Legislature(1993 - 1994)
1994-05-09 House Journal
Full Journal pdf1994-05-09 House Journal Page 4213 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 9, 1994 One Hundred Twentieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 12:49 p.m. Roll call showed 30 members present. Representative Hoffman had been previously excused from a call of the House today from 11:00 a.m. until 4:00 p.m. Representatives Brown, Davidson, Finkelstein, Grussendorf, Hanley, Larson, Menard, Nordlund and Vezey were absent. The invocation was offered by the Chaplain, Interim Pastor Richard J. Tuff of the Resurrection Lutheran Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "`The eyes of all look to You Lord, and You open Your hand and satisfy the desire of every living thing.' Thank You for the day and the opportunities and responsibilities it places before each one. Give us the courage to fulfill our responsibilities here in the closing week of this session of the legislature. Each one here has been committed to serve You, the state of Alaska, and those whom they represent. Where we have missed the mark, forgive us. Where we have attained success, we thank You. Set our minds and wills to complete the legislation before us this day. We pray in Christ's name. Amen." 1 1994-05-09 House Journal Page 4214 The Pledge of Allegiance was led by Representative Parnell. MESSAGES FROM THE SENATE HCR 36 A message dated May 8, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 36 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 247, relating to state leases and to state lease-purchase and lease-financing agreements. HCR 36 am was referred to the Chief Clerk for enrollment. HB 153 A message dated May 7, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 153(JUD) am(efd fld S) "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project." CSHB 153(JUD) am(efd fld S) was referred to the Chief Clerk for enrollment. HB 330 A message dated May 8, 1994, was read stating the Senate has passed: 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." CSHB 330(TRA) was referred to the Chief Clerk for enrollment. 1994-05-09 House Journal Page 4215 HB 443 A message dated May 8, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 443(RES) am(efd fld) "An Act relating to the confidentiality of certain records relating to fish and wildlife." CSHB 443(RES) am(efd fld) was referred to the Chief Clerk for enrollment. HB 47 A message dated May 8, 1994, was read stating the Senate has failed: CS FOR HOUSE BILL NO. 47(FIN)(fld S) "An Act relating to primary elections and to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public; preventing a voter from changing the voter's party affiliation within 30 days of a primary election when two or more primary ballots must be provided to the public; and annulling a related regulation; and providing for an effective date." CSHB 47(FIN)(fld S) was referred to the Chief Clerk for permanent filing. HB 2 A message dated May 8, 1994, was read stating the Senate has passed CSHB 2(RLS) with the following amendment: Page 2, line 7, after "(b)": Insert "For a driver who is not required to have a commercial drivers' license, an employer (1) shall keep and maintain records of the testing for improper use of drugs or alcohol on a confidential basis and may only release the results with the written consent of the employee; and 1994-05-09 House Journal Page 4216 HB 2 (2) may not retain false positive test results in the employee's employment records and may not release information about a false positive test without the written consent of the employee. (c)" Reletter the following subsection accordingly. And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 2(RLS) am S "An Act requiring drug and alcohol tests for school bus drivers." A Senate Letter of Intent was attached (page 4483 of the Senate Journal). CSHB 2(RLS) is under Unfinished Business. HB 183 A message dated May 8, 1994, was read stating the Senate has passed CSHB 183(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA)(efd fld S) "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula." CSHB 183(FIN) am is under Unfinished Business. HB 367 A message dated May 8, 1994, was read stating the Senate has passed CSHB 367(JUD) am with the following amendment: Page 2, line 6, following "shelters": Insert ", and adjacent trash receptacles," Page 2, line 31, following "shelters": Insert ", and adjacent trash receptacles," 1994-05-09 House Journal Page 4217 HB 367 And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 367(JUD) am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." CSHB 367(JUD) am is under Unfinished Business. COMMUNICATIONS The following report is on file in the Chief Clerk's office and replaces the interest arbitrator's award previously reported (page 2176). Dept. of Administration Monetary Terms of Collective Bargaining Agreement between the State of Alaska and the Public Safety Employees Association (as required by AS 23.40.215) The report was referred to the Finance Committee. REPORTS OF STANDING COMMITTEES SB 213 The Labor & Commerce has considered: CS FOR SENATE BILL NO. 213(FIN) am(efd fld) "An Act extending the Alaska Public Utilities Commission; relating to regulation of public utilities and to regulatory cost charges." and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 213(L&C) "An Act extending the Alaska Public Utilities Commission; relating to regulation of public utilities and to regulatory cost charges; and providing for an effective date." 1994-05-09 House Journal Page 4218 SB 213 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Hudson, Porter, Williams, Mulder The following fiscal notes apply to HCS CSSB 213(L&C): Senate fiscal note, Dept. of Commerce & Economic Development, 4/19/94 Senate zero fiscal note, Dept. of Revenue, 4/19/94 CSSB 213(FIN) am(efd fld) was referred to the State Affairs Committee. SB 217 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 217(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 217(CRA) (same title) The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Bunde, Williams, Toohey No recommendation (3): Davies, Willis, Olberg The following fiscal notes apply to HCS CSSB 217(CRA): 1994-05-09 House Journal Page 4219 SB 217 Senate fiscal note, Dept. of Natural Resources, 3/16/94 Senate fiscal note, University of Alaska, 3/10/94 Senate fiscal note, Dept. of Fish & Game, 3/10/94 Senate zero fiscal note, Dept. of Revenue, 3/10/94 CSSB 217(FIN) am was referred to the Finance Committee. SB 227 The State Affairs Committee has considered: SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Kott, Sanders, G.Davis, Olberg, Ulmer The following fiscal notes apply to SB 227: Senate zero fiscal note, Dept. of Public Safety, 3/14/94 Senate zero fiscal note, Senate State Affairs Committee, 2/18/94 SB 227 is on today's calendar. **The presence of Representatives Nordlund and Brown was noted. SB 365 The State Affairs Committee has considered: SENATE BILL NO. 365 am "An Act amending, and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date." 1994-05-09 House Journal Page 4220 SB 365 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, Sanders, B.Davis No recommendation (3): Ulmer, Olberg, G.Davis The following fiscal notes apply to SB 365 am: Senate zero fiscal note, Dept. of Corrections, 4/21/94 Senate zero fiscal note, Dept. of Labor, 4/21/94 Senate zero fiscal note, Dept. of Public Safety, 4/21/94 Senate zero fiscal note, Dept. of Environmental Conservation, 4/21/94 Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/94 Senate zero fiscal note, Office of the Governor, 4/21/94 Senate zero fiscal note, Dept. of Administration, 4/21/94 SB 365 am was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Terrence Cole, Emil Usibelli Distinguished Teaching Award By Representative Davies Honoring - Galena Peer Helpers By Representative Nicholia; Senator Lincoln Honoring - Edward A. Krause By Representative Nicholia; Senator Lincoln **The presence of Representative Davidson was noted. 1994-05-09 House Journal Page 4221 Honoring - Sarah James By Representative Nicholia; Senator Lincoln Honoring - Cheri C. Jacobus By Senator Leman Honoring - Corrine Erickson Senator Lincoln; Representative Olberg In Memoriam - Frank Ginnis John By Representative Nicholia; Senator Lincoln In Memoriam - Joseph A. Bielawski By Representative Toohey In Memoriam - Junior Peter Amundson By Senator Taylor CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 338 The following was read the second time: CS FOR SENATE BILL NO. 338(FIN) "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date." with the: Journal Page L&C REFERRAL WAIVED 4003 FIN RPT 3DP 8NR 4173 -PREVIOUS SENATE ZERO FN (REV) 3/2/94 4173 1994-05-09 House Journal Page 4222 SB 338 **The presence of Representative Menard was noted. Representative Phillips moved and asked unanimous consent that CSHB 338(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 338(FIN) was read the third time. **The presence of Representative Finkelstein was noted. The question being: "Shall CSHB 338(FIN) pass the House?" The roll was taken with the following result: CSSB 338(FIN) Third Reading Final Passage YEAS: 29 NAYS: 6 EXCUSED: 1 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hudson, James, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Carney, Davidson, Green, Kott, Martin, Sanders Excused: Hoffman Absent: Grussendorf, Hanley, Larson, Vezey Kott changed from "Yea" to "Nay". And so, CSSB 338(FIN) passed the House. 1994-05-09 House Journal Page 4223 SB 338 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 338(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 339 The following was read the second time: CS FOR SENATE BILL NO. 339(RES)(efd fld) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents." with the: Journal Page FIN RPT HCS(FIN) NEW TITLE 2DP 6NR 1AM 4173 ...TECHNICAL TITLE CHANGE 4173 -PREVIOUS SENATE FISCAL NOTE (DNR) 2/28 4174 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. 339(FIN) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 9, following line 14, through line 23: Delete all material. 1994-05-09 House Journal Page 4224 SB 339 Page 9, lines 27 - 28: Delete ", or will exist within two years," Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. **The presence of Representative Vezey was noted. ANNOUNCEMENTS Joint Session House Chamber DELAYED, 5/9 Confirmation of Governor's appts. 2:00 p.m. session The Speaker stated that, without objection, the House would stand at ease until 2:30 p.m.; and so, the House stood at ease at 1:31 p.m. AFTER AT EASE The House was called back to order at 3:01 p.m. SECOND READING OF SENATE BILLS (continued) SB 339 Representative Brown placed a call of the House on the amendment. Representative Ulmer moved and asked unanimous consent that the question be divided. The Speaker ruled the question was divisible. There being no objection, Amendment No. 1 was divided into two parts. 1994-05-09 House Journal Page 4225 SB 339 Amendment No. 1, Part A: Page 9, following line 14, through line 23: Delete all material. The question being: "Shall Part A of Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 339(FIN) Second Reading Amendment No. 1, Part A YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Hoffman And so, Part A of Amendment No. 1 was not adopted. Amendment No. 1, Part B: Page 9, lines 27 - 28: Delete ", or will exist within two years," 1994-05-09 House Journal Page 4226 SB 339 The question being: "Shall Part B of Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 339(FIN) Second Reading Amendment No. 1, Part B YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Hoffman And so, Part B of Amendment No. 1 was not adopted. The Speaker ruled Amendment Nos. 2 - 9 dilatory and out of order, citing Section No. 180 of Mason's Manual. Representative Vezey rose to a point of order, stating the ruling was not debatable. The Speaker stated the point was well taken. Representative Finkelstein appealed the ruling of the Chair and withdrew the appeal. The Speaker ruled that Amendment Nos. 4, 5, 6, 8 and 9 were out of order. 1994-05-09 House Journal Page 4227 SB 339 Amendment No. 2 was offered by Representative Brown: Page 9, line 18, after "state": Insert "and that the loss of substantial economic value cannot be practicably mitigated by other means" Page 9, lines 22 - 23: Delete all material. Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 339(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nordlund, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Hoffman Absent: Foster, Nicholia, Ulmer And so, Amendment No. 2 was not adopted. 1994-05-09 House Journal Page 4228 SB 339 Amendment No. 3 was offered by Representative Davies: Page 9, line 23, after "AS 38.05.115" Delete "." Insert ", except that the limitations, conditions and terms of the timber sale shall include the utilization, development and maintenance of the sustained yield principle, subject to preference among other beneficial uses." Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 339(FIN) Second Reading Amendment No. 3 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Menard, Navarre, Nicholia, Nordlund, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Hoffman Absent: Finkelstein, Foster, Ulmer And so, Amendment No. 3 was not adopted. 1994-05-09 House Journal Page 4229 SB 339 Amendment Nos. 4 - 6 were out of order. Amendment No. 7 was offered by Representative Davies: Page 9, line 19, after "epidemics": Delete "or fire" Page 10, line 1, after "disease," Delete "fire," Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 339(FIN) Second Reading Amendment No. 7 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Excused: Hoffman And so, Amendment No. 7 was not adopted. The Speaker ruled Amendment Nos. 8 - 9 out of order. 1994-05-09 House Journal Page 4230 SB 339 Amendment No. 10 was not offered. Representative Phillips moved and asked unanimous consent that HCS CSSB 339(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HCS CSSB 339(FIN) will be in third reading on the next legislative day's calendar. SB 357 The following was read the second time: 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." with the: Journal Page STA RPT HCS(STA) 5DP 2NR 4105 -2 PREVIOUS SENATE ZERO FNS (ADM,DOT) 4/21 4105 -4 PREVIOUS SENATE ZERO FNS (DCED, 4105 ...ADM, GOV, REV) 4/7/94 4105 -13 PREVIOUS SENATE ZERO FNS (2-DOE, 4105 ...2-DCED,2-DPS,4-ADM,DNR,DEC,DMVA)3/14 4105 FIN RPT HCS(FIN) 8DP 4174 -2 PREVIOUS SEN ZERO FNS (ADM,DOT) 4/21 4174 -4 PREVIOUS SENATE ZERO FNS (ADM, GOV, 4174 ...REV, DCED) 4/7/94 4174 -13 PREVIOUS SENATE ZERO FNS (2-DOE, 4174 ...2-DCED,2-DPS,4-ADM,DNR,DMVA,DEC) 3/14 4174 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1994-05-09 House Journal Page 4231 SB 357 HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 357(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. HCS CSSB 357(FIN) was read the third time. The question being: "Shall HCS CSSB 357(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 357(FIN) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 1 ABSENT: 5 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Davies Excused: Hoffman Absent: Foster, Grussendorf, Martin, Moses, Willis And so, HCS CSSB 357(FIN) passed the House. 1994-05-09 House Journal Page 4232 SB 357 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 357(FIN) was referred to the Chief Clerk for engrossment. SB 227 The following was read the second time: SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." with the: Journal Page TRA REFERRAL WAIVED 3804 STA RPT 6DP 4221 Representative Phillips moved and asked unanimous consent that SB 227 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 227 was read the third time. The question being: "Shall SB 227 pass the House?" The roll was taken with the following result: SB 227 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-05-09 House Journal Page 4233 SB 227 Excused: Hoffman Absent: Sitton And so, SB 227 passed the House. Representative Mackie gave notice of reconsideration of his vote on SB 227. RECONSIDERATION SB 227 Representative Mackie moved and asked unanimous consent that the reconsideration of SB 227 be taken up on the same day. There being no objection, it was so ordered. **The presence of Representative Hoffman, who had been previously excused from a call of the House until 4:00 p.m., was noted. SB 227 was again before the House in third reading. The question to be reconsidered: "Shall SB 227 pass the House?" The roll was taken with the following result: SB 227--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: MacLean And so, SB 227 passed on reconsideration and was signed by the Speaker and Chief Clerk and returned to the Senate. 1994-05-09 House Journal Page 4234 ANNOUNCEMENTS Minority Caucus upon at ease, 5/9 The Speaker stated that, without objection, the House would stand at ease; and so, the House stood at ease at 3:54 p.m. AFTER AT EASE The House was called back to order at 6:57 p.m. UNFINISHED BUSINESS SB 217 Representative Larson, Co-chair, moved and asked unanimous consent that the following be waived from the Finance Committee: CS FOR SENATE BILL NO. 217(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date." Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered. CSSB 217(FIN) am was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1994-05-09 House Journal Page 4235 SUPPLEMENTAL CALENDAR Representative Phillips moved and asked unanimous consent that the House adopt the Suppplemental Calendar. There being no objection, the following Supplemental Calendar was adopted: SB 370 SB 319 SB 221 SB 217 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS (continued) SB 310 Representative Phillips moved and asked unanimous consent that the following be moved to the bottom of the Supplemental Calendar: CS FOR SENATE BILL NO. 310(RES) "An Act relating to the management and sale of state timber and relating to the administration of forest land." There being no objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 441 The following, which was advanced to third reading from the May 8, 1994, calendar (page 4180), was read the third time: CS FOR HOUSE BILL NO. 441(FIN) am "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date." 1994-05-09 House Journal Page 4236 HB 441 Representative Phillips again moved and asked unanimous consent that CSHB 441(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 441(FIN) am was read the third time. The question being: "Shall CSHB 441(FIN) am pass the House?" The roll was taken with the following result: CSHB 441(FIN) am Third Reading Final Passage YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Navarre, Sitton, Willis And so, CSHB 441(FIN) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Mackie gave notice of reconsideration of his vote on CSHB 441(FIN) am. RECONSIDERATION HB 441 Representative Mackie moved and asked unanimous consent that the reconsideration of CSHB 441(FIN) am be taken up on the same day. 1994-05-09 House Journal Page 4237 HB 441 Representative Davidson objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 441(FIN) am was again before the House in third reading. The question to be reconsidered: "Shall CSHB 441(FIN) am pass the House?" The roll was taken with the following result: CSHB 441(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 6 EXCUSED: 0 ABSENT: 5 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Finkelstein, Nordlund Absent: Davies, Hanley, Moses, Navarre, Willis Ulmer changed from "Nay" to "Yea". And so, CSHB 441(FIN) am passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 441(FIN) am was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS (continued) HB 455 The following, which was advanced to third reading from the May 8, 1994, calendar (page 4182), was read the third time: 1994-05-09 House Journal Page 4238 HB 455 CS FOR HOUSE BILL NO. 455(FIN) am "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." The question being: "Shall CSHB 455(FIN) am pass the House?" The roll was taken with the following result: CSHB 455(FIN) am Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Nordlund, Sitton, Willis Absent: Moses And so, CSHB 455(FIN) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Mackie gave notice of reconsideration of his vote on CSHB 455(FIN) am. RECONSIDERATION HB 455 Representative Mackie moved and asked unanimous consent that the reconsideration of CSHB 455(FIN) am be taken up on the same day. There being no objection, it was so ordered. 1994-05-09 House Journal Page 4239 HB 455 The question to be reconsidered: "Shall CSHB 455(FIN) am pass the House?" The roll was taken with the following result: CSHB 455(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Finkelstein, Nordlund, Sitton, Willis And so, CSHB 455(FIN) am passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 455(FIN) am was referred to the Chief Clerk for engrossment. Representative Phillips moved and asked unanimous consent that the House revert to Reports of Standing Committees. There being no objection, it was so ordered, and the House reverted to: REPORTS OF STANDING COMMITTEES SB 362 The Labor & Commerce Committee has considered: 1994-05-09 House Journal Page 4240 SB 362 CS FOR SENATE BILL NO. 362(L&C) "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: HOUSE CS FOR CS FOR SENATE BILL NO. 362(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Porter, Hudson No recommendation (2): Green, Williams Amend (1): Mulder The following fiscal note applies to HCS CSSB 362(L&C): Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/5/94 CSSB 362(L&C) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 370 The Conference Committee with limited powers of free conference considering CSHB 370(FIN)(brf fld) and SCS CSHB 370(FIN) am S recommends the following be adopted: 1994-05-09 House Journal Page 4241 HB 370 CONFERENCE CS FOR HOUSE BILL NO. 370 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The report was signed by Representatives Larson, Chair, Hanley and Grussendorf and Senators Frank, Chair, Pearce and Kerttula. Senator Kerttula signed "no recommendation". The report was received at 3:00 p.m., May 9, 1994 and the Conference Committee Substitute was received at 8:05 p.m., May 9, 1994. The report is under Unfinished Business. THIRD READING OF SENATE BILLS SB 46 The following, which was advanced to third reading from the May 8, 1994, calendar (page 4200), was read the third time: HOUSE CS FOR CS SENATE BILL NO. 46(FIN) am H "An Act relating to moose farming and relating to game farming; and providing for an effective date." The question being: "Shall HCS CSSB 46(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 46(FIN) am H Third Reading Final Passage YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, G.Davis, Finkelstein, Foster, Hanley, James, Kott, Larson, Martin, Mulder, Olberg, Phillips, Sanders, Sitton, Toohey, Vezey, Williams Nays: Brown, Bunde, Carney, Davidson, Davies, B.Davis, Green, Grussendorf, Hoffman, Hudson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Parnell, Porter, Ulmer, Willis 1994-05-09 House Journal Page 4242 SB 46 Absent: Therriault Bunde changed from "Yea" to "Nay". MacLean changed from "Yea" to "Nay". And so, HCS CSSB 46(FIN) am H failed the House. Representative Vezey gave notice of reconsideration of his vote on HCS CSSB 46(FIN) am H(fld H). SB 135 The following, which was advanced to third reading from the May 8, 1994, calendar (page 4202), was read the third time: CS FOR SENATE BILL NO. 135(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right -of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." The question being: "Shall CSSB 135(FIN) pass the House?" The roll was taken with the following result: CSSB 135(FIN) Third Reading Final Passage YEAS: 25 NAYS: 14 EXCUSED: 0 ABSENT: 1 1994-05-09 House Journal Page 4243 SB 135 Yeas: Barnes, Brice, Davidson, G.Davis, Foster, Green, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Bunde, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Hanley, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer Absent: Moses And so, CSSB 135(FIN) passed the House. Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 135(FIN) Third Reading Effective Date YEAS: 30 NAYS: 8 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Davidson, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Carney, Davies, B.Davis, Menard, Navarre, Nicholia, Ulmer Absent: Finkelstein, Moses And so, the effective date clause was adopted. Representative Phillips gave notice of reconsideration of her vote on CSSB 135(FIN). 1994-05-09 House Journal Page 4244 SB 316 The following, which was advanced to third reading from the May 8, 1994, calendar (page 4201), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 316(JUD) "An Act relating to commercial fishing penalties." Representative Navarre moved and asked unanimous consent that HCS CSSB 316(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Navarre: Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 16.05.710 is amended by adding a new subsection to read: (e) The Department of Public Safety shall compile and maintain a list of persons convicted of a misdemeanor or felony violation of a commercial fishing law of this state within the preceding 10 years. The list must contain a record of all misdemeanor and felony convictions of commercial fishing laws of this state within the preceding 10 years for each person on the list. The list is a public record and is available to the public." Page 1, line 3: Delete "* Section 1." Insert "* Sec. 2." Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-05-09 House Journal Page 4245 SB 316 HCS CSSB 316(JUD) Second Reading Amendment No. 1 YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, James, Larson, Mackie, MacLean, Martin, Menard, Moses, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Hanley, Hoffman, Hudson, Kott, Mulder, Nicholia, Willis And so, Amendment No. 1 was adopted. Representatives Menard, Hanley and Bunde declared a conflict of interest. The question being: "Shall HCS CSSB 316(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 316(JUD) am H Third Reading Final Passage YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Kott, Mackie, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Carney, Davidson, Davies, Grussendorf, Hudson, James, Larson, MacLean, Navarre, Nicholia, Phillips, Sitton, Ulmer, Willis And so, HCS CSSB 316(JUD) am H passed the House. 1994-05-09 House Journal Page 4246 SB 316 Representative Phillips moved and asked unanimous consent that the House adopt the House Judiciary Committee Letter of Intent (page 4172). There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of his vote on HCS CSSB 316(JUD) am H. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated May 9, 1994, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 363 CS FOR SENATE BILL NO. 363(FIN) am by the Senate Finance Committee, entitled: "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." was read the first time and referred to the Finance Committee. UNFINISHED BUSINESS SB 362 Representative Moses, Chair of the Rules Committee, moved and asked unanimous consent that Rule 23(a) of the Uniform Rules be waived on the following: 1994-05-09 House Journal Page 4247 SB 362 CS FOR SENATE BILL NO. 362(L&C) "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." There being no objection, it was so ordered. SB 363 Representative Larson, Co-chair of the Finance Committee, moved and asked unanimous consent that Rule 23(a) of the Uniform Rules be waived on the following: CS FOR SENATE BILL NO. 363(FIN) am "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." There being no objection, it was so ordered. ANNOUNCEMENTS Rules Committee upon at ease, 5/9 SB 362 Minority Caucus upon at ease, 5/9 Finance Committee Capitol 519 upon adj of SB 363 minority caucus, 5/9 The Speaker stated the House would stand at ease until 10:15 p.m.; and so, the House stood at ease at 9:30 p.m. 1994-05-09 House Journal Page 4248 AFTER AT EASE The House was called back to order at 11:25 p.m. UNFINISHED BUSINESS HJR 43 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4168) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. with a title Change authorized by SCR 19. There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHJR 43(FIN), thus adopting SCS CSHJR 43(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 43(FIN)?" The roll was taken with the following result: SCS CSHJR 43(JUD) Concur YEAS: 24 NAYS: 13 EXCUSED: 0 ABSENT: 3 1994-05-09 House Journal Page 4249 HJR 43 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Absent: Finkelstein, Hoffman, MacLean And so, lacking the necessary 27 votes, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHJR 43(JUD). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede from its amendment. In the event the Senate fails to recede, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above resolutions: Representative Porter, Chair Representative Parnell Representative Navarre The Senate Conference Committee members are Senators Miller, Chair, Leman and Donley (page 4607 of the Senate Journal). The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 362 The Rules Committee has considered: 1994-05-09 House Journal Page 4250 SB 362 CS FOR SENATE BILL NO. 362(L&C) "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: HOUSE CS FOR CS FOR SENATE BILL NO. 362(RLS) (same title) The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (1): Moses No recommendation (3): Sanders, Hanley, Phillips The following fiscal note applies to HCS CSSB 362(RLS): Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/5/94 CSSB 362(L&C) is in the Rules Committee for placement on the calendar. SB 363 The Finance Committee has considered: CS FOR SENATE BILL NO. 363(FIN) am "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." and recommends it be replaced with: 1994-05-09 House Journal Page 4251 SB 363 HOUSE CS FOR CS FOR SENATE BILL NO. 363(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): MacLean, Larson, Parnell, Grussendorf, Hoffman No recommendation (4): Martin, Therriault, Brown, Navarre CSSB 363(FIN) am was referred to the Rules Committee for placement on the calendar. SECOND READING OF SENATE RESOLUTIONS SCR 19 Representative Phillips moved and asked unanimous consent that the following resolution be returned to the Rules Committee: SENATE CONCURRENT RESOLUTION NO. 19 am 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. There being no objection, it was so ordered. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the following citations on the calendar: Honoring - Legislative Lounge Chefs, Patti Lewis and Jerry Adams By Representatives Moses, Brice, Brown, Bunde, Davidson, Davies, B.Davis, Finkelstein, Foster, Green, Hanley, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey, Williams, Willis 1994-05-09 House Journal Page 4252 Honoring - Ken Ritchey By Representatives Menard, Carney, Larson, B.Davis, Foster, James, Mackie, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Jim Partridge, Director of Community Services, Immaculate Conception Church, Distinguished Alaskan By Representatives Sitton, Davidson, Davies, B.Davis, James, Mackie, MacLean, Martin, Menard Navarre, Nicholia, Toohey, Ulmer, Vezey, Willis Honoring - Velma Wallis By Representatives Nicholia, Nordlund, Davidson, B.Davis, Finkelstein, James, Mackie, MacLean, Menard, Navarre, Toohey, Ulmer, Willis; Senator Lincoln Honoring - Michele Bifelt By Representatives Nicholia, B.Davis, James, Mackie, Menard, Navarre, Toohey, Ulmer, Willis; Senator Lincoln Commending - The Government of Singapore By Senator Taylor; Representatives James, Porter, Sanders, Toohey, Vezey Honoring - Alyson Stogsdill By Senators Little, Salo; Representatives Navarre, G.Davis, Phillips, B.Davis, James, Mackie, Menard, Nicholia, Toohey, Ulmer, Willis Honoring - Future Problem Solving Program, 1994 State Competition Champions By Senator Salo; Representatives Brice, Brown, Davidson, James, Mackie, Navarre, Nicholia, Phillips, Toohey, Willis Representative Davidson objected. Representative Brown moved and asked unanimous consent that the question be divided. There being no objection, it was so ordered. 1994-05-09 House Journal Page 4253 Representative Phillips moved and asked unanimous consent that all the citations on the calendar, except the following, be approved: Honoring - The Government of Singapore There being no objection, it was so ordered and the citations were sent to enrolling. Representative Phillips moved and asked unanimous consent that the citation Honoring - The Government of Singapore be returned to the Rules Committee. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: Honoring - Colonel George Vakalis Upon His Retirement By Representatives Mulder, Willis, Brice, Foster, Green, Martin, Menard Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. Representative Phillips moved and asked unanimous consent that the House consider the Supplemental Calendar at this time. There being no objection, it was so ordered. CONSIDERATION OF THE SUPPLEMENTAL CALENDAR SECOND READING OF HOUSE BILLS SB 370 The following was read the second time: 1994-05-09 House Journal Page 4254 SB 370 HOUSE CS FOR CS FOR SENATE BILL NO. 370(JUD) "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." with the: Journal Page JUD RPT HCS(JUD) 3DP 3NR 4025 LETTER OF INTENT WITH JUD REPORT 4026 -PREVIOUS SENATE FISCAL NOTE (REV) 5/2 4026 FIN RPT HCS(FIN) 5DP 1DNP 4066 -PREVIOUS SENATE FISCAL NOTE (REV) 5/2 4066 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. 370(JUD) (same title) Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 370(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 370(JUD) was read the third time. The question being: "Shall HCS CSSB 370(JUD) pass the House?" The roll was taken with the following result: 1994-05-09 House Journal Page 4255 SB 370 HCS CSSB 370(JUD) Third Reading Final Passage YEAS: 25 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Sanders, Toohey, Ulmer, Williams Nays: Barnes, Davidson, B.Davis, Green, Hanley, James, Martin, Menard, Nordlund, Olberg, Parnell, Therriault, Vezey, Willis Absent: Sitton And so, HCS CSSB 370(JUD) passed the House. Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: HCS CSSB 370(JUD) Third Reading Effective Dates YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams 1994-05-09 House Journal Page 4256 SB 370 Nays: Martin, Menard, Olberg, Willis Absent: Sitton And so, the effective date clauses were adopted. Representative Porter moved and asked unanimous consent that the House adopt the House Judiciary Committee Letter of Intent (page 4026). Objection was heard and withdrawn. There being no further objection, the House Judiciary Committee Letter of Intent was adopted. Representative Porter moved and asked unanimous consent that the House adopt the following letter of intent, signed by Representative Moses: "As originally introduced, SB 370 related only to offshore casino gambling on cruise ships. During hearings on the bill, the Senate Judiciary Committee was advised of a practice conducted by a few cruise lines of promoting to its passengers particular shoreside businesses in Southeast Alaska ports in exchange for a fee paid by the business to be promoted. In an effort to put a stop to this practice in Alaska, and with the full support of those cruise lines advocating the passage of SB 370, the Senate Judiciary Committee adopted a provision in the bill to make it an unlawful trade practice under AS 45.50.474 to conduct such onboard promotions unless the cruise operator fully disclosed to its passengers that the business being promoted, mentioned or featured had paid a fee for that purpose. The Senate passed the bill with this provision included in it. When SB 370 was heard by the House Finance Committee, that Committee went even further and banned outright the practice of cruise ship promotion of named shoreside businesses in exchange for fees. The Legal Services Division of the Legislative Affairs Agency has advised that the outright ban of this practice raises serious constitutional issues. The Legislature prefers an outright ban as a matter of public policy. However, rather than risk a successful constitutional challenge and being left with no regulation of cruise ship 1994-05-09 House Journal Page 4257 SB 370 promotions on the books, the Legislature believes that the approach adopted by the Senate Judiciary Committee is preferable to adopting a provision that is vulnerable to constitutional attack. The Legislature does, however, wish to express its strong condemnation of this practice and its hope that cruise lines visiting Alaska ports will, as a matter of good public policy, not engage in the practice at all." Objection was heard and withdrawn. There being no further objection, the letter of intent was adopted. Representative Porter later gave notice of reconsideration of his vote on HCS CSSB 370(JUD) and the reconsideration was taken up then. The Speaker stated that without objection, the House would revert to: MESSAGES FROM THE SENATE HJR 43 A message dated May 9, 1994, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. namely: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Miller, Chair Senator Leman Senator Donley 1994-05-09 House Journal Page 4258 HJR 43 The House members of the Conference Committee are Representatives Porter, Chair, Parnell and Navarre (page 4249). UNFINISHED BUSINESS HJR 43 Representative Porter, Chair of the Judiciary Committee, moved and asked unanimous consent that Rule 23(a) of the Uniform Rules be waived for the Conference Committee considering CSHJR 43(FIN) and SCS CSHJR 43(JUD). There being no objection, Rule 23(a) was waived. CONSIDERATION OF THE SUPPLEMENTAL CALENDAR SECOND READING OF SENATE BILLS (continued) SB 319 The following was read the second time: SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." with the: Journal Page JUD REFERRAL WAIVED 4209 Representative Phillips moved and asked unanimous consent that SB 319 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-05-09 House Journal Page 4259 SB 319 SB 319 was read the third time. The question being: "Shall SB 319 pass the House?" The roll was taken with the following result: SB 319 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, SB 319 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 221 The following, which was read the second time (page 4035), Amendment No. 1 offered and moved (page 4037) and returned to the Rules Committee (page 4037) was before the House: 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." 1994-05-09 House Journal Page 4260 SB 221 Representative Phillips moved and asked unanimous consent that SB 221 be returned to the Rules Committee. There being no objection, it was so ordered. SB 217 The following was read the second time: CS FOR SENATE BILL NO. 217(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) 3DP 3NR 4218 -PREVIOUS SENATE FISCAL NOTE (DNR) 3/16 4219 -2 PREVIOUS SENATE Fiscal notes (UA, F&G) 3/10/94 4219 -PREVIOUS SENATE ZERO FN (REV) 3/10/94 4219 FIN REFERRAL WAIVED 4234 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. 217(CRA) (same title) There being no objection, it was so ordered. 1994-05-09 House Journal Page 4261 SB 217 Amendment No. 1 was offered by Representative Finkelstein: Page 10, after line 15, insert a new subsection to read: "(c) The public shall have access to lands conveyed under this section for subsistence, recreation, hunting, and fishing activities." Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Sitton objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 217(CRA) Second Reading Amendment No. 1 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Bunde, Davidson, Finkelstein, Grussendorf, Hoffman, MacLean, Martin, Menard, Moses, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Carney, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. 1994-05-09 House Journal Page 4262 SB 217 Amendment No. 2 was offered by Representative Finkelstein. Page 2, line 17: Delete "a significant and substantial portfolio of income producing" Insert "the surface estate of state" Page 4, line 10, after "the conveyance of" Insert "the surface estate to" Page 4, line 31: Delete "Notwithstanding AS 38.05.125(a)," Insert "AS 38.05.125(a) applies to" Page 5, after "this" on line 2, through line 7: Delete all material. Insert "section." Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brice objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 217(CRA) Second Reading Amendment No. 2 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 1994-05-09 House Journal Page 4263 SB 217 Yeas: Brown, Finkelstein, Grussendorf, Hoffman, Larson, MacLean, Moses, Navarre, Nicholia, Nordlund, Willis Nays: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, Martin, Menard, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Navarre: Page 4, line 10: Delete "500,000" Insert "250,000" Representative Navarre 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: HCS CSSB 217(CRA) Second Reading Amendment No. 3 YEAS: 22 NAYS: 17 EXCUSED: 0 ABSENT: 1 Yeas: Brown, Davidson, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter, Ulmer 1994-05-09 House Journal Page 4264 SB 217 Nays: Barnes, Brice, Bunde, Carney, Davies, B.Davis, Hudson, James, Olberg, Phillips, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Absent: Moses And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 1, line 7 - page 13, line 28: Delete all material and insert: "* Section 1. AS14.40 is amended by adding a new section to read: Sec. 14.40.365. UNIVERSITY LAND FROM STATEHOOD ACT LAND SELECTION CONVEYANCES. (a) The University of Alaska may select and obtain an equitable interest in and is entitled to receive the income derived from the management of 250,000 acres of land conveyed to the state under Sec. 6(b) of the Alaska Statehood Act (P.L. 85-508, 72 Stat. 339) that, on the date of its selection by the university, (1) has not been conveyed by the state; (2) has not been reserved by law from the public domain; (3) is not land (A) included in a five-year proposed oil and gas leasing program under AS38.05.180(b); or (B) leased under, or for which a lease application is pending under, AS38.05.180(d); (4) is not subject to a possessory interest or encumbrance other than (A) a lease that is not an oil or gas lease; (B) a timber contract; (C) a mining claim; (D) a sale of materials under AS38.05.110- 38.05.120; 1994-05-09 House Journal Page 4265 SB 217 (E) a land use permit or right-of-way issued by the Department of Natural Resources under AS38.05; (5) is not necessary to carry out the purpose of an interagency land management agreement; or (6) is not subject to conveyance under a land exchange or land settlement agreement. (b) Notwithstanding AS38.05.125(a), the transfer of the equitable interest in land from the Department of Natural Resources to the Board of Regents of the University of Alaska under this section includes (1) the interest of the state in the coal, ores, minerals, fissionable materials, geothermal resources, and fossils that may be in or on the land; and (2) the interest of the state in the oil and gas that may be in or on the land, but only as to land that is selected by the University of Alaska under this section on and after the date that is the fifth anniversary of the effective date of this section. (c) When the University of Alaska selects an equitable interest in the land to which it is entitled under this section, unless the commissioner of natural resources determines under (e) of this section that the equitable interest in the land should not be conveyed, the commissioner of natural resources shall impose on the land selected an equitable interest in the land. (d) When a selection has been made by the University of Alaska under (c) of this section, the land selected is closed to entry until a conveyance of the equitable interest is made or the selection has been rejected by the commissioner of natural resources. (e) The commissioner of natural resources may not convey the equitable interest to any land selection made by the University of Alaska under this section if the commissioner determines that the proposed selection (1) includes land for which, at the time of its selection under this section, (A) a municipality has made a selection under AS29.65, unless the land selection is, at a later date, rejected by the commissioner of natural resources or relinquished by the municipality; or (B) the commissioner reasonably believes may be selected by a municipality under AS29.65.030, but the 1994-05-09 House Journal Page 4266 SB 217 commissioner may not withhold under this subparagraph the conveyance of title to land selected by the University of Alaska for more than three years after the date of the municipality's incorporation; (2) is not in the best interests of the state; in making a determination under this paragraph as to whether a selection by the University of Alaska is in the best interests of the state, the commissioner shall consider (A) the interest of the general public in retention of the equitable interest in the land in state ownership, including the interest in maintaining and protecting customary and traditional uses of the resources of the land; (B) ensuring an appropriate diversity in the character of interests in land held by the state and by the University of Alaska; (C) the public benefits achieved by conveyance of the equitable interest in the land to the University of Alaska; (D) the probable potential for the development of the land and its resources and the probable income to the University of Alaska from the conveyance of the equitable interest in the land; (E) benefits to the University of Alaska from the conveyance of the equitable interest in the land to it; and (F) the efficiency of the management of the land resulting from the conveyance of the equitable interest in the land. (f) If the Board of Regents of the University of Alaska disagrees with a decision of the commissioner of natural resources not to convey the equitable interest to the University of Alaska land selected by it under this section, the Board of Regents and the commissioner of natural resources shall submit the matter to the governor, who shall make the decision. The decision of the governor is final. (g) The Department of Natural Resources shall manage the land to which equitable interest has been conveyed to the University of Alaska under this section. When the Department of Natural Resources manages the land for which equitable interest has been conveyed to the University of Alaska, the department shall 1994-05-09 House Journal Page 4267 SB 217 (1) consult with the Board of Regents before adopting or amending regulations relating to the land's management; (2) provide notice to, and consult with, the Board of Regents regarding all proposed actions subject to public notice under AS38.05.945 before giving that public notice; (3) annually provide the Board of Regents with a report including (A) a description of all land management activities undertaken under this section during the prior year; and (B) an accounting of all income and proceeds generated from the land; (4) obtain the approval of the Board of Regents before exchanging or disposing of the land. (h) When the equitable interest is conveyed to the University of Alaska under this section, the University of Alaska takes the equitable interest in the land subject to any possessory interest held by another person on the effective date of the conveyance. Except as provided in AS14.40.368(1), the Department of Natural Resources shall manage the land selected by the University of Alaska under this section, but the University of Alaska is entitled to receive the consideration due under that interest for the duration of the interest. (i) In conveying the equitable interest to the University of Alaska under this section, the commissioner of natural resources shall give public notice under AS38.05.945(b) and (c) and provide for access under AS38.05.127, but other provisions of AS38.04 and AS38.05 do not apply. (j) The equitable interest in the land that is transferred or conveyed to the University of Alaska under this section (1) is subject to (A) section 6(i) of the Alaska Statehood Act (P.L. 85-508, 72 Stat. 339); (B) art. IX of the state constitution; (C) AS19.10.010; and (D) the rights of the state under former 43 U.S.C. 932 (sec. 8, Act of July26, 1866, 14 Stat. 253); (2) excludes any interest transferred to the state by quit claim deed dated June30, 1959, under authority of the Alaska Omnibus Act, P.L. 86-70, 73 Stat. 141; 1994-05-09 House Journal Page 4268 SB 217 (3) based on a land selection filed by the University of Alaska on or after the effective date of this section and until the day before the day that is the fifth anniversary of the effective date of this section is subject to reservation by the state in perpetuity of all oil and gas that may be in or on the land, together with the right to explore the land for oil and gas and to remove from the land all oil and gas located in and on it. (k) The University of Alaska shall bear all costs of selection, platting, surveying, and conveyance of equitable interest in the land that it selects under this section and, subject to appropriation, shall reimburse the Department of Natural Resources for the reasonable costs incurred by that department relating to that selection, platting, surveying, and conveyance. As to an equitable interest in land due the University of Alaska under (c) of this section because it has not been disapproved under (e) of this section, (1) if the land has been surveyed, the boundaries of the land must conform to the public land subdivisions established by the approved survey; (2) if the land is unsurveyed, the commissioner shall survey the exterior boundaries of the land without interior subdivision, and shall use the exterior boundary survey in conveying the equitable interest. (l) For equitable interests in land due the University of Alaska under (c) of this section that is unsurveyed, pending the survey of exterior boundaries and issuance of conveyance, the commissioner of natural resources shall prepare and provide to the University of Alaska a document of interim conveyance for the interest in the land that is to be conveyed. (m) The University of Alaska may not make a selection of an equitable interest in land under this section after December31, 2009. (n) The state retains legal title to land for which equitable interest is conveyed to the University of Alaska under this section. * Sec. 2. AS14.40.365(e) is repealed and reenacted to read: (e) The commissioner of natural resources may not convey the equitable interest to any land selection made by the University of Alaska under this section if the commissioner determines that the proposed selection 1994-05-09 House Journal Page 4269 SB 217 (1) includes land for which, at the time of its selection under this section, (A) a municipality has made a selection under AS29.65, unless the land selection is, at a later date, rejected by the commissioner of natural resources or relinquished by the municipality; or (B) the commissioner reasonably believes the land may be selected by a municipality under AS29.65.030, but the commissioner may not withhold under this subparagraph the conveyance of title to land selected by the university longer than three years after the date of the municipality's incorporation; (2) includes land that, at the time of its selection under this section, (A) is subject to an oil and gas exploration license; or (B) the commissioner reasonably believes will be made part of, an oil and gas exploration license issued under AS38.05.131 - 38.05.134; the commissioner may not refuse to convey title to land to the University of Alaska under this subparagraph for more than three years after its first selection by the University of Alaska; (3) is not in the best interests of the state; in making a determination under this paragraph as to whether a selection by the University of Alaska is in the best interests of the state, the commissioner shall consider (A) the interest of the general public in retention of the equitable interest in the land in state ownership; (B) ensuring an appropriate diversity in the character of interests in land held by the state and by the University of Alaska; (C) the public benefits achieved by conveyance of the equitable interest in the land to the University of Alaska; (D) the probable potential for the development of the land and its resources and the probable income to the University of Alaska from the conveyance of the equitable interest in the land; (E) benefits to the University of Alaska from the conveyance of the equitable interest in the land to it; and 1994-05-09 House Journal Page 4270 SB 217 (F) the efficiency of the management of the land resulting from the conveyance of the equitable interest in the land. * Sec. 3. AS14.40 is amended by adding new sections to read: Sec. 14.40.368. MANAGEMENT AND DISPOSITION OF INCOME FROM EXISTING ENCUMBRANCES. For the land selected by, and for which an equitable interest is conveyed to, the University of Alaska under AS14.40.365 that is subject to a lease, contract, claim, sale, permit, or right-of-way identified in AS14.40.365(a)(4) (1) the state is entitled to receive the income obtained from the lease, contract, claim, sale, permit, or right-of-way for the duration of the term of the lease, contract, claim, sale, permit, or right-of-way, and during any renewal of it that is authorized by the lease, contract, claim, sale, permit, or right-of-way, or by law; (2) the responsibility for the management of the land by the Department of Natural Resources for the benefit of the University of Alaska commences upon conclusion of the term of the lease, contract, claim, sale, permit, or right-of-way, and any renewal authorized by the lease, contract, claim, sale, permit, or right-of-way, by law. Sec. 14.40.369. CUSTOMARY AND TRADITIONAL USES TO BE CONTINUED. When the state has conveyed the equitable interest in the land selected by the University of Alaska under AS 14.40.365 the land shall be managed in a manner that permits customary and traditional uses of the resources of that land to the maximum extent practicable. * Sec. 4. AS14.40.400(a) is amended to read: (a) The Department of Revenue shall establish a separate endowment trust fund in which all net income derived from the sale or lease of the land granted under the Act of Congress approved January21, 1929, and the land selected by, and to which the equitable title is conveyed to, the University of Alaska under AS14.40.365, and in which all monetary gifts, bequests, or endowments made to the University of Alaska for the purpose of the fund, shall be held in trust. * Sec. 5. AS14.40.400(e) is amended to read: (e) Subject to legislative appropriation, the [THE] Department of Administration shall disburse the net income from the trust fund upon vouchers approved by the president and 1994-05-09 House Journal Page 4271 SB 217 treasurer of the University of Alaska specifying the purpose for which the money is to be used and showing it is to be used in conformity with this section. * Sec. 6. AS14.40.491 is amended to read: Sec. 14.40.491. DEFINITION OF UNIVERSITY RECEIPTS. In AS14.40.120 - 14.40.491, "university receipts" includes (1) student fees, including tuition; (2) receipts from university auxiliary services; (3) recovery of indirect costs of university activities; (4) the net income of the trust fund established in AS14.40.400 and receipts from sales and rentals of university property; (5) federal receipts; (6) gifts, grants, and contracts; and (7) receipts from sales, rentals, and the provision of services of educational activities. * Sec. 7. AS29.45.030(a) is amended to read: (a) The following property is exempt from general taxation: (1) municipal property, including property held by a public corporation of a municipality, or state property, except that (A) a private leasehold, contract, or other interest in the property is taxable to the extent of the interest; (B) notwithstanding any other provision of law, property acquired by an agency, corporation, or other entity of the state through foreclosure or deed in lieu of foreclosure and retained as an investment of a state entity is taxable; this subparagraph does not apply to federal land granted to the University of Alaska under AS14.40.380 or 14.40.390, or to other land granted to the university by the state to replace land that had been granted under AS14.40.380 or 14.40.390, or to the equitable interest in the land conveyed by the state to the University of Alaska under AS14.40.365; (C) an ownership interest of a municipality in real property located outside the municipality acquired after December 31, 1990, is taxable by another municipality; however, a borough may not tax an interest in real property located in the borough and owned by a city in that borough; (2) household furniture and personal effects of members of a household; 1994-05-09 House Journal Page 4272 SB 217 (3) property used exclusively for nonprofit religious, charitable, cemetery, hospital, or educational purposes; (4) property of a nonbusiness organization composed entirely of persons with 90 days or more of active service in the armed forces of the United States whose conditions of service and separation were other than dishonorable, or the property of an auxiliary of that organization; (5) money on deposit; (6) the real property of certain residents of the state to the extent and subject to the conditions provided in (e) of this section; (7) real property or an interest in real property that is exempt from taxation under 43 U.S.C. 1620(d), as amended; (8) property of a political subdivision, agency, corporation, or other entity of the United States to the extent required by federal law; except that a private leasehold, contract, or other interest in the property is taxable to the extent of that interest; (9) natural resources in place including coal, ore bodies, mineral deposits, and other proven and unproven deposits of valuable materials laid down by natural processes, unharvested aquatic plants and animals, and timber. * Sec. 8. APPLICABILITY OF UNIVERSITY SELECTION RIGHTS UNDER AS14.40.365 TO LAND. In addition to the land in which, under AS14.40.365(e), the commissioner of natural resources may not convey an equitable interest to the University of Alaska, the commissioner of natural resources may not convey equitable interest in land that, at the time of its selection by the university, (1) is subject to designation for conveyance or conveyance to the Alaska Mental Health Trust Authority under sec. 54, ch. 66, SLA 1991; (2) is land that the commissioner of natural resources reasonably believes should be designated for conveyance or conveyed to the Alaska Mental Health Trust Authority under sec. 55, ch. 66, SLA 1991, as compensation to that trust for original mental health trust land not available for return to the corpus of the trust; or (3) is land described in sec. 56, ch. 66, SLA 1991, as listed in "Lands Hypothecated to the Mental Health Trust, May 1991" located in the office of the director of the division of lands, 1994-05-09 House Journal Page 4273 SB 217 Department of Natural Resources, in Anchorage, Alaska, that has been hypothecated to secure reconstitution of the mental health trust; however, as the reconstitution of the mental health trust is accomplished and the hypothecated land is released on a pro rata basis, the University of Alaska may select the land and the commissioner may convey an equitable interest in it. * Sec. 9. LEGISLATIVE INTENT. It is the intent of the legislature that, if sec.8 of this Act has not taken effect on or before the effective date of secs.1 and 3 - 7 of this Act, the commissioner of natural resources reject, as inconsistent with the best interests of the state, selections of land by the University of Alaska under AS14.40.365, added by sec. 1 of this Act, of land described in sec.8 of this Act. * Sec. 10. Section 2 of this Act takes effect on the effective date of a version of House Bill 199 or Senate Bill 150 of the Eighteenth Alaska State Legislature authorizing oil and gas exploration licensing on state land that is passed by the Eighteenth Alaska State Legislature. * Sec. 11. Section 8 of this Act takes effect on the effective date of ch. 66, SLA 1991." Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 217(CRA) am H Second Reading Amendment No. 4 YEAS: 7 NAYS: 33 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Finkelstein, Grussendorf, Hoffman, Navarre, Nicholia 1994-05-09 House Journal Page 4274 SB 217 Nays: Barnes, Brice, Bunde, Davidson, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Navarre changed from "Nay" to "Yea". Nicholia changed from "Nay" to "Yea". Barnes changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 217(CRA) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected. The Speaker stated that HCS CSSB 217(CRA) am H will be in third reading on the next legislative day's calendar. Representative Navarre objected. The Speaker ruled that HCS CSSB 217(CRA) am H will be in third reading on the next legislative day's calendar. Representative Navarre appealed the ruling of the Chair and withdrew the appeal. UNFINISHED BUSINESS HB 367 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4217) on the following at this time: 1994-05-09 House Journal Page 4275 HB 367 CS FOR HOUSE BILL NO. 367(JUD) am "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." and CS FOR HOUSE BILL NO. 367(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 367(JUD) am, thus adopting CSHB 367(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 367(JUD) am?" The roll was taken with the following result: CSHB 367(JUD) am S Concur YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams, Willis Nays: Brown, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Navarre, Therriault, Ulmer Absent: Carney Navarre changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting CSHB 367(JUD) am S. 1994-05-09 House Journal Page 4276 HB 367 The Chief Clerk was instructed to so notify the Senate. CSHB 367(JUD) am S was referred to the Chief Clerk for enrollment. HB 183 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4216) on the following at this time: CS FOR HOUSE BILL NO. 183(FIN) am "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA)(efd fld S) "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 183(FIN) am, thus adopting SCS CSHB 183(TRA)(efd fld S), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 183(FIN) am?" The roll was taken with the following result: SCS CSHB 183(TRA) (efd fld S) Concur YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 1994-05-09 House Journal Page 4277 HB 183 Yeas: Barnes, Brice, Davidson, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Bunde, Carney, Davies, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 183(TRA)(efd fld S). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 183(TRA)(efd fld S) was referred to the Chief Clerk for enrollment. HB 407 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 4175), at this time: HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates." and SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." 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 HB 407. 1994-05-09 House Journal Page 4278 HB 407 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 HB 407 Adopt Report 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 adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates; 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. Representative Phillips moved and asked unanimous consent that the House adopt the Conference Committee Letter of Intent (page 4176). 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 4469 of the Senate Journal). CCS HB 407 was referred to the Chief Clerk for engrossment and enrollment. 1994-05-09 House Journal Page 4279 SB 248 Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee report on the following, which is under Unfinished Business (page 4177), at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." and CS FOR SENATE BILL NO. 248(RLS) am (same title) There being no objection, it was so ordered. Representative Phillips moved that the House adopt the Conference Committee report, thus adopting CCS SB 248(2d) and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SB 248(2d) Adopt Report YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 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, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Sitton Absent: Moses And so, the House adopted the Conference Committee report, thus adopting: 1994-05-09 House Journal Page 4280 SB 248 CONFERENCE CS FOR SENATE BILL NO. 248 2d "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date 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 report (page 4495 of the Senate Journal). HB 2 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 4216) on the following at this time: CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." and CS FOR HOUSE BILL NO. 2(RLS) 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 2(RLS), thus adopting CSHB 2(RLS) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 2(RLS)?" The roll was taken with the following result: 1994-05-09 House Journal Page 4281 HB 2 CSHB 2(RLS) am S Concur YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Hoffman, Sitton And so, the House concurred in the Senate amendment, thus adopting CSHB 2(RLS)am S. Representative Phillips moved and asked unanimous consent that the House adopt the Senate Letter of Intent (page 4484 of the Senate Journal). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. CSHB 2(RLS) am S was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SB 213 The Speaker waived the State Affairs Committee referral on the following at the request of Representative Vezey, Chair: CS FOR SENATE BILL NO. 213(FIN) am(efd fld) "An Act extending the Alaska Public Utilities Commission; relating to regulation of public utilities and to regulatory cost charges." CSSB 213(FIN) am(efd fld) was removed from the State Affairs Committee and referred to the Finance Committee. 1994-05-09 House Journal Page 4282 RECONSIDERATION SB 370 Representative Porter gave notice of reconsideration of his vote on HCS CSSB 370(JUD) (page 4255). Representative Porter moved and asked unanimous consent that the reconsideration of HCS CSSB 370(JUD) be taken up on the same day. There being no objection, it was so ordered. The question to be reconsidered: "Shall HCS CSSB 370(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 370(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams Nays: Barnes, B.Davis, Green, Hanley, James, Martin, Menard, Nordlund, Olberg, Parnell, Therriault, Vezey, Willis And so, HCS CSSB 370(JUD) passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. HCS CSSB 370(JUD) was referred to the Chief Clerk for engrossment. 1994-05-09 House Journal Page 4283 UNFINISHED BUSINESS HJR 23 Representative Davidson moved and asked unanimous consent that the following bill be discharged from the State Affairs Committee: HOUSE JOINT RESOLUTION NO. 23 Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment." Objection was heard. The question being: "Shall HJR 23 be discharged from the State Affairs Committee?" Representative Hoffman refused to vote. The Speaker instructed the Sergeant to escort Representative Hoffman from the Chamber and so Representative Hoffman was escorted from the Chamber. Representative Finkelstein placed a call of the House. The Speaker ruled the call of the House out of order stating it was dilatory. The question being: "Shall HJR 23 be discharged from the State Affairs Committee?" Representative Davidson refused to vote. The Speaker instructed the Sergeant to escort Representative Davidson from the Chamber and so Representative Davidson was escorted from the Chamber. The question being: "Shall HJR 23 be discharged from the State Affairs Committee?" The roll was taken with the following result: 1994-05-09 House Journal Page 4284 HJR 23 HJR 23 Discharge from Committee YEAS: 14 NAYS: 24 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Davidson, Hoffman And so, the motion failed. HJR 4 Representative Finkelstein moved and asked unanimous consent that the following bill be discharged from the State Affairs Committee: HOUSE JOINT RESOLUTION NO. 4 Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. The Speaker ruled the motion dilatory and out of order. SB 310 The following, which was held in second reading on today's calendar (page 4207) and moved to the bottom of the Supplemental Calendar (page 4235), was returned to the Rules Committee: CS FOR SENATE BILL NO. 310(RES) "An Act relating to the management and sale of state timber and relating to the administration of forest land." HB 221 Representative Mackie added his name as cosponsor to: 1994-05-09 House Journal Page 4285 HB 221 HOUSE BILL NO. 221 "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date." SB 70 Representative Mackie 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 319 Representatives Nordlund, Hoffman and Brown added their names as cross-sponsors to: SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." ENGROSSMENT HB 441 CSHB 441(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 455 CSHB 455(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 357 HCS CSSB 357(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-05-09 House Journal Page 4286 SB 370 HCS CSSB 370(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS Judiciary Committee Cap. 205 9:00 a.m., 5/10 HJR 43 Finance Committee Cap. 519 10:00 a.m., 5/10 Meeting (RESCHEDULED FROM 8:30 a.m., 5/9) ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 10, 1994. There being no objection, the House adjourned at 2:08 a.m., May 10, 1994. Suzi Lowell Chief Clerk