 SB 250 A message dated May 5, 1994, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 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) 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 4029. A message dated May 5, 1994, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 am by the Senate State Affairs Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, proposing constitutional amendments relating to the rights of victims of crimes and to criminal administration. was read the first time and referred to the Rules Committee for placement on the calendar. 1994-05-06 House Journal Page 4062 REPORTS OF STANDING COMMITTEES HB 441 The Finance Committee has considered: HOUSE BILL NO. 441 "An Act reducing certain appropriations for fiscal year 1994; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 441(FIN) "An Act making, amending, and repealing capital and operating appropriations; 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): MacLean, Larson No recommendation (7): Martin, Parnell, Grussendorf, Navarre, Brown, Therriault, Foster Amend (1): Hanley HB 441 was referred to the Rules Committee for placement on the calendar. HB 455 The Finance Committee has considered: HOUSE BILL NO. 455 "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." 1994-05-06 House Journal Page 4063 HB 455 and recommends it be replaced with: CS FOR HOUSE BILL NO. 455(FIN) (same title) The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Martin No recommendation (7): Foster, Hanley, Parnell, Grussendorf, Navarre, Brown, Therriault HB 455 was referred to the Rules Committee for placement on the calendar. SB 46 The Finance Committee has considered: CS FOR SENATE BILL NO. 46(FIN) "An Act relating to moose farming and relating to game farming." and recommends it be replaced with the following committee substitutute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN) "An Act relating to moose farming and relating to game farming; 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): MacLean, Therriault Do not pass (2): Grussendorf, Hoffman 1994-05-06 House Journal Page 4064 SB 46 No recommendation (4) Larson, Hanley, Parnell, Brown The following fiscal notes apply to HCS CSSB 46(FIN): Zero fiscal note, Dept. of Public Safety 5/6/94 Fiscal note, Dept. of Natural Resources, 4/25/94 Zero fiscal note, Dept. of Environmental Conservation, 4/25/94 Zero fiscal note, Dept. of Fish & Game, 4/25/94 CSSB 46(FIN) was referred to the Rules Committee for placement on the calendar. SB 215 The Finance Committee has considered: CS FOR SENATE BILL NO. 215(FIN) am(efd fld) "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN) (same title) 1994-05-06 House Journal Page 4065 SB 215 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Foster No recommendation (6): Hanley, Martin, Parnell, Grussendorf, Hoffman, Therriault Amend (1): Brown The following fiscal notes apply to HCS CSSB 215(FIN): Fiscal note, Dept. of Revenue, 4/27/94 Zero fiscal note, Dept. of Law, 4/27/94 Zero fiscal note, Dept. of Public Safety, 4/27/94 Zero fiscal note, Dept. of Administration, 4/27/94 Zero fiscal note, Dept. of Environmental Conservation, 4/27/94 CSSB 215(FIN) am(efd fld) was referred to the Rules Committee for placement on the calendar. SB 228 The State Affairs has considered: SENATE BILL NO. 228 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." The report was signed by Representative Vezey, Chair, with the following individual recommendations: 1994-05-06 House Journal Page 4066 SB 228 Do pass (7): Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis, Ulmer The following fiscal notes apply to SB 228: Senate zero fiscal note, Dept. of Corrections, 4/5/94 Senate zero fiscal note, Dept. of Law, 4/5/94 Senate zero fiscal note, Dept. of Public Safety, 4/5/94 Senate zero fiscal notes (2), Dept. of Administration, 4/5/94 SB 228 was referred to the Judiciary Committee. SB 370 The Finance Committee has considered: CS FOR SENATE BILL NO. 370(FIN) "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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 370(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): MacLean, Larson, Grussendorf, Brown, Foster Do not pass (1): Martin The following fiscal note applies to HCS CSSB 370(FIN): Senate fiscal note, Dept. of Revenue, 5/2/94 CSSB 370(FIN) was referred to the Rules Committee for placement on the calendar. 1994-05-06 House Journal Page 4067 SPECIAL ORDER OF BUSINESS Representative Larson moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: Honoring - The Commencement of the Lasting Joint Venture By Representative Barnes, Speaker of the House and Senator Halford, President of the Senate "Whereas, competition is beneficial, but a certain joint venture has potential for being even more productive; and, Whereas, two competing media organizations have representatives working in the Alaska State Capitol whose interests extend far beyond the confines of the building; and Whereas, Brian O'Donoghue loves Kate Ripley, a Juneau gal appreciative of sled dogs and possessing every other quality desirable in a wife--even if she does stubbornly oppose the obvious merits of relocating the state capital; Therefore Be It Resolved that the Eighteenth Alaska State Legislature assist Brian O'Donoghue in popping the Big Question: `Shall Kate marry Brian?' Members of the Eighteenth Alaska State Legislature extend their warmest best wishes to Kate and Brian and wish them a long and happy life together filled with love and laughter." There being no objection, it was so ordered. Representative Larson moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The Speaker inquired as to the response to the Big Question and Kate stated, "the answer is yes". The couple received a standing ovation. The citation was sent to enrolling. 1994-05-06 House Journal Page 4068 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Cindy Rook, Seward Chamber of Commerce, Volunteer of the Year By Representative G.Davis Honoring - Citizen Review Panels for Permanency Planning By Representative Toohey; Senator Ellis Honoring - Peck Clan, Nolan Ross, Robert Sibold, Dale Watson, Coffee Club, Clear M&R Shops, Ray & Kathryn Peters, Denise Nathan, Mildred Evans By Representative James Honoring - Harold DeArmoun, Wasilla Business Person of the Year, 1994 By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Louise Kellogg, Wasilla Citizen of the Year, 1994 By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Rick Luthi, Colony High School Principal By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Sharon McMullen, Wasilla Educator of the Year, 1994 By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - John Litton By Senator Taylor Honoring - The Frontiersman By Senator Kerttula; Representatives Carney, Larson, Menard Honoring - Arco Alaska, Inc. By Senator Kerttula Honoring - Dennis Duff Wilkins and William Drake By Senator Leman 1994-05-06 House Journal Page 4069 In Memoriam - Duncan McLeod By Representative Willis In Memoriam - Robert J. Zentmire By Senator Little CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 101 The following was read the second time: CS FOR SENATE BILL NO. 101(FIN)(title am) "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." with the: Journal Page FIN RPT HCS(FIN) 1DP 6NR 4020 -2 PREVIOUS SENATE FNS (DHSS) 4/28/94 4021 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) (same title) There being no objection, it was so ordered. 1994-05-06 House Journal Page 4070 SB 101 Amendment No. 1 was offered by Representative Brice: Page 2, lines 21 - 26: Delete all material. Insert "applications for assistance under AS47.25.455 that are submitted to the Department of Health and Social Services on or after the effective date of this Act." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Representative Brown placed a call of the House and lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 101(FIN) Second Reading Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey Absent: Therriault And so, Amendment No. 1 was not adopted. 1994-05-06 House Journal Page 4071 SB 101 Amendment No. 2 was offered by Representative Brice: Page 1, line 12: Delete "an initial" Insert "a final" Page 2, line 1: Delete "an initial" Insert "a final" Page 2, lines 2 - 3: Delete "and may not continue assistance under this section during subsequent appeals of the initial determination" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 101(FIN) Second Reading Amendment No. 2 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 2 was not adopted. 1994-05-06 House Journal Page 4072 SB 101 Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Brown: Page 1, line 14: Delete "The" Insert "Unless the department determines that the person would be subject to substantial hardship if assistance under this section is terminated, the" Page 2, line 4, after "determination": Insert ". If the department determines that the person would be subject to substantial hardship if assistance under this section is terminated, the department shall continue assistance under this section during subsequent appeals of the initial or subsequent determinations" Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Hanley objected. Representative Davies placed a call of the House and lifted the call. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 101(FIN) Second Reading Amendment No. 4 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-05-06 House Journal Page 4073 SB 101 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4 was not adopted. The Speaker stated that, without objection, the House would recess until 1:00 p.m., and so, the House recessed at 12:32 p.m. AFTER RECESS The House was called back to order at 1:46 p.m. SECOND READING OF SENATE BILLS (continued) SB 101 Amendment No. 5 was not offered. Representative Phillips moved and asked unanimous consent that HCS CSSB 101(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HCS CSSB 101(FIN) will be in third reading on the May 7, 1994, calendar. SB 256 The following was read the second time: CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date." 1994-05-06 House Journal Page 4074 SB 256 with the: Journal Page FIN RPT 5DP 5NR 4022 -PREVIOUS SENATE FISCAL NOTE (DOT) 4/27 4023 -PREVIOUS SENATE FISCAL NOTE (REV) 1/28 4023 Representative Phillips moved and asked unanimous consent that CSSB 256(TRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 256(TRA) was read the third time. The question being: "Shall CSSB 256(TRA) pass the House?" The roll was taken with the following result: CSSB 256(TRA) Third Reading Final Passage YEAS: 27 NAYS: 7 EXCUSED: 0 ABSENT: 6 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Foster, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Davies, Green, Kott, Menard, Porter, Sitton, Willis Absent: Finkelstein, Hanley, MacLean, Navarre, Nicholia, Nordlund And so, CSSB 256(TRA) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 256(TRA) was signed by the Speaker and Chief Clerk and returned to the Senate. 1994-05-06 House Journal Page 4075 SB 303 The following was read the second time: SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." with the: Journal Page STA RPT 3DP 3NR 3668 -6 PREVIOUS SENATE FISCAL NOTES (DPS, 3668 ...GOV, 3-DHSS, DCRA) 2/11/94 3668 -PREVIOUS SENATE ZERO FN (DOE) 2/11/94 3668 -PREVIOUS SENATE ZERO FN (REV) 3/2/94 3668 FIN RPT HCS(FIN) NEW TITLE 6DP 3NR 4023 TITLE CHANGE AUTHORIZED BY HCR 38 4023 -6 PREVIOUS SENATE FISCAL NOTES (DPS, 4024 ...GOV, 3-DHSS, DCRA) 2/11/94 4024 -PREVIOUS SENATE ZERO FN (REV) 3/2/94 4024 -PREVIOUS SENATE ZERO FN (DOE) 2/11/94 4024 Representative Phillips moved and asked unanimous consent that SB 303 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 303 was read the third time. The question being: "Shall SB 303 pass the House?" The roll was taken with the following result: SB 303 Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 1994-05-06 House Journal Page 4076 SB 303 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: James, Olberg, Therriault, Vezey Absent: Nordlund James changed from "Yea" to "Nay". And so, SB 303 passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Finkelstein gave notice of reconsideration of his vote on SB 303. THIRD READING OF HOUSE BILLS HB 466 The following, which was advanced to third reading from the May 5, 1994, calendar (page 4035), was read the third time: HOUSE BILL NO. 466 am "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." 1994-05-06 House Journal Page 4077 HB 466 The question being: "Shall HB 466 am pass the House?" The roll was taken with the following result: HB 466 am Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Green, Mackie, MacLean, Moses And so, HB 466 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 clause. There being no objection, it was so ordered. Representative Green gave notice of reconsideration of his vote on HB 466 am, and the reconsideration was taken up later. SECOND READING OF HOUSE RESOLUTIONS HCR 38 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 38 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 303, relating to voter eligibility, voter registration, and voter registration agencies. 1994-05-06 House Journal Page 4078 HCR 38 with the: -ZERO FN (H.RLS/ALL AGENCIES) 5/6/94 Representative Phillips moved and asked unanimous consent that HCR 38 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 - University of Alaska Anchorage Athletes By Representatives Ulmer, Brown, Davies, Finkelstein, Hoffman, Hudson, James, Kott, Mackie, Menard, Navarre, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Willis Honoring - Elizabeth Berry By Representatives Ulmer, Brice, Davies, Sitton, Brown, James, Mackie, Menard, Navarre, Toohey, Willis Honoring - Karlin Itchoak, Doyon Shareholder of the Year for Education By Representatives Davies, Nicholia, Foster, Brice, Navarre, Hoffman, James, Mackie, MacLean, Menard, Mulder, Navarre, Phillips, Sanders, Sitton, Toohey, Ulmer, Willis; Senators Zharoff, Lincoln, Adams Honoring - Chief Peter John By Representatives Nicholia, Brice, Finkelstein, Grussendorf, Hoffman, James, Mackie, MacLean, Menard, Navarre, Sitton, Toohey, Ulmer, Willis; Senator Lincoln Honoring - John Sanford By Representatives Nicholia, Finkelstein, James, Mackie, Menard, Navarre, Toohey, Ulmer, Willis; Senator Lincoln 1994-05-06 House Journal Page 4079 Honoring - Yukon-Koyukuk Academic Decathlon Team By Representatives Nicholia, Brice, Davies, Finkelstein, Hoffman, James, Kott, Mackie, MacLean, Menard, Navarre, Parnell, Phillips, Toohey, Ulmer, Willis; Senator Lincoln Honoring - Lower Kuskokwim School District Native Olympians By Representatives Hoffman, Foster, Ulmer, Finkelstein, James, Kott, Mackie, MacLean, Menard, Navarre, Parnell, Sanders, Toohey, Willis; Senators Adams, Lincoln, Jacko Honoring - Althea George, Student of the Year, Alaska Native Youth Leadership Conference By Representatives Hoffman, Ulmer, Brice, Davies, Grussendorf, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Parnell, Phillips, Sitton, Toohey, Willis; Senators Adams, Lincoln, Jacko Honoring - Silver Bay Logging Company By Senator Leman; Representatives Mackie, Foster, James, Kott, Mackie, Menard, Parnell, Phillips, Toohey, Willis Honoring - Mike Pollen, Water Environment Federation President-Elect By Senator Leman; Representatives Grussendorf, James, Kott, Mackie, MacLean, Menard, Nordlund, Toohey, Ulmer, Willis Honoring - Thomas S. "Bubba" Biss, Eight Gold Stars Award By Senators Kelly, Adams; Representatives Hoffman, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Toohey, Ulmer, Willis Honoring - Dr. John Libby and Phyliss Libby, R.N. By Senator Jacko; Representatives Foster, James, Mackie, MacLean, Menard, Toohey, Ulmer Honoring - Resa Jerrel By Senator Kelly; Representatives Hudson, James, Kott, Mackie, Menard, Mulder, Navarre, Nordlund, Parnell, Phillips, Porter, Sitton, Ulmer, Vezey Honoring - National Correctional Officers' Week, May 1 - 7, 1994 By Senators Little, Salo; Representatives Navarre, Brice, G.Davis, Hoffman, Hudson, James, Kott, Mackie, Mulder, Menard, MacLean, Phillips, Porter, Sitton, Toohey, Ulmer, Willis 1994-05-06 House Journal Page 4080 Honoring - Roger Huntington By Senator Lincoln; Representatives Nicholia, Bunde, Hoffman, Hudson, James, Mackie, MacLean, Menard, Navarre, Phillips, Toohey, Ulmer, Vezey, Willis In Memoriam - Louis Frederick Paul By Representatives Mackie, MacLean, Williams, James, Mackie, Menard, Navarre, Toohey, Willis; Senators Adams, Taylor In Memoriam - Elaine Johnson By Representatives Nicholia, Hoffman, James, Mackie, MacLean, Menard, Toohey, Willis; Senator Lincoln In Memoriam - Raymond Hall By Representatives Nicholia, Hoffman, James, Mackie, Menard, Toohey, Willis; Senator Lincoln In Memoriam - Darrel LeRoy Sonnenberg By Representatives Nicholia, Hoffman, James, Mackie, MacLean, Menard, Toohey, Willis; Senator Lincoln UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Phillips - from 4:00 p.m., May 7 to 12:00 midnight, May 8, 1994. There being no objection, it was so ordered. 1994-05-06 House Journal Page 4081 HB 222 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4059) on the following at this time: CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure." and SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(ct rule fld S) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 222(FIN), thus adopting SCS CSHB 222(FIN) am S(ct rule fld S), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 222(FIN)?" The roll was taken with the following result: SCS CSHB 222(FIN) am S(ct rule fld S) Concur YEAS: 3 NAYS: 32 EXCUSED: 0 ABSENT: 5 1994-05-06 House Journal Page 4082 HB 222 Yeas: Kott, Mackie, Parnell Nays: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Absent: B.Davis, Finkelstein, Nordlund, Therriault, Vezey And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 222(FIN) am S(ct rule fld S). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative James, Chair Representative Porter Representative Brown RECONSIDERATION SB 330 Representative Vezey moved and asked unanimous consent that the reconsideration of the following be held until May 7, 1994: CS FOR SENATE BILL NO. 330(RLS) "An Act relating to water quality enhancement, water supply, wastewater, and solid waste grants; the Alaska clean water fund; the establishment of the Alaska clean water account, the Alaska drinking water fund, and the Alaska drinking water account; and providing for an effective date." There being no objection, it was so ordered. 1994-05-06 House Journal Page 4083 HB 466 Representative Therriault moved and asked unanimous consent that the reconsideration of HB 466 am be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE BILL NO. 466 am "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 2building"; relating to the Alaska debt retirement fund; and providing for an effective date." The question to be reconsidered: "Shall HB 466 am pass the House?" The roll was taken with the following result: HB 466 am--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 2 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, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: MacLean, Moses And so, HB 466 am passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 1994-05-06 House Journal Page 4084 HB 466 HB 466 am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 190 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: CS FOR SENATE BILL NO. 190(FIN) am "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date." CSSB 190(FIN) am is in the State Affairs Committee. SB 228 The Speaker waived the Judiciary Committee referral at the request of Representative Porter, Chair and the Finance Committee referral at the request of Representative Larson, Co-chair, on the following: SENATE BILL NO. 228 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." SB 228 was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. HCR 11 Representative Nordlund added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 11 Designating the month of March as "Women's History Month." 1994-05-06 House Journal Page 4085 HCR 12 Representative Nordlund added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the use of natural gas as a motor vehicle fuel in Alaska. HCR 14 Representative Nordlund added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 14 Creating the Commission for Long-Range Financial Planning. HJR 13 Representative Nordlund added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 13 Supporting line item veto power for the President of the United States. HJR 46 Representative Nordlund added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 46 Proposing an amendment to the Constitution of the State of Alaska relating to open meetings of legislative bodies. HB 19 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 19 "An Act relating to election campaigns, regulation of lobbying, conflicts of interest, and the Alaska Public Offices Commission; and providing for an effective date." 1994-05-06 House Journal Page 4086 HB 159 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 159 "An Act prohibiting the possession of child pornography." HB 193 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 193 "An Act establishing the Alaska Health Care Authority; relating to the delivery, quality, access, and financing of health care; requiring the establishment of health care expenditure limits; relating to approval of disability insurance rates; relating to the issuance of certificates of need; relating to health insurance for small employers; and providing for an effective date." HB 299 Representative Nordlund 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." HB 319 Representative Nordlund added his name as cosponsor to: CS FOR HOUSE BILL NO. 319(FIN) "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date." 1994-05-06 House Journal Page 4087 HB 330 Representative Nordlund added his name as cosponsor to: CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." HB 344 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 344 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." HB 399 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 399 "An Act amending schedule IIA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" HB 407 Representative Nordlund added his name as cosponsor to: SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." HB 420 Representative Nordlund added his name as cosponsor to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am) "An Act relating to limited liability companies; and providing for an effective date." 1994-05-06 House Journal Page 4088 HB 460 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 460 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." HB 479 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 479 "An Act relating to enterprise zones." HB 498 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 498 "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." SB 70 Representative Nordlund added his name as cross-sponsor to: CS FOR SENATE BILL NO. 70(L&C) "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." SB 221 Representative Nordlund added his name as cross-sponsor to: SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." 1994-05-06 House Journal Page 4089 SB 228 Representative Nordlund added his name as cross-sponsor to: SENATE BILL NO. 228 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." SB 321 Reconsideration of the following was not taken up on this legislative day. CS FOR SENATE BILL NO. 321(FIN) "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program." SB 332 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 332(JUD) "An Act relating to the possession of 25 or more marijuana plants." ENGROSSMENT HB 466 HB 466 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-05-06 House Journal Page 4090 SB 312 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the school term, school construction grants and to interscholastic school activities; relating to a pilot project for state aid for special education; and providing for an effective date." ENROLLMENT HJR 50 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 3:15 p.m., May 6, 1994: CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. HB 3 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 3:15 p.m., May 6, 1994: SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date." HB 28 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 3:15 p.m., May 6, 1994: 1994-05-06 House Journal Page 4091 HB 28 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." HB 333 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 3:15 p.m., May 6, 1994: CS FOR HOUSE BILL NO. 333(RES) "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date." HB 365 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 3:15 p.m., May 6, 1994: HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." HB 373 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 3:15 p.m., May 6, 1994: 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." 1994-05-06 House Journal Page 4092 HB 450 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 3:15 p.m., May 6, 1994: HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 5:00 p.m., 5/6 Finance Committee Capitol 519 upon adj., 5/6 Finance Committee Capitol 124 upon adj. of Finance Subcommittee on Committee meeting, 5/6 SB 310 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 7, 1994. There being no objection, the House adjourned at 3:10 p.m. Suzi Lowell Chief Clerk