Legislature(1995 - 1996)

1995-01-19 House Journal

Full Journal pdf

1995-01-19                     House Journal                      Page 0079
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Thursday          January 19, 1995         
                                                                               
                                                                               
                                  Fourth Day                                 
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:05 a.m.                                                         
                                                                               
Roll call showed 34 members present.  Representatives Nicholia,                
Moses and B.Davis had been previously excused from a call of the               
House today.  Representatives Barnes, Finkelstein and MacLean were             
absent.                                                                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House as noted:                 
                                                                               
Representative Kubina - from 6:40 p.m., January 20 to 9:00 a.m.,               
January 23, 1995 (amended from page 59).                                       
                                                                               
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 Davies            
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Lord God, it's a wonderful day!                                              
                                                                               
We thank You for a night of rest and peace.                                   
                                                                               
We thank You Lord for the freedom we enjoy.  May we                           
always treasure it and protect it.                                             
                                                                               
                                       1                                       

1995-01-19                     House Journal                      Page 0080
We pray for wisdom to know the truth in all matters and the                   
courage to do what is good and right for all.                                  
                                                                               
Amen!!"                                                                       
                                                                               
The Pledge of Allegiance was led by Representative Kott.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the third legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - F. Thomas Trotter                                                   
By Senators Phillips, Halford                                                  
                                                                               
In Memoriam - Robert D. Richardson                                             
By Representative Toohey                                                       
                                                                               
In Memoriam - Leslie "Les" Robert Gundersen                                    
By Representative Toohey                                                       
                                                                               
In Memoriam - Frank B. Battishill                                              
By Representative Toohey                                                       
                                                                               
In Memoriam - Eldon Robert Ulmer                                               
By Representatives Toohey, Porter                                              
                                                                               
In Memoriam - Ken Hinchey Senior                                               
By Representatives Toohey, Porter                                              
                                                                               
In Memoriam - Catherine "Cat" Shackleton                                       
By Senator Salo; Representative Navarre                                        

1995-01-19                     House Journal                      Page 0081
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 17                                                                     
HOUSE JOINT RESOLUTION NO. 17 by Representative Vezey:                         
                                                                               
Proposing an amendment to the Constitution of the State of Alaska             
relating to education.                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 96                                                                        
HOUSE BILL NO. 96 by Representatives Brown and Davies, entitled:               
                                                                               
"An Act increasing and requiring annual adjustment of the tax on              
alcoholic beverages; and providing for an effective date."                     
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
HB 97                                                                        
HOUSE BILL NO. 97 by Representatives Brown and Davies, entitled:               
                                                                               
"An Act relating to municipal taxation of alcoholic beverages; and            
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Labor & Commerce,                  
Community & Regional Affairs, Judiciary and Finance Committees.                
                                                                               
HB 98                                                                        
HOUSE BILL NO. 98 by Representative Willis, entitled:                          
                                                                               
"An Act relating to child visitation rights of grandparents and               
other persons who are not the parents of the child."                           
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               

1995-01-19                     House Journal                      Page 0082
The following Governor's bills are out of numerical sequence because           
the numbers were preassigned.                                                  
                                                                               
                                                                               
HB 100                                                                       
HOUSE BILL NO. 100 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"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."                                              
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
The Governor's transmittal letter, dated January 19, 1995 appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting legislation making appropriations for operating and loan          
program expenses for fiscal year 1996.  AS 37.07.020 requires the              
Governor to submit an appropriation bill to authorize proposed                 
expenditures to the Legislature before the fourth legislative day.  I am       
separately transmitting two appropriation bills: the attached bill for         
"general government operations" and another for "formula-funded                
programs."                                                                     
                                                                               
                                                                               
The general government operations bill reflects the budget turned over         
to me by my predecessor on December 5 and which I presented to you             
on December 15, 1994.  The only number change is the actual request            
of the Alaska Court System as submitted to my office after the                 
December 5 budget was prepared.                                                
                                                                               
                                                                               
We continue to review the previous administrations budget and to               
analyze its effect upon the services the state provides.  In February, I       
will transmit my amendments to reflect the budgetary priorities of my          

1995-01-19                     House Journal                      Page 0083
HB 100                                                                       
Administration.  At that time, I will make every effort to give you the        
full picture of FY96 budget needs and potential cost savings.                  
                                                                               
								Sincerely,                                                             
								/s/                                                                    
								Tony Knowles                                                           
								Governor"                                                              
                                                                               
HB 101                                                                       
HOUSE BILL NO. 101 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for operating expenses for certain              
programs for which the costs are derived from mandated formulas                
or criteria, and for expenses for certain leases and contracts for             
state services and operations; and providing for an effective date."           
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The Governor's transmittal letter, dated January 19, 1995 appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting legislation making appropriations for formula-funded              
expenses for fiscal year 1996.  AS 37.07.020 requires the Governor to          
submit an appropriation bill to authorize proposed expenditures to the         
Legislature before the fourth legislative day.  In addition to the             
attached bill for "formula-funded programs," I am transmitting one for         
"general government operations."                                               
                                                                               
The bills I am introducing reflect the budget turned over to me by my          
predecessor on December 5 and which I presented to you on December             
15, 1994.  We continue to review these documents and analyze their             
effect upon the services the state provides.  In February, I will transmit     
to you amendments that will reflect the budgetary priorities of my             
Administration.                                                                
                                                                               
The programs included in this appropriations bill represent the fastest        
growing area of state government.  I look forward to working with the          

1995-01-19                     House Journal                      Page 0084
HB 101                                                                       
Legislature on reviewing alternatives for controlling these program            
costs.                                                                         
                                                                               
								Sincerely,                                                             
								/s/                                                                    
								Tony Knowles                                                           
								Governor"                                                              
                                                                               
                                                                               
                     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 - Elaine Griffin, Alaska Teacher of the Year                          
By Senator Zharoff; Representatives Austerman, Brice, Brown, Bunde,            
Davies, G.Davis,  Green, Grussendorf, Foster, Hanley, Ivan, James,             
Kott, Kubina, Mackie, Mulder, Navarre, Ogan, Phillips, Rokeberg,               
Sanders, Willis                                                                
                                                                               
                                                                               
In Memoriam - Nina Olsen                                                       
By Senator Zharoff; Representatives Austerman, Brice, Foster, Ivan,            
James, Kott, Kubina, Mackie, Rokeberg, Sanders, Willis                         
                                                                               
                                                                               
**The presence of Representatives Finkelstein and Barnes was noted.            
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 7:50 p.m., for a joint session for the Governor's           
State of the Budget Address.  There being no objection, the House              
recessed at 10:37 a.m.                                                         
                                                                               

1995-01-19                     House Journal                      Page 0085
                          JOINT SESSION IN THE HOUSE                         
                                                                               
Speaker Phillips called the House to order and, in accordance with the         
Uniform Rules, turned the gavel over to President Pearce who called            
the joint session to order at 8:00 p.m.                                        
                                                                               
The purpose of the joint session was to hear the State of the Budget           
Address by the Honorable Tony Knowles, Governor of Alaska.                     
                                                                               
Senator Halford moved and asked unanimous consent that the roll call           
of the Senate be waived and all members be shown as present.  There            
being no objection, it was so ordered.                                         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
roll call of the House be waived and all members be shown as present.          
There being no objection, it was so ordered.                                   
                                                                               
President Pearce introduced Fran Ulmer, Lieutenant Governor of the             
State of Alaska.                                                               
                                                                               
President Pearce introduced Susan Knowles, First Lady of the State of          
Alaska.                                                                        
                                                                               
President Pearce introduced Annalee McConnell, Director of the Office          
of Management and Budget; Nancy Slagle, Director of the Division of            
Budget Review; and, the Honorable Justice Jay Rabinowitz of the                
Alaska Supreme Court.                                                          
                                                                               
President Pearce appointed Representative Hanley and Senator Frank             
to escort the Governor to the joint session.                                   
                                                                               
The Senate Sergeant-at-Arms announced the Governor's entrance into             
the House Chamber.                                                             
                                                                               
Governor Knowles was escorted to the rostrum and welcomed by                   
President Pearce.                                                              
                                                                               
Governor Knowles' State of the Budget Address appears in House and             
Senate Joint Journal Supplement No. 2.                                         
                                                                               
The Governor received a standing ovation and was escorted from the             
Chamber by Representative Hanley and Senator Frank.                            

1995-01-19                     House Journal                      Page 0086
Senator Halford moved and asked unanimous consent that the joint               
session adjourn.  There being no objection, President Pearce adjourned         
the joint session at 8:30 p.m.                                                 
                                                                               
The Speaker ordered the House at ease to allow members of the Senate           
to leave the Chamber.                                                          
                                                                               
                                                                               
                                 IN THE HOUSE                                
                                                                               
The Speaker called the House back to order at 8:31 p.m.                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 3                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 3                                                  
Proposing an amendment to the Constitution of the State of Alaska             
prohibiting the imposition of state personal income taxation, state            
ad valorem taxation on real property, or state retail sales taxation           
without the approval of the voters of the state.                               
                                                                               
HJR 5                                                                        
Representative Bunde 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 Kubina 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.                                                         

1995-01-19                     House Journal                      Page 0087
HJR 9                                                                        
Representative Kubina added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 9                                                  
Requesting the governor to file suit in the United States Supreme             
Court against the United States government alleging violations of              
the civil rights of Americans listed as prisoners of war or missing            
in action in Southeast Asia, demanding that documents concerning               
these individuals be released; and requesting the other states to              
join in this suit.                                                             
                                                                               
HJR 11                                                                       
Representatives Kubina and Bunde added their names as cosponsors 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 13                                                                       
Representatives Kubina and MacLean added their names as cosponsors             
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.                                   
                                                                               
HJR 15                                                                       
Representative MacLean added her name as cosponsor to:                         
                                                                               
HOUSE  JOINT RESOLUTION NO. 15                                                
Relating to mandates imposed on the states by the federal                     
government.                                                                    
                                                                               
                                                                               
HB 1                                                                         
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 1                                                              
"An Act relating to public school health education."                          
                                                                               

1995-01-19                     House Journal                      Page 0088
HB 11                                                                        
Representative MacLean added her name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 11                                                             
"An Act directing the Department of Health and Social Services,               
the Department of Law, and the Department of Public Safety to                  
establish a pilot program to coordinate investigations of sexual               
abuse and serious physical abuse of children."                                 
                                                                               
HB 13                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 13                                                             
"An Act requiring persons authorized to make or incur political               
campaign expenditures before filing for nomination to office and               
groups acting on behalf of them to file certain election campaign              
finance disclosure reports."                                                   
                                                                               
HB 15                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 15                                                             
"An Act authorizing disclosure from court records of the name,                
address, and picture of, and other information about, certain                  
minors for whom a delinquency petition is filed."                              
                                                                               
HB 20                                                                        
Representative Kubina added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 20                                                             
"An Act relating to rights in certain tide and submerged land."               
                                                                               
                                                                               
HB 24                                                                        
Representative Bunde 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."                                          
                                                                               

1995-01-19                     House Journal                      Page 0089
HB 25                                                                        
Representative Bunde 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 Bunde 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 Bunde 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 31                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 31                                                             
"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 33                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 33                                                             
"An Act providing for the civil commitment of sexually violent                
predators."                                                                    
                                                                               

1995-01-19                     House Journal                      Page 0090
HB 35                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 35                                                             
"An Act relating to the grounds for imposing disciplinary sanctions           
on persons licensed by the State Medical Board."                               
                                                                               
HB 39                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 39                                                             
"An Act relating to the authority of mobile intensive care                    
paramedics, physician assistants, and emergency medical                        
technicians to pronounce death under certain circumstances."                   
                                                                               
HB 44                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 44                                                             
"An Act providing that a political use is not an authorized use of            
charitable gaming proceeds; prohibiting the contribution of                    
charitable gaming proceeds to candidates for certain public offices,           
their campaign organizations, or to political groups; providing that           
a political group is not a qualified organization for purposes of              
charitable gaming; relating to what is a qualified organization for            
the purpose of charitable gaming permitting; and providing for an              
effective date."                                                               
                                                                               
                                                                               
HB 57                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 57                                                             
"An Act relating to driver's licensing; and providing for an                  
effective date."                                                               
                                                                               
HB 58                                                                        
Representative Toohey added her name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 58                                                             
"An Act establishing the Chickaloon Flats Critical Habitat Area."             
                                                                               

1995-01-19                     House Journal                      Page 0091
HB 63                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 63                                                             
"An Act establishing special request licenses depicting the sport of          
dog mushing."                                                                  
                                                                               
HB 68                                                                        
Representative Kubina added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 68                                                             
"An Act relating to primary election nominees for state executive             
and legislative offices and regulating the nomination of the                   
candidates for those offices whose names shall be placed on the                
general election ballot."                                                      
                                                                               
HB 71                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 71                                                             
"An Act relating to the location of the convening of the legislature          
in regular session; and providing for an effective date."                      
                                                                               
HB 72                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 72                                                             
"An Act enacting the Uniform Fraudulent Transfer Act."                        
                                                                               
                                                                               
HB 78                                                                        
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 78                                                             
"An Act relating to the maximum amount of assistance that may                 
be granted under the adult public assistance program and the                   
program of aid to families with dependent children; proposing a                
special demonstration project within the program of aid to families            
with dependent children and directing the Department of Health                 
and Social Services to seek waivers from the federal government                
to implement the project."                                                     
                                                                               

1995-01-19                     House Journal                      Page 0092
HR 1                                                                         
Reconsideration of the following was not taken up on this legislative          
day.  It was referred to the Chief Clerk for engrossment and                   
enrollment:                                                                    
                                                                               
HOUSE RESOLUTION NO. 1                                                        
Establishing a House Special Committee on Economic                            
Development.                                                                   
                                                                               
                                                                               
                          ENGROSSMENT AND ENROLLMENT                         
                                                                               
HR 2                                                                         
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, and the engrossed and enrolled copies were transmitted            
to the Office of the Governor at 10:56 a.m., January 19, 1995:                 
                                                                               
HOUSE RESOLUTION NO. 2                                                        
Establishing a House Special Committee on World Trade and                     
State/Federal Relations.                                                       
                                                                               
                                                                               
HR 3                                                                         
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, and the engrossed and enrolled copies were transmitted            
to the Office of the Governor at 10:56 a.m., January 19, 1995:                 
                                                                               
HOUSE RESOLUTION NO. 3                                                        
Establishing a House Special Committee on International Trade                 
and Tourism.                                                                   
                                                                               
                                                                               
HR 4                                                                         
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, and the engrossed and enrolled copies were transmitted            
to the Office of the Governor at 10:56 a.m., January 19, 1995:                 
                                                                               
HOUSE RESOLUTION NO. 4                                                        
Establishing a House Special Committee on Military and Veterans'              
Affairs.                                                                       
                                                                               

1995-01-19                     House Journal                      Page 0093
HR 5                                                                         
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, and the engrossed and enrolled copies were transmitted            
to the Office of the Governor at 10:56 a.m., January 19, 1995:                 
                                                                               
HOUSE RESOLUTION NO. 5                                                        
Establishing a House Special Committee on Fisheries.                          
                                                                               
HR 6                                                                         
The following was engrossed and enrolled, signed by the Speaker and            
Chief Clerk, and the engrossed and enrolled copies were transmitted            
to the Office of the Governor at 1:45 p.m., January 19, 1995:                  
                                                                               
HOUSE RESOLUTION NO. 6                                                        
Establishing a House Special Committee on Oil and Gas.                        
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
The complete committee agenda to be considered in the coming week,             
including the required five-day notices for first public hearing, is listed    
in the Friday printed schedule.                                                
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., January 20, 1995.  There being no              
objection, the House adjourned at 8:32 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk