Legislature(1993 - 1994)
1994-05-07 House Journal
Full Journal pdf1994-05-07 House Journal Page 4095 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Saturday May 7, 1994 One Hundred Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 12:28 p.m. Roll call showed 34 members present. Representatives Davidson, Davies, Grussendorf, Hoffman, Mackie and Navarre were absent. The invocation was offered by the Chaplain Designee, Representative Menard. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "One of the reasons I'm not going to be running is my daughter McKenzy who sings in the Alaska Childrens Choir. They will be traveling to Denmark, Sweden and Norway and one of the songs they sing I'd like to include part of it in today's prayer: `May the road always rise up to meet you May the sun always shine upon your face May the wind be always at your back And may the rains fall softly on your fields 1 1994-05-07 House Journal Page 4096 And so my friends, may God hold and protect you in the palm of his hand until we meet again, until we meet again' And Lord, I also would ask for a special healing prayer for Linda Gjosund who works in the Majority Leader's Office and who had a heart attack and was transported to Seattle, that You touch her today Lord and that Your healing power heals her and brings her back safely to us and that she is strong and willing. And everybody said Amen. Amen." The Pledge of Allegiance was led by Representative Sitton. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 117th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 59 A message dated May 6, 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 CS FOR CS FOR HOUSE BILL NO. 59(FIN) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska." Chapter No. 26, SLA 1994 Effective Date: August 4, 1994 HB 294 A message dated May 6, 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: 1994-05-07 House Journal Page 4097 HB 294 SENATE CS FOR HOUSE BILL NO. 294(L&C) "An Act extending the termination date of the Board of Pharmacy; and providing for an effective date." Chapter No. 27, SLA 1994 Effective Date: June 30, 1994 MESSAGES FROM THE SENATE A message dated May 6, 1994, was received stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 2:00 p.m., May 9, 1994, to consider confirmation of the Governor's appointments. **The presence of Representative Davies was noted. HB 4 A message dated May 6, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." CSHB 4(JUD) was referred to the Chief Clerk for enrollment. HB 128 A message dated May 6, 1994, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." CSSSHB 128(FIN) was referred to the Chief Clerk for enrollment. 1994-05-07 House Journal Page 4098 HB 214 A message dated May 6, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 214(JUD) "An Act allowing the parent or legal guardian of a minor to disclose information about the minor to certain state officials and state employees; prohibiting further disclosure of the information to unauthorized persons; amending Alaska Child in Need of Aid Rule 22; and providing for an effective date." CSHB 214(JUD) was referred to the Chief Clerk for enrollment. HB 119 A message dated May 6, 1994, was read stating the Senate has passed CSHB 119(JUD) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." CSHB 119(JUD) am is under Unfinished Business. HB 180 A message dated May 6, 1994, was read stating the Senate has passed HB 180 am with the following amendment: SENATE CS FOR HOUSE BILL NO. 180(RLS) "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation." HB 180 am is under Unfinished Business. 1994-05-07 House Journal Page 4099 HB 222 A message dated May 7, 1994, was read stating the Senate is returning: 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." CSHB 222(FIN) is under Unfinished Business. HB 230 A message dated May 6, 1994, was read stating the Senate has passed CSHB 230(FIN) with the following amendment: "* Sec. 3. AS 16.05.530 is amended by adding a new subsection to read: (c) The amount of the license fee for a vessel owned by a nonresident is twice the fee established under (a) of this section. For the purposes of this subsection, the owner of a vessel is a nonresident if the owner is (1) a natural person who is a nonresident; (2) a partnership in which none of the partners would be eligible to pay the resident vessel license fee under this section; 1994-05-07 House Journal Page 4100 HB 230 (3) a joint venture in which none of the joint venturers would be eligible to pay the resident vessel license fee under this section; (4) a corporation, company, firm, association, organization, business trust, or society not organized under the laws of this state." And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 230(FIN) am S "An Act relating to fees for a commercial fishing vessel license." CSHB 230(FIN) is under Unfinished Business. HB 299 A message dated May 6, 1994, was read stating the Senate has passed CSHB 299(FIN) am with the following amendment: Page 1, line 8: After "cause", add "and" Page 2, line 21: After "cause", add "and" And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 299(FIN) am S "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." CSHB 299(FIN) am is under Unfinished Business. 1994-05-07 House Journal Page 4101 HB 302 A message dated May 6, 1994, was read stating the Senate has passed CSHB 302(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." CSHB 302(STA) is under Unfinished Business. HB 254 A message dated May 6, 1994, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies." and SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; 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 4027. SB 342 A message dated May 6, 1994, was read stating the Senate has concurred in the House amendment to CSSB 342(L&C), thus adopting: 1994-05-07 House Journal Page 4102 SB 342 HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) "An Act relating to risk based capital for insurers; and providing for an effective date." **The presence of Representative Mackie was noted. REPORTS OF STANDING COMMITTEES HB 364 The Finance Committee has considered: HOUSE BILL NO. 364 "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 364(FIN) "An Act relating to contributions from permanent fund dividends; 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): Foster, Brown Do not pass (1): Hanley No recommendation (5): MacLean, Larson, Parnell, Grussendorf, Therriault Amend (1): Martin The following fiscal note applies to CSHB 364(FIN): Fiscal note, Dept. of Revenue, 5/7/94 HB 364 is on today's calendar. 1994-05-07 House Journal Page 4103 HB 534 The Finance Committee has considered: HOUSE BILL NO. 534 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 534(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): MacLean, Larson No recommendation (2): Hanley, Brown Amend (2): Navarre, Parnell The following fiscal note applies to CSHB 534(FIN): Zero fiscal note, Dept. of Commerce & Economic Development, 4/8/94 HB 534 was referred to the Rules Committee for placement on the calendar. 1994-05-07 House Journal Page 4104 SB 190 The State Affairs Committee has considered: 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Kott, B.Davis, Ulmer No recommendation (3): Vezey, Sanders, G.Davis Amend (1): Olberg The State Affairs Committee recommends adoption of the Senate Finance Committee Letter of Intent (page 3463 of the Senate Journal). The following fiscal notes apply to HCS CSSB 190(STA): Zero fiscal note, House State Affairs Committee/Dept. of Revenue, 5/7/94 Senate zero fiscal note, Alaska Court System, 4/11/94 CSSB 190(FIN) am was referred to the Judiciary Committee. **The presence of Representative Navarre was noted. SB 357 The State Affairs Committee has considered: 1994-05-07 House Journal Page 4105 SB 357 CS FOR SENATE BILL NO. 357(FIN) "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 357(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, G.Davis, B.Davis, Sanders No recommendation (2): Olberg, Ulmer The following fiscal notes apply to HCS CSSB 357(STA): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/94 Senate zero fiscal note, Dept. of Administration, 4/21/94 Senate zero fiscal note, Dept. of Administration, 4/7/94 Senate zero fiscal note, Office of the Governor, 4/7/94 Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/7/94 Senate zero fiscal note, Dept. of Revenue, 4/7/94 Senate zero fiscal notes (4), Dept. of Administration, 3/14/94 Senate zero fiscal notes (2), Dept. of Education, 3/14/94 Senate zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/14/94 Senate zero fiscal notes (2), Dept. of Public Safety, 3/14/94 Senate zero fiscal note, Dept. of Natural Resources, 3/14/94 Senate zero fiscal note, Dept. of Environmental Conservation, 3/14/94 Senate zero fiscal note, Dept. of Military & Veterans' Affairs, 3/14/94 CSSB 357 was referred to the Finance Committee. 1994-05-07 House Journal Page 4106 REPORTS OF SPECIAL COMMITTEES SB 250 The Conference Committee considering HCS CSSB 250(FIN) and CSSB 250(FIN) am recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 250 "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." The following fiscal note applies: Senate zero fiscal note, Dept. of Administration, 1/14/94 The report was signed by Representatives Toohey, Chair, Kott and Willis and Senators Sharp, Chair, Kerttula and Leman. The report is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Luke Spruill, 1994 State 4-A Wrestling Champion By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little Honoring - Stan Steffensen, Region III Wrestling Coach of the Year By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little Honoring - David Pope, 1994 State Wrestling Champion By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little Honoring - The Pee Wee B Icehawks By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little 1994-05-07 House Journal Page 4107 Honoring - The Alaska Tourism Marketing Council and the Visitor Industry By Representative Nordlund Honoring - Anita Goldsmith, Educational Support Person of the Year By Representative Brice Honoring - Dr. Sara Peterson By Senator Little; Representative Phillips Honoring - Michio Kobayashi By Representative Toohey Honoring - Tony Deer, Seward Elk's Teen of the Year By Representative G.Davis Honoring - Denee' Marquiss, Seward Elk's Teen of the Year By Representative G.Davis In Memoriam - Francis Thistle By Representative Willis **The presence of Representatives Davidson and Hoffman was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 364 The following was read the second time: HOUSE BILL NO. 364 "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." with the: Journal Page MLV RPT 1DP 2NR 1AM 2370 -ZERO FISCAL NOTE (REV) 2/14/94 2371 FIN RPT CS 2DP 1DNP 5NR 1AM 4102 1994-05-07 House Journal Page 4108 HB 364 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 364(FIN) "An Act relating to contributions from permanent fund dividends; and providing for an effective date." There being no objection, it was so ordered. The Speaker stated that the House would stand at ease to a call of the Chair; and so, the House stood at ease at 12:46 p.m. AFTER AT EASE The House was called back to order at 2:00 p.m. ANNOUNCEMENTS State Affairs Capitol 102 upon recess, 5/7 Committee Meeting Finance Committee Capitol 519 upon recess, 5/7 Meeting (CONTINUATION) The Speaker stated that the House would recess until 4:00 p.m., and so, the House recessed at 2:01 p.m. AFTER RECESS The House was called back to order at 4:40 p.m. A second quorum indicated that 22 members were present. UNFINISHED BUSINESS HCR 32 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4017) on the following at this time: 1994-05-07 House Journal Page 4109 HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the Joint Task Force on Military Bases in Alaska. and HOUSE CONCURRENT RESOLUTION NO. 32 am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HCR 32, thus adopting HCR 32 am S, and recommended that the members vote yes. Representative Davidson placed a call of the House. The call was satisfied. The question being: "Shall the House concur in the Senate amendment to HCR 32?" The roll was taken with the following result: HCR 32 am S Concur 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, the House concurred in the Senate amendment, thus adopting HCR 32 am S. The Chief Clerk was instructed to so notify the Senate. HCR 32 am S was referred to the Chief Clerk for enrollment. 1994-05-07 House Journal Page 4110 HB 119 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4098) on the following at this time: CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 119(JUD) am, thus adopting SCS CSHB 119(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 119(JUD) am?" The roll was taken with the following result: SCS CSHB 119(FIN) Concur 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, the House concurred in the Senate amendment, thus adopting SCS CSHB 119(FIN). 1994-05-07 House Journal Page 4111 HB 119 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 119(FIN) was referred to the Chief Clerk for enrollment. HB 180 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4098) on the following at this time: HOUSE BILL NO. 180 am "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation." and SENATE CS FOR HOUSE BILL NO. 180(RLS) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 180 am, thus adopting SCS HB 180(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 180 am?" The roll was taken with the following result: SCS HB 180(RLS) Concur YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 1994-05-07 House Journal Page 4112 HB 180 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Navarre And so, the House concurred in the Senate amendment, thus adopting SCS HB 180(RLS). The Chief Clerk was instructed to so notify the Senate. SCS HB 180(RLS) was referred to the Chief Clerk for enrollment. HB 299 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4100) on the following at this time: 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." and CS FOR HOUSE BILL NO. 299(FIN) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 299(FIN) am, thus adopting CSHB 299(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 299(FIN) am?" The roll was taken with the following result: 1994-05-07 House Journal Page 4113 HB 299 CSHB 299(FIN) am S Concur 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, the House concurred in the Senate amendment, thus adopting CSHB 299(FIN) am S. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. CSHB 299(FIN) am S was referred to the Chief Clerk for enrollment. HB 222 Representative Phillips moved that the House rescind its previous action in failing to concur (page 4081) in the Senate amendment to: 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." 1994-05-07 House Journal Page 4114 HB 222 namely 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." Representative Phillips rose to a point of order stating debate was straying from the motion before the body. The Speaker stated the point was well taken. The question being "Shall the House rescind its previous action in failing to 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) Rescind previous action in failing to Concur YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis And so, the House rescinded its action. 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 yes. 1994-05-07 House Journal Page 4115 HB 222 The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Finkelstein Representative Menard Representative Mulder Representative Martin Representative Hoffman Representative James Representative Navarre Representative Carney Representative Porter Representative Ulmer Representative MacLean Representative Brown Representative Hanley Representative Foster Representative Nordlund Representative Moses Representative Davies Objection was heard and all members of the House were required to vote. Representative Bunde moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Bunde was required to vote. 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: 23 NAYS: 15 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-05-07 House Journal Page 4116 HB 222 Nays: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Absent: Davidson, Menard And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 222(FIN) am S(ct rule fld S). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 222(FIN) am S(ct rule fld S) was referred to the Chief Clerk for enrollment. SB 250 Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 4106), at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." and CS FOR SENATE BILL NO. 250(FIN) am (same title) There being no objection, it was so ordered. Representative Phillips moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SB 250. 1994-05-07 House Journal Page 4117 SB 250 The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS SB 250 Adopt Report YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, 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 Nays: Davidson, Davies And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 250 "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." Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (page 4467 of the Senate Journal). CCS SB 250 was referred to the Chief Clerk for engrossment and enrollment. 1994-05-07 House Journal Page 4118 HB 442 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4017) on the following at this time: CS FOR HOUSE BILL NO. 442(FIN) "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 442(FIN), thus adopting SCS CSHB 442(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 442(FIN)?" The roll was taken with the following result: SCS CSHB 442(FIN) am S Concur YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, 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, Williams, Willis Nays: Davidson, Davies Absent: Vezey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 442(FIN) am S. 1994-05-07 House Journal Page 4119 HB 442 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House adopt the Senate Letter of Intent (page 4328 of the Senate Journal). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 442(FIN) am S was referred to the Chief Clerk for enrollment. HB 302 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4101) on the following at this time: CS FOR HOUSE BILL NO. 302(STA) "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 302(STA), thus adopting SCS CSHB 302(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 302(STA)?" The roll was taken with the following result: 1994-05-07 House Journal Page 4120 HB 302 SCS CSHB 302(JUD) am S Concur YEAS: 37 NAYS: 3 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, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Menard, Moses, Sitton And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 302(JUD) am S. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 302(JUD) am S was referred to the Chief Clerk for enrollment. HB 351 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4060) on the following at this time: CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "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." 1994-05-07 House Journal Page 4121 HB 351 and SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 351(FIN) am(efd add), thus adopting SCS CSHB 351(STA) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 351(FIN) am(efd add)?" The roll was taken with the following result: SCS CSHB 351(STA) am S Concur YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Davidson, Davies, Hoffman, MacLean, Nicholia And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 351(STA) am S. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. 1994-05-07 House Journal Page 4122 HB 351 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 351(STA) am S was referred to the Chief Clerk for enrollment. The Speaker stated that the House would stand at ease to a call of the Chair, and so, the House stood at ease at 6:15 p.m. AFTER AT EASE The House was called back to order at 6:53 p.m. Representative Phillips, who had been previously excused from a call of the House today from 4:00 p.m., left the Chamber. Representative Foster assumed the position of Majority Leader. UNFINISHED BUSINESS HB 230 Representative Foster moved and asked unanimous consent that the House consider the Senate message (page 4100) on the following at this time: CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." and CS FOR HOUSE BILL NO. 230(FIN) am S (same title) 1994-05-07 House Journal Page 4123 HB 230 There being no objection, it was so ordered. Representative Foster moved that the House concur in the Senate amendment to CSHB 230(FIN), thus adopting CSHB 230(FIN) am S, and recommended that the members vote yes. The Speaker placed a call of the House and lifted the call. The question being: "Shall the House concur in the Senate amendment to CSHB 230(FIN)?" The roll was taken with the following result: CSHB 230(FIN) am S Concur YEAS: 27 NAYS: 11 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Porter, Sanders, Sitton, Therriault, Vezey, Williams Nays: Brice, Davidson, Davies, Finkelstein, Grussendorf, Hudson, Mackie, Menard, Navarre, Ulmer, Willis Absent: Toohey Excused: Phillips And so, the House concurred in the Senate amendment, thus adopting CSHB 230(FIN) am S. The Chief Clerk was instructed to so notify the Senate. CSHB 230(FIN) am S was referred to the Chief Clerk for enrollment. 1994-05-07 House Journal Page 4124 SECOND READING OF HOUSE BILLS (continued) HB 364 The following, which had been read the second time was again before the House: CS FOR HOUSE BILL NO. 364(FIN) "An Act relating to contributions from permanent fund dividends; and providing for an effective date." Amendment No. 1 was offered by Representatives Hanley and Martin: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the state coordinating organization for United Way to be used by the coordinating organization for providing social services and to be used by the Department of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a United Way contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the coordinating organization for United Way at least every six months. Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-05-07 House Journal Page 4125 HB 364 CSHB 364(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Green, Grussendorf, Hanley, James, Kott, MacLean, Martin, Moses, Olberg, Parnell, Sanders, Therriault Nays: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hoffman, Hudson, Larson, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Porter, Sitton, Ulmer, Vezey, Williams, Willis Excused: Phillips Absent: Toohey And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Hanley, Martin and Kott: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Dept. of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the American Cancer Society, Inc. to be used by the organization for research and instruction, and to be used by the Dept. of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in an American Cancer Society contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the American Cancer Society, Inc. at least every six months." 1994-05-07 House Journal Page 4126 HB 364 Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Foster objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 27 EXCUSED: 1 ABSENT: 3 Yeas: Green, Hanley, James, Kott, Martin, Moses, Olberg, Parnell, Therriault Nays: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hudson, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Porter, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Excused: Phillips Absent: Davidson, Hoffman, Sanders And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Hanley: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Dept. of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's 1994-05-07 House Journal Page 4127 HB 364 dividend for contribution to the Alaska Public Broadcasting Commission (AS 44.21.264) and to be used by the Dept. of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a public broadcasting contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the Alaska Public Broadcasting Commission at least every six months." Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Brown, Davies, Green, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Martin, Moses, Nicholia, Parnell, Sanders Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Hudson, Larson, Menard, Mulder, Navarre, Nordlund, Olberg, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-05-07 House Journal Page 4128 HB 364 Excused: Phillips Absent: Davidson, Hoffman And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Hanley: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the Alaska State Council on the Arts (AS 44.27.040) and to be used by the Dept. of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a state arts contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the Alaska State Council on the Arts at least every six months." Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Willis objected. 1994-05-07 House Journal Page 4129 HB 364 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 4 YEAS: 8 NAYS: 29 EXCUSED: 1 ABSENT: 2 Yeas: Green, Hanley, James, Kott, Martin, Moses, Parnell, Sanders Nays: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hudson, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Phillips Absent: Davidson, Hoffman And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Hanley: Page 2, following line 9, add a new subsection (c) to read: Notwithstanding AS 43.23.069, the Dept. of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the Council on Domestic Violence and Sexual Assault (AS 18.66.010) and to be used by the Dept. of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a Council on Domestic Violence and Sexual Assault contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing 1994-05-07 House Journal Page 4130 HB 364 this section. The balance in the account shall be delivered by the department to the Council on Domestic Violence and Sexual Assault at least every six months." Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Willis objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 5 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Brown, Davies, Green, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Martin, Moses, Olberg, Parnell, Sanders Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Hudson, Larson, Menard, Mulder, Navarre, Nicholia, Nordlund, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Phillips Absent: Davidson, Hoffman And so, Amendment No. 5 was not adopted. 1994-05-07 House Journal Page 4131 HB 364 Amendment No. 6 was offered by Representative Hanley: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Dept. of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the Food Bank of Alaska, Inc. to be used by the food bank for daily operations and acquisition or construction of adequate warehouse facilities, and to be used by the Dept. of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a Food Bank of Alaska contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the Food Bank of Alaska, Inc. at least every six months. Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 6 be adopted. Representative B.Davis objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 6 YEAS: 10 NAYS: 28 EXCUSED: 1 ABSENT: 1 Yeas: Green, Hanley, James, Kott, MacLean, Martin, Moses, Olberg, Parnell, Sanders 1994-05-07 House Journal Page 4132 HB 364 Nays: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Larson, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Phillips Absent: Davidson And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representatives Hanley, Martin, Kott and Willis: Page 2, following line 9, add a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the organizing committee of the Arctic Winter Games to be used by the committee for promotion and hosting of the 1996 games in Eagle River, and to be used by the Department of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in an Arctic Winter Games contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the organizing committee of the Arctic Winter Games at least every six months." Reletter following subsection accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Davies objected. 1994-05-07 House Journal Page 4133 HB 364 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 7 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Green, Hanley, Hudson, James, Kott, Martin, Moses, Nicholia, Parnell, Sanders, Willis Nays: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Olberg, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Excused: Phillips Absent: Davidson Barnes changed from "Yea" to "Nay". And so, Amendment No. 7 was not adopted. Amendment No. 8 was not offered. Amendment No. 9 was offered by Representative Martin: Page 2, following line 9, insert a new subsection (c) to read: "Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to Special Olympics of Alaska, Inc. to be 1994-05-07 House Journal Page 4134 HB 364 used by the organization for promotion and hosting of the games, and to be used by the Department of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in a Special Olympics contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance in the account shall be delivered by the department to the Special Olympics of Alaska, Inc. at least every six months." Reletter the following subsection accordingly. Representative Martin moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Brown Representative Mulder Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 9 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 Yeas: Davies, Green, Hanley, James, Kott, Martin, Moses, Nicholia, Olberg, Parnell, Sanders, Willis 1994-05-07 House Journal Page 4135 HB 364 Nays: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Excused: Phillips Absent: Davidson And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representatives Mulder, Nordlund, Barnes, Navarre, Mackie and Davies: Page 1, line 1, after "contributions" (title amendment): Insert "to the Iditarod Trail Committee, Inc. and the Alaska Childrens Trust Fund (AS 37.14.200)" Representative Mulder moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 364(FIN) Second Reading Amendment No. 10 YEAS: 27 NAYS: 11 EXCUSED: 1 ABSENT: 1 1994-05-07 House Journal Page 4136 HB 364 Yeas: Barnes, Brice, Brown, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, James, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Porter, Sitton, Vezey, Williams, Willis Nays: Bunde, Davidson, Green, Hanley, Kott, Larson, MacLean, Martin, Sanders, Therriault, Toohey Excused: Phillips Absent: Ulmer And so, Amendment No. 10 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 364(FIN)(title am) "An Act relating to contributions to the Iditarod Trail Committee, Inc. and the Alaska Children's Trust Fund (AS 37.14.200) from permanent fund dividends; and providing for an effective date." Representative Phillips moved and asked unanimous consent that CSHB 364(FIN)(title am) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 364(FIN)(title am) was read the third time. Representative Mackie rose to a point of order regarding casting aspersions on members of the body. The Speaker cautioned the member to confine his remarks to the legislation before the body. 1994-05-07 House Journal Page 4137 HB 364 The question being: "Shall CSHB 364(FIN)(title am) pass the House?" The roll was taken with the following result: CSHB 364(FIN)(title am) Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Sitton, Ulmer, Vezey, Williams, Willis Nays: Bunde, Green, Hanley, Hudson, Kott, Martin, Moses, Parnell, Porter, Sanders, Therriault, Toohey Excused: Phillips And so, CSHB 364(FIN)(title am) passed the House. Representative Foster 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 Mackie gave notice of reconsideration of his vote on CSHB 364(FIN)(title am). RECONSIDERATION HB 364 Representative Mackie moved and asked unanimous consent that the reconsideration of CSHB 364(FIN)(title am) be taken up on the same day. Representative Therriault objected. 1994-05-07 House Journal Page 4138 HB 364 The question being: "Shall the reconsideration of CSHB 364(FIN)(title am) be taken up on the same day?" The roll was taken with the following result: CSHB 364(FIN)(title am)--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 29 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Sitton, Ulmer, Williams, Willis Nays: Bunde, Green, Hanley, Kott, Martin, Porter, Sanders, Therriault, Toohey, Vezey Excused: Phillips And so, the motion passed. The question to be reconsidered: "Shall CSHB 364(FIN)(title am) pass the House?" The roll was taken with the following result: CSHB 364(FIN)(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Sitton, Ulmer, Williams, Willis Nays: Bunde, Green, Hanley, Hudson, Kott, Martin, Moses, Parnell, Porter, Sanders, Therriault, Toohey, Vezey 1994-05-07 House Journal Page 4139 HB 364 Excused: Phillips James changed from "Nay" to "Yea". And so, CSHB 364(FIN)(title am) passed the House on reconsideration. Representative Foster moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 364(FIN)(title am)--RECONSIDERATION Third Reading Effective Date YEAS: 34 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Porter, Sitton, Ulmer, Vezey, Williams, Willis Nays: Martin, Moses, Sanders, Therriault, Toohey Excused: Phillips Kott changed from "Nay" to "Yea". And so, the effective date clause was adopted. CSHB 364(FIN)(title am) was referred to the Chief Clerk for engrossment. 1994-05-07 House Journal Page 4140 SECOND READING OF SENATE BILLS SB 46 Representative Foster moved and asked unanimous consent that the following be returned to the Rules Committee: CS FOR SENATE BILL NO. 46(FIN) "An Act relating to moose farming and relating to game farming." There being no objection, it was so ordered. SB 132 The following was read the second time: CS FOR SENATE BILL NO.132(RES) am "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." with the: Journal Page RES RPT HCS(RES) 1DP 4NR 2253 LETTER OF INTENT WITH RES REPORT 2253 -FISCAL NOTE (DCED) 2/4/94 2254 FIN RPT HCS(RES) 2DP 9NR 4021 LETTER OF INTENT WITH RES REPORT 4021 -PREVIOUS FISCAL NOTE (DCED) 2/4/94 4021 Representative Foster 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. 132(RES) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HCS CSSB 132(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-05-07 House Journal Page 4141 SB 132 HCS CSSB 132(RES) was read the third time. The question being: "Shall HCS CSSB 132(RES) pass the House?" The roll was taken with the following result: HCS CSSB 132(RES) Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Hanley, Martin, Therriault Excused: Phillips And so, HCS CSSB 132(RES) passed the House. Representative Foster 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 Foster moved and asked unanimous consent that the House adopt the House Resources Committee Letter of Intent (page 4021). There being no objection, it was so ordered. Representative Brown gave notice of reconsideration of her vote HCS CSSB 132(RES). 1994-05-07 House Journal Page 4142 SB 215 The following was read the second time: 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." with the: Journal Page RES RPT HCS(RES) 5DP 2DNP 2AM 3751 -FISCAL NOTE (REV) 4/27/94 3751 -4 ZERO FNS (DPS,LAW,DEC,ADM) 4/27/94 3751 STA RPT HCS(STA) 3DP 3NR 3858 -PREVIOUS FISCAL NOTE (REV) 4/27/94 3859 -4 PREV ZERO FNS (LAW,DPS,ADM,DEC) 4/27 3859 -2 PREV SEN ZERO FNS (REV,ADM) 4/12/94 3859 -PREVIOUS SENATE ZERO FN (LAW) 4/13/94 3859 -2 PREVIOUS SEN ZERO FNS (DPS,DEC) 4/8 3859 FIN RPT HCS(FIN) 3DP 6NR 1AM 4064 -PREVIOUS FISCAL NOTE (REV) 4/27/94 4065 -4 PREV ZERO FNS (LAW,ADM,DPS,DEC) 4/27 4065 Representative Foster 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. 215(FIN) (same title) There being no objection, it was so ordered. 1994-05-07 House Journal Page 4143 SB 215 Amendment No. 1 was offered by Representative Menard: Page 26, line 26, through page 27, line 6: Delete all material and insert: "* Sec. 45. CONDITIONAL SUSPENSION OF SURCHARGE IMPOSED BY AS43.55.201 - 43.55.231. In addition to the circumstances set out in AS43.55.231, the surcharge authorized by AS43.55.201 is not levied on and after the effective date of this section and until June30, 1995, if (1) the Eighteenth Alaska State Legislature does not, during the Second Regular Session or during any special session held before the effective date of this section, (A) appropriate to the oil and hazardous substance release prevention and response fund established by AS46.08.010(a), as amended by sec. 21 of this Act, the balance, as of July1, 1994, of the account established under former AS43.55.210 to receive the proceeds of the conservation surcharge; the appropriation required by this subparagraph must be allocated as follows: (i) 40 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (ii) 60 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act; and (B) appropriate at least an amount equal to the estimated amount, as of the day before the effective date of this section, of the unexpended and unobligated balance of the former oil and hazardous substance release response fund, exclusive of the amount appropriated under (A) of this paragraph, to the oil and hazardous substance release prevention and response fund; the appropriation required by this subparagraph must be allocated as follows: (i) 40 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (ii) 60 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act; or (2) the governor vetoes or reduces any of the amounts appropriated or allocated under (1) of this section." 1994-05-07 House Journal Page 4144 SB 215 Page 27, lines 7 - 9: Delete "APPLICABLE TO CONSERVATION SURCHARGE ON OIL IMPOSED BY AS43.55.200 AFTER JUNE 30, 1994, AND BEFORE THE EFFECTIVE DATE OF THIS SECTION." Insert ". (a)" Page 27, line 23: Delete "section" Insert "subsection" Page 27, following line 25: Insert a new subsection to read: "(b) On the effective date of this section, if so appropriated by the legislature, the commissioner of administration shall transfer to the oil and hazardous substance release prevention and response fund established by AS46.08.010(a), as amended by sec. 21 of this Act, an amount equal to the estimated amount, as of the day before the effective date of this section, of the unexpended and unobligated balance of the former oil and hazardous substance release response fund; the appropriation required by this subparagraph must be allocated as follows: (1) 40 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (2) 60 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act." Representative Menard moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Green objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-05-07 House Journal Page 4145 SB 215 HCS CSSB 215(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Moses, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Navarre, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Phillips And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Therriault: Page 22, line 4, after "(a)(2)": Delete "(B) - (K)" Representative Therriault moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Finkelstein: Page 22, following line 8, insert a new bill section to read: 1994-05-07 House Journal Page 4146 SB 215 "* Sec. 30. AS 46.08.040(d) is amended to read: (d) Upon a request from [(1)] the Alaska Legislative Council, the commissioner may [SHALL] use money from the prevention account in the fund to reimburse the Alaska Legislative Council for expenditures that it makes for the operation of the Citizens' Oversight Council on Oil and Other Hazardous Substances, established under AS 24.20.600 [; AND (2) THE COMMISSIONER OF TRANSPORTATION AND PUBLIC FACILITIES, THE COMMISSIONER SHALL TRANSFER MONEY FROM THE FUND TO THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES TO PAY FOR THE CONSTRUCTION OR REFURBISHMENT OF ONE OR MORE VESSELS OF THE ALASKA MARINE HIGHWAY SYSTEM THAT HAVE THE CAPABILITY TO ASSIST IN RESPONDING TO SPILLS OF OIL AND HAZARDOUS SUBSTANCES; IN EXPENDING MONEY IN THE FUND WHOSE USE FOR VESSELS OF THE MARINE HIGHWAY SYSTEM IS AUTHORIZED BY AS 19.65.025 AND THIS PARAGRAPH, THE COMMISSIONER SHALL GIVE PRIORITY TO CONSTRUCTION OF ONE OR MORE NEW VESSELS THAT HAVE THE CHARACTERISTICS REQUIRED BY THIS PARAGRAPH]." Renumber the following bill sections accordingly. Page 26, line 19: Delete "AS 24.20.600, 24.20.610, 24.20.620, 24.20.630;" Page 26, lines 20 - 21: Delete ", 46.08.040(d)" Page 26, line 24: Delete "sec. 43" Insert "sec. 44" 1994-05-07 House Journal Page 4147 SB 215 Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 215(FIN) am H Second Reading Amendment No. 3 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Phillips And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 19, lines 6 - 15: Delete all material. Page 19, following line 5, insert a new paragraph to read: "(2) from the prevention account in the fund to (A) investigate and evaluate the release or threatened release of oil or a hazardous substance, except a release described in AS 46.08.045(a), and contain, clean up, and take other necessary action, such as monitoring and assessing, to address a release or threatened release of oil or a hazardous substance, except a release described in AS 46.08.045(a);" 1994-05-07 House Journal Page 4148 SB 215 Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected and withdrew the objection. There being no further objection, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representative Finkelstein: Page 23, lines 6 - 25: Delete all material. Page 23, following line 5, insert a new subsection to read: "(a) The commissioner shall submit a report to the legislature not later than the 10th day following the convening of each regular session of the legislature. The report may include information considered significant by the commissioner but must include: (1) the amount of money expended by the department under AS 46.08.040(a)(1)(A) [AS 46.08.040(a)] during the preceding fiscal year; (2) the amount and source of money received and money recovered by or on behalf of the department during the preceding fiscal year under (A) AS 46.04.010 (reimbursement of cleanup expenses); (B) AS 46.08.020(a)(4) (recovery of fines, penalties, and damages); and (C) AS 46.08.020(a)(3) and 46.08.025(a)(3) (cost recoveries) [AS SPECIFIED IN AS 46.08.020]; (3) a summary of municipal participation in the department's responses that were paid for [FUNDED] by the response account [FUND]; (4) a [DETAILED] summary of department activities in responses paid for [FUNDED] by the response account [FUND] during the preceding fiscal year, including response 1994-05-07 House Journal Page 4149 SB 215 descriptions and statements outlining the nature of the threat; [IN THIS PARAGRAPH, "DETAILED" INCLUDES INFORMATION DESCRIBING EACH PERSONAL SERVICES POSITION AND TOTAL COMPENSATION FOR THAT POSITION, EACH CONTRACT IN EXCESS OF $20,000, AND EACH PURCHASE IN EXCESS OF $10,000]; and (5) the projected cost to the department for the next fiscal year of monitoring, operating, and maintaining sites where response [HAS BEEN COMPLETED OR] is expected to be continued during the fiscal year , to the extent these costs would be paid for from the response account." Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 5. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Brown: Page 18, line 4, after "environment": Insert ", restore the environment, excluding the acquisition of wildlife habitat" Page 21, lines 22 - 23: Delete all material. Representative Brown moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard. 1994-05-07 House Journal Page 4150 SB 215 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 215(FIN) am H Second Reading Amendment No. 6 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey Excused: Phillips And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Finkelstein: Page 10, line 4, after "prevention": Insert "mitigation" Page 10, line 4, after "in": Insert "AS 46.08.020(b)" Page 20, lines 26 - 28: Delete all material. Reletter the remaining subparagraph. Page 21, lines 8 - 10: Delete all material. 1994-05-07 House Journal Page 4151 SB 215 Representative Finkelstein moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 215(FIN) am H Second Reading Amendment No. 7 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Phillips And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 26, line 26, through page 27, line 6: Delete all material and insert: "* Sec. 45. CONDITIONAL SUSPENSION OF SURCHARGE IMPOSED BY AS43.55.201 - 43.55.231. In addition to the circumstances set out in AS43.55.231, the surcharge authorized by AS43.55.201 is not levied on and after the effective date of this section and until June30, 1995, if 1994-05-07 House Journal Page 4152 SB 215 (1) the Eighteenth Alaska State Legislature does not, during the Second Regular Session or during any special session held before the effective date of this section, (A) appropriate to the oil and hazardous substance release prevention and response fund established by AS46.08.010(a), as amended by sec. 21 of this Act, the balance, as of July1, 1994, of the account established under former AS43.55.210 to receive the proceeds of the conservation surcharge; the appropriation required by this subparagraph must be allocated as follows: (i) 40 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (ii) 60 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act; and (B) appropriate at least an amount equal to the estimated amount, as of the day before the effective date of this section, of the unexpended and unobligated balance of the former oil and hazardous substance release response fund, exclusive of the amount appropriated under (A) of this paragraph, to the oil and hazardous substance release prevention and response fund; the appropriation required by this subparagraph must be allocated as follows: (i) 50 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (ii) 50 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act; or (2) the governor vetoes or reduces any of the amounts appropriated or allocated under (1) of this section." Page 27, lines 7 - 9: Delete "APPLICABLE TO CONSERVATION SURCHARGE ON OIL IMPOSED BY AS43.55.200 AFTER JUNE 30, 1994, AND BEFORE THE EFFECTIVE DATE OF THIS SECTION." Insert ". (a)" Page 27, line 23: Delete "section" Insert "subsection" 1994-05-07 House Journal Page 4153 SB 215 Page 27, following line 25: Insert a new subsection to read: "(b) On the effective date of this section, if so appropriated by the legislature, the commissioner of administration shall transfer to the oil and hazardous substance release prevention and response fund established by AS46.08.010(a), as amended by sec. 21 of this Act, an amount equal to the estimated amount, as of the day before the effective date of this section, of the unexpended and unobligated balance of the former oil and hazardous substance release response fund; the appropriation required by this subparagraph must be allocated as follows: (1) 40 percent of that balance to the response account established by AS46.08.010(a)(2), as amended by sec.21 of this Act; and (2) 60 percent of that balance to the prevention account established by AS46.08.010(a)(1), as amended by sec.21 of this Act." Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Objection was heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 215(FIN) am H Second Reading Amendment No. 8 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-05-07 House Journal Page 4154 SB 215 Excused: Phillips And so, Amendment No. 8 was not adopted. Representative Foster moved and asked unanimous consent that HCS CSSB 215(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HCS CSSB 215(FIN) am H will be in third reading on the May 8, 1994, calendar. THIRD READING OF SENATE BILLS SB 101 The following, which was advanced to third reading from the May 6, 1994, calendar (page 4073), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) "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." The question being: "Shall HCS CSSB 101(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 101(FIN) Third Reading Final Passage YEAS: 21 NAYS: 17 EXCUSED: 1 ABSENT: 1 1994-05-07 House Journal Page 4155 SB 101 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Phillips Absent: Moses And so, HCS CSSB 101(FIN) passed the House. Representative Brice gave notice of reconsideration of his vote on HCS CSSB 101(FIn). LEGISLATIVE CITATIONS Representative Foster moved and asked unanimous consent that the House approve the citations on the calendar. Representative Martin objected and withdrew the objection. There being no further objection, the following citations were approved and sent to enrolling: Honoring - Cindy Rook, Seward Chamber of Commerce, Volunteer of the Year By Representatives G.Davis, Brice, B.Davis, Davies, James, Mackie, MacLean, Menard, Navarre, Parnell, Phillips, Toohey, Ulmer, Willis Honoring - Citizen Review Panels for Permanency Planning Representatives Toohey, Brown, B.Davis, James, Mackie, Menard, Navarre, Nordlund, Porter, Ulmer, Willis; Senator Ellis Honoring - Peck Clan, Nolan Ross, Robert Sibold, Dale Watson, Coffee Club, Clear M&R Shops, Ray & Kathryn Peters, Denise Nathan, Mildred Evans -- 1994 Nenana Ice Classic Winners By Representatives James, B.Davis, Foster, Mackie, Menard, Navarre, Sitton, Toohey, Ulmer, Willis 1994-05-07 House Journal Page 4156 Honoring - Harold DeArmoun, Wasilla Business Person of the Year, 1994 By Representatives Menard, Carney, Larson, B.Davis, Finkelstein, Foster, Hoffman, James, Mackie, Ulmer, MacLean, Menard, Navarre, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Louise Kellogg, Wasilla Citizen of the Year, 1994 By Representatives Menard, Carney, Larson, B.Davis, Finkelstein, Foster, Hoffman, James, Kott, Mackie, MacLean, Navarre, Phillips, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Rick Luthi, Colony High School Principal By Representatives Menard, Carney, Larson, B.Davis, Finkelstein, Foster, Hoffman, James, Kott, Mackie, MacLean, Navarre, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Sharon McMullen, Wasilla Educator of the Year, 1994 By Representatives Menard, Carney, Larson, B.Davis, Finkelstein, Foster, Hoffman, James, Mackie, MacLean, Navarre, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - John Litton By Senator Taylor; Representatives B.Davis, Grussendorf, James, Mackie, Menard, Mulder, Navarre, Ulmer, Willis Honoring - The Frontiersman By Senator Kerttula; Representatives Carney, Larson, Menard, B.Davis, Finkelstein, Foster, Davies, Hoffman, James, Mackie, Navarre, Parnell, Sanders, Toohey, Ulmer, Willis Honoring - Arco Alaska, Inc. By Senator Kerttula; Representatives Finkelstein, Foster, Davies, B.Davis, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Willis Honoring - Dennis Duff Wilkins and William Drake By Senator Leman; Representatives B.Davis, James, Mackie, Menard, Navarre, Toohey, Willis 1994-05-07 House Journal Page 4157 In Memoriam - Duncan McLeod By Representatives Willis, B.Davis, James, Kott, Mackie, MacLean, Menard, Navarre, Toohey In Memoriam - Robert J. Zentmire By Senator Little; Representatives G.Davis, B.Davis, James, Mackie, MacLean, Menard, Navarre, Porter, Toohey, Willis UNFINISHED BUSINESS Representative Foster moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Hoffman - from 11:00 a.m. to 4:00 p.m., May 9, 1994 There being no objection, it was so ordered. RECONSIDERATION SB 330 Representative Carney brought up reconsideration of the vote on CSSB 330(RLS) (page 4082). The following was again before the House in third reading: 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." Representative Foster moved and asked unanimous consent that that the reconsideration of CSSB 330(RLS) be held until May 8, 1994. Representative Navarre objected. Representative Foster moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSSB 330(RLS) pass the House?" The roll was taken with the following result: 1994-05-07 House Journal Page 4158 SB 330 CSSB 330(RLS)--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 7 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Porter, Sanders, Sitton, Ulmer, Williams, Willis Nays: Bunde, Davies, Hanley, MacLean, Therriault, Toohey, Vezey Excused: Phillips Absent: Brown, Moses And so, CSSB 330(RLS) passed the House on reconsideration. Representative Foster 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 330(RLS) was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HJR 53 Representative Navarre moved and asked unanimous consent that the following be discharged from the State Affairs Committee and considered by the House at this time: HOUSE JOINT RESOLUTION NO. 53 Proposing amendments to the Constitution of the State of Alaska relating to the length of a regular session and establishing a unicameral legislature; and providing for an effective date for each amendment. Representative Foster objected. 1994-05-07 House Journal Page 4159 HJR 53 The question being: "Shall HJR 53 be discharged from the State Affairs Committee and considered by the House at this time?" The roll was taken with the following result: HJR 53 Discharge from Committee Consider at this time YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Phillips And so, the motion failed. HB 19 Representative Finkelstein moved and asked unanimous consent that the following bill be discharged from the Labor & Commerce Committee and considered by the House at this time: 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." Representative Hudson objected. The question being: "Shall HB 19 be discharged from the Labor & Commerce Committee and considered by the House at this time?" The roll was taken with the following result: 1994-05-07 House Journal Page 4160 HB 19 HB 19 Discharge from Committee Consider at this time YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Phillips And so, the motion failed. HB 364 Representatives Mulder and B.Davis added their names as cosponsors to: CS FOR HOUSE BILL NO. 364(FIN)(title am) "An Act relating to contributions to the Iditarod Trail Committee, Inc. and the Alaska Children's Trust Fund (AS 37.14.200) from permanent fund dividends; and providing for an effective date." SB 303 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." 1994-05-07 House Journal Page 4161 ENGROSSMENT HB 364 CSHB 364(FIN)(title am) 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. Finance Committee Capitol 519 10:00 a.m., 5/9 (TIME CHANGE) ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 8, 1994. There being no objection, the House adjourned at 11:39 p.m. Suzi Lowell Chief Clerk