Legislature(1995 - 1996)

1995-01-18 House Journal

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1995-01-18                     House Journal                      Page 0065
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                     Wednesday          January 18, 1995         
                                                                               
                                                                               
                                  Third Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:07 a.m.                                                         
                                                                               
Roll call showed 37 members present.  Representatives Nicholia and             
B.Davis had been previously excused from a call of the House today.            
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House as noted:                 
                                                                               
Representative Moses - from 9:00 a.m., January 18 to 7:00 p.m., plane          
time, January 23, 1995.                                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
The invocation was offered by the Chaplain, Reverend A. Gordon                 
Johnson of the Resurrection Lutheran Church.  Representative Vezey             
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Lord God of heaven and earth You have wonderfully created                    
us and given us dominion over this vast beautiful land.                        
                                                                               
We thank You for all Your blessings and ask for Your                          
guidance in our stewardship of time, talents and all resources:                
our people, the animals of our domain, our air, water and                      
minerals.                                                                      
                                                                               
We thank You for a new day, for life and breath and daily                     
bread, and our precious loved ones.                                            
                                                                               
                                       1                                       

1995-01-18                     House Journal                      Page 0066
We dedicate ourselves to serving You, our state, and all our                  
people to the best of our abilities.                                           
                                                                               
Help us, O Lord, with Your presence and Your guiding spirit.                  
                                                                               
Amen!"                                                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Robinson.                   
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the second legislative day and Senate and House Joint              
Journal Supplement No. 1 be approved as certified by the Chief Clerk.          
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
The Speaker stated the House would stand at ease for the House                 
Committee on Committees meeting, and so, the House stood at ease at            
10:13 a.m.                                                                     
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The Speaker called the House back to order at 10:25 a.m.                       
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 17, 1995, was read stating the Senate accepts          
the House invitation to meet in Joint Session at 11:00 a.m., February          
21 to hear an address by the Honorable Frank Murkowski, United                 
States Senator.                                                                
                                                                               
                                                                               
A message dated January 17, 1995, was read stating the Senate has              
confirmed Margie Mac Neille and Ed Granger as public members and               
Senator Pearce and Senator Duncan as Senate Members to the Select              
Committee on Legislative Ethics.                                               
                                                                               

1995-01-18                     House Journal                      Page 0067
                                COMMUNICATIONS                               
                                                                               
A letter was received January 16, 1995, from Joseph P. Donahue,                
Chair of the Select Committee on Legislative Ethics.  It stated that the       
Open Meetings law AS 44.62, as amended in 1994, requires the Select            
Committee on Legislative Ethics to submit proposed guidelines on the           
Open Meetings Principles to the Legislature by January 16, 1995.  The          
Legislature shall vote on a concurrent resolution approving the                
guidelines by the 45th day of the legislative session and if the               
guidelines are voted on but not approved, the committee shall submit           
new proposed guidelines within 60 days after the vote on the                   
resolution.  A copy of the letter is on file in the Chief Clerk's office.      
                                                                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Division of Legislative Audit                                                  
Legislative Budget and Audit Committee                                         
                                                                               
	State of Alaska                                                               
	Single Audit                                                                  
	For the Fiscal year Ended June 30, 1993                                       
                                                                               
	Dept. of Fish & Game                                                          
	Division of Commercial Fisheries Management and Development                   
	Issuance of an Exploratory Scallop Dredge Permit                              
	April 15, 1994                                                                
                                                                               
	Dept. of Revenue                                                              
	Alaska Science and Technology Foundation                                      
	April 15, 1994                                                                
	(as required by Title 24 of the Alaska Statutes)                              
	                                                                              
	Dept. of Community & Regional Affairs                                         
	Dissolution of the Alaska Energy Authority                                    
		and Transfer of Programs                                                     
	May 27, 1994                                                                  
	(as required by Title 24 of the Alaska Statutes)                              
                                                                               
                                                                               
The following report was distributed to each member:                           
                                                                               

1995-01-18                     House Journal                      Page 0068
Alaska Commercial Fishing and Agriculture Bank                                 
1994 Annual Report                                                             
(as required by AS 44.81.200)                                                  
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
The following report of the Committee on Committees, dated January             
18, 1995, making changes to committee assignments adopted January              
16 (page 9) was received:                                                      
                                                                               
Rules:  Add Representative MacLean; remove Representative Kubina.              
                                                                               
Transportation:  Add Representative MacLean; remove Representative             
Mackie.                                                                        
                                                                               
Community & Regional Affairs:  Add Representative Mackie; remove               
Representative MacLean.                                                        
                                                                               
The report was signed by Representative Phillips, Chair, and                   
Representatives Vezey, Hanley, Foster, Kubina and Mackie.                      
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House Committee on Committees report, as amended, be adopted.                  
There being no objection, it was so ordered.                                   
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Elaine Griffin, Alaska Teacher of the Year                          
By Senator Zharoff; Representative Austerman                                   
                                                                               
In Memoriam - Nina Olsen                                                       
By Senator Zharoff; Representative Austerman                                   
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 4                                                                      
HOUSE CONCURRENT RESOLUTION NO. 4 by Representative                            
Vezey:                                                                         

1995-01-18                     House Journal                      Page 0069
HCR 4                                                                        
Relating to adoption of the Uniform Rules of the Alaska State                 
Legislature, amending those rules; and providing for an effective              
date.                                                                          
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 92                                                                        
HOUSE BILL NO. 92 by the House Health, Education & Social                      
Services Committee, entitled:                                                  
                                                                               
"An Act extending the termination date of the Citizens' Review                
Panel for Permanency Planning; and providing for an effective                  
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
HB 93                                                                        
HOUSE BILL NO. 93 by Representative James, entitled:                           
                                                                               
"An Act relating to the duty-free mealtime for teachers in certain            
school facilities."                                                            
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
HB 94                                                                        
HOUSE BILL NO. 94 by Representative James, entitled:                           
                                                                               
"An Act relating to the management of public schools by a private             
agency."                                                                       
                                                                               

1995-01-18                     House Journal                      Page 0070
HB 94                                                                        
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
HB 95                                                                        
HOUSE BILL NO. 95 by Representative Brown, entitled:                           
                                                                               
"An Act relating to preferential utility rates for public                     
institutional telecommunications users; and providing for an                   
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce,                  
Judiciary and Finance Committees.                                              
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
                                                                               
Honoring - Jim Atkisson                                                        
By Representatives Brice, Bunde, Davies, Hanley, Ivan, James, Kott,            
Sanders, Vezey, Willis                                                         
                                                                               
In Memoriam - C.E. "Swack" Swackhammer                                         
By Representatives Navarre, Phillips, Grussendorf, Hanley, MacLean,            
Toohey, Porter, Barnes, G.Davis, Parnell, Finkelstein, Mackie,                 
Austerman, Brice, Brown, Bunde, Davies, Elton, Foster, Green, Ivan,            
James, Kott, Kubina, Martin, Mulder, Ogan, Robinson, Rokeberg,                 
Sanders, Willis; Senators Torgerson, Pearce, Adams, Kelly, Miller,             
Halford, Leman, Taylor, Rieger, Salo, Hoffman                                  
                                                                               
In Memoriam - Rudy Joseph Bukovich                                             
By Senator Taylor; Representatives Williams, Bunde, Foster, Ivan,              
James, Kott, Mulder, Sanders, Willis                                           
                                                                               

1995-01-18                     House Journal                      Page 0071
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved that the House confirm the appointment              
of Representative Toohey to the Select Committee on Legislative                
Ethics.                                                                        
                                                                               
The question being:  "Shall the House confirm the appointment of               
Representative Toohey to the Select Committee on Legislative Ethics?"          
The roll was taken with the following result:                                  
                                                                               
Select Committee on Legislative Ethics                                         
Confirm Representative Toohey                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis,                
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek,                  
Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,          
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
Excused:  B.Davis, Moses, Nicholia                                             
                                                                               
Brice changed from "Nay" to "Yea".                                             
                                                                               
And so, the appointment of Representative Toohey was confirmed.                
                                                                               
                                                                               
Representative Vezey moved that the House confirm the appointment              
of Representative Mackie to the Select Committee on Legislative                
Ethics.                                                                        
                                                                               
The question being:  "Shall the House confirm the appointment of               
Representative Mackie to the Select Committee on Legislative Ethics?"          
The roll was taken with the following result:                                  
                                                                               
Select Committee on Legislative Ethics                                         
Confirm Representative Mackie                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               

1995-01-18                     House Journal                      Page 0072
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis,                
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek,                  
Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,          
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
Excused:  B.Davis, Moses, Nicholia                                             
                                                                               
And so, the appointment of Representative Mackie was confirmed.                
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House as noted:                
                                                                               
                                                                               
Representative Grussendorf - from 10:00 a.m., plane time, January 26           
to 6:00 p.m., plane time, January 29, 1995                                     
                                                                               
                                                                               
Representative Williams - from 7:10 a.m., plane time, January 20 to            
10:06 p.m., plane time, January 22, 1995                                       
                                                                               
                                                                               
Representative Rokeberg - from 9:05 a.m., plane time, January 21 to            
8:48 p.m., plane time, January 22, 1995                                        
                                                                               
                                                                               
Representative Sanders - withdrawal of previous excused absence from           
8:00 a.m., January 23 to plane time, January 26, 1995 (page 59)                
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HCR 1                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 1                                             
Creating the Long Range Financial Planning Commission.                        
                                                                               

1995-01-18                     House Journal                      Page 0073
HCR 2                                                                        
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE CONCURRENT RESOLUTION NO.  2                                            
Creating the Commission for Long-Range Financial Planning.                    
                                                                               
                                                                               
HJR 1                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 1                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
                                                                               
HJR 5                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 5                                                  
Proposing amendments to the Constitution of the State of Alaska               
relating to terms of legislators.                                              
                                                                               
                                                                               
HJR 7                                                                        
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO.  7                                                 
Opposing the ban on the export of Alaska North Slope crude oil;               
endorsing federal legislation to remove restraints on the export of            
Alaska North Slope oil; requesting the Congress of the United                  
States to pass legislation to permit the export of Alaska North                
Slope crude oil; and urging the President of the United States to              
support the legislation to lift the ban on the export of Alaska                
North Slope crude oil.                                                         
                                                                               
                                                                               
HJR 8                                                                        
Representative Barnes added her name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 8                                                  
Relating to mandates and other conditions imposed on the states               
by the federal government.                                                     

1995-01-18                     House Journal                      Page 0074
HJR 11                                                                       
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 11                                                 
Requesting the Congress of the United States to pass legislation to           
permit the export of Alaska crude oil.                                         
                                                                               
                                                                               
HJR 12                                                                       
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 12                                                 
Supporting line item veto power for the President of the United               
States.                                                                        
                                                                               
                                                                               
HJR 13                                                                       
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 13                                                 
Endorsing, in principle, legislation authorizing oil and gas leasing,         
exploration, and development on the coastal plain within the Arctic            
National Wildlife Refuge, provided the legislation does not contain            
a provision decreasing this state's royalty.                                   
                                                                               
                                                                               
HB 1                                                                         
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 1                                                              
"An Act relating to public school health education."                          
                                                                               
                                                                               
HB 24                                                                        
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 24                                                             
"An Act relating to the offense of operating a motor vehicle,                 
aircraft, or watercraft while intoxicated; relating to presumptions            
arising from the amount of alcohol in a person's breath or blood;              
and providing for an effective date."                                          
                                                                               

1995-01-18                     House Journal                      Page 0075
HB 25                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 25                                                             
"An Act revising Rule 16, Alaska Rules of Criminal Procedure,                 
relating to discovery and inspection in criminal proceedings, to               
adopt the comparable federal rule."                                            
                                                                               
HB 26                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 26                                                             
"An Act revising Rule 15, Alaska Rules of Criminal Procedure,                 
relating to depositions, to adopt the comparable federal rule."                
                                                                               
HB 27                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 27                                                             
"An Act directing the Department of Public Safety to establish and            
maintain a deoxyribonucleic acid (DNA) identification registration             
system and requiring DNA registration by persons convicted of a                
felony sex offense; and providing for an effective date."                      
                                                                               
HB 28                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 28                                                             
"An Act relating to the possession of weapons within the grounds              
of or on the parking lot of preschools, elementary, junior high, and           
secondary schools or while participating in a school-sponsored                 
event; requiring the expulsion or suspension of students possessing            
deadly weapons on school grounds; and relating to school lockers               
and other containers provided in a public or private school by the             
school or the school district."                                                
                                                                               
HB 86                                                                        
Representative Kohring added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 86                                                             
"An Act relating to municipal property taxes."                                
                                                                               

1995-01-18                     House Journal                      Page 0076
HB 87                                                                        
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 87                                                             
"An Act authorizing youth courts to provide for peer                          
adjudication of minors who have allegedly committed                            
violations of state or municipal laws, and renaming the                        
community legal assistance grant fund and amending the                         
purposes for which grants may be made from that fund in                        
order to provide financial assistance for organization and                     
initial operation of youth courts."                                            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Joint Session for the                                                          
Governor's State of the                                                        
Budget Address                                           8:00 pm, 1/19         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., January 19, 1995.  There being no              
objection, the House adjourned at 10:38 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk