Legislature(1995 - 1996)
1995-01-27 House Journal
Full Journal pdf1995-01-27 House Journal Page 0151 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday January 27, 1995 Twelfth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:23 a.m. Roll call showed 35 members present. Representatives Grussendorf, Kubina and Navarre had been previously excused from a call of the House today. Representative Barnes was excused due to illness. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Rokeberg - from 6:00 a.m., plane time, January 27 to 9:00 p.m., plane time, January 29, 1995 Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Leon Thompson of the Chapel by the Lake. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear God, We are grateful for life and the lives You have given us. Each of us have been given breath and movement, gifts and talents, abilities and tasks. This day may we step up to the challenges that come before us. When this day is complete may we look back upon it and be able to say with clear conscience -- well done. 1 1995-01-27 House Journal Page 0152 Help us to act with courage and wisdom. Where there is need to confront, let us do it with a spirit of love. Where there is a need to listen, give us ears to hear. Where there is need for vision, give us eyes to see. Where there is need to speak, give us courage to proclaim the truth. Where there is need for justice, let us stand boldly. Oh God, may the representatives of the House and Senate look to the good of all the peoples of this great land we call Alaska. Surround us this day with Your presence and help us to continually call upon Your strength in all that we do. This prayer we give to You in honor of all You have done for us Creator God. Amen." The Pledge of Allegiance was led by Representative G.Davis. RECONSIDERATION HCR 7 Representative Vezey brought up reconsideration of the vote on HCR 7 (page 145). The following was again before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 7 Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska. Representative Vezey moved and asked unanimous consent that HCR 7 be returned to the Rules Committee. There being no objection, it was so ordered. 1995-01-27 House Journal Page 0153 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 11th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 26, 1995, was read stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., March 22, 1995, to hear an address by the Honorable Chief Justice Daniel Moore, Jr. A message dated January 27, 1995, was read stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., March 27, 1995, to hear an address by the Honorable Ted Stevens, United States Senator. A message dated January 27, 1995, was read stating the Senate has passed the following, and it is transmitted for consideration: INTRODUCTION, FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 by Senators Pearce, Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor and Torgerson: Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska. was read the first time and referred to the Rules Committee for placement on the calendar. 1995-01-27 House Journal Page 0154 COMMUNICATIONS The following report is on file in the Speaker's office: Dept. of Commerce & Economic Development Alaska Minerals Commission Report and Appendix A, January, 1995 The following report is on file in the Chief Clerk's office: Dept. of Environmental Conservation Office of the Commissioner Alaska Clean Water Fund Annual Report to the Legislature Fiscal Year 1994 (as required by AS 46.03.032(k)) REPORTS OF STANDING COMMITTEES HB 39 The Health, Education & Social Services Committee has considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 39(HES) (same title) The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (7): Rokeberg, G.Davis, Bunde, Toohey, Vezey, Robinson, Brice 1995-01-27 House Journal Page 0155 HB 39 The following fiscal note applies to CSHB 39(HES): Zero fiscal note, Department of Health & Social Services, 1/27/95 HB 39 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mabel Fennimore, 1994 Beta Sigma Phi "Woman of the Year" By Representative Grussendorf; Senator Taylor Honoring - 1995 National Engineers' Week By Senator Leman; Representative Green In Memoriam - Robert "Bob" F. Brophy By Representatives Moses, Phillips, Hanley, G.Davis, Williams, Navarre, Mackie, Elton, Grussendorf, Kubina, Ivan; Senators Leman, Taylor, Torgerson, Salo, Zharoff, Duncan, Hoffman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 52 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 52 by Representative Green, entitled: "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; amending Rules 702(a) and 703 of the Alaska Rules of Evidence to modify the rule relating to the basis or foundation for the admissibility of expert opinion testimony that is based on scientific evidence as it relates to DNA profile evidence; and amending Rules 401, 403, and 705 of the Alaska Rules of Evidence." 1995-01-27 House Journal Page 0156 HB 52 was read the first time and referred to the Judiciary and Finance Committees. HB 126 HOUSE BILL NO. 126 by Representative Mulder, entitled: "An Act relating to the handling of legislative ethics complaints during the period immediately preceding elections." was read the first time and referred to the State Affairs Committee. HB 127 HOUSE BILL NO. 127 by Representative Kelly, entitled: "An Act increasing the minimum term of imprisonment for assaults in the fourth degree committed against a peace officer, fire fighter, correctional officer, emergency medical technician, paramedic, ambulance attendant, or other emergency responders." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 128 HOUSE BILL NO. 128 by Representative Williams, entitled: "An Act establishing an exemption to the requirement of obtaining a waste disposal permit for certain activities that yield water and waste material discharges ancillary to those activities." was read the first time and referred to the Resources Committee. HB 129 HOUSE BILL NO. 129 by Representative Brown, entitled: "An Act repealing vegetable dealer licensing and regulation." 1995-01-27 House Journal Page 0157 HB 129 was read the first time and referred to the Labor & Commerce Committee. HB 130 HOUSE BILL NO. 130 by Representative Kelly, entitled: "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 131 HOUSE BILL NO. 131 by Representative Brice, entitled: "An Act establishing an exemption to the requirement of obtaining a waste disposal permit for certain mineral drilling activities." was read the first time and referred to the Resources Committee. HB 132 HOUSE BILL NO. 132 by Representatives Mackie and Phillips, entitled: "An Act repealing the ability of persons seeking an elective state executive office or a state or national legislative office to petition for inclusion of their names on the state general election ballot; requiring candidates of all political groups for a state or national legislative office to compete at the state primary election for the 1995-01-27 House Journal Page 0158 HB 132 placement on the general election ballot of the name of the one candidate from each political group that receives the greatest number of votes cast; and requiring candidates of all political groups for state executive office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate for governor from each political group that receives the greatest number of votes cast and the name of the one candidate for lieutenant governor from the same political group that receives the greatest number of votes cast." was read the first time and referred to the State Affairs and Finance Committees. HB 133 HOUSE BILL NO. 133 by Representative Brown, entitled: "An Act relating to the Alaska transportation system and local review of public projects." was read the first time and referred to the Transportation, State Affairs and Finance Committees. HB 134 HOUSE BILL NO. 134 by Representatives Therriault, Toohey and Porter, entitled: "An Act repealing vegetable dealer licensing and regulation." was read the first time and referred to the Labor & Commerce Committee. 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: In Memoriam - Marilyn Pushcar By Representatives Foster, Phillips, Brice, B.Davis, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Nicholia, Sanders, Toohey, Willis 1995-01-27 House Journal Page 0159 In Memoriam - Willard J. Bennett By Representatives Foster, Phillips, Brice, B.Davis, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Nicholia, Sanders, Toohey, Willis In Memoriam - Robert Bittick By Representatives Foster, Elton, Phillips, Brice, B.Davis, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Nicholia, Robinson, Sanders, Toohey, Willis ANNOUNCEMENTS Rules Committee Upon recess, 1/27 Representative Vezey moved and asked unanimous consent that the House recess to a call of the Chair. There being no objection, the House recessed at 10:47 a.m. AFTER RECESS The Speaker called the House back to order at 11:29 a.m. Representative Vezey moved that the House adopt the following Supplemental Calendar: SCR 6 STATE V. BABBITT LAWSUIT CONTINUATION Representative Mackie objected. Representative Mackie placed a call of the House. The call was satisfied. The question being: "Shall the House adopt the Supplemental Calendar?" The roll was taken with the following result: ADOPT SUPPLEMENTAL CALENDAR YEAS: 24 NAYS: 11 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1995-01-27 House Journal Page 0160 Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Mackie, MacLean, Nicholia, Robinson, Willis Excused: Barnes, Grussendorf, Kubina, Navarre, Rokeberg And so, the Supplemental Calendar was adopted. CONSIDERATION OF THE SUPPLEMENTAL CALENDAR SECOND READING OF SENATE RESOLUTIONS SCR 6 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 6 Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska. The question being: "Shall SCR 6 pass the House?" The roll was taken with the following result: SCR 6 Second Reading Final Passage YEAS: 22 NAYS: 13 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan, Mackie, MacLean, Nicholia, Robinson, Williams Excused: Barnes, Grussendorf, Kubina, Navarre, Rokeberg And so, SCR 6 passed the House. 1995-01-27 House Journal Page 0161 SCR 6 Representative Mackie gave notice of reconsideration of his vote on SCR 6. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Brice - from 6:55 p.m., plane time, February 9 to 9:30 a.m., plane time, February 14, 1995 Representative Green - from 6:40 p.m., plane time, January 31 to 8:35 p.m., plane time, February 5, 1995 There being no objection, it was so ordered. HB 15 Representative Toohey added her 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 28 Representatives Kott and Elton added their names as cosponsors 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 39 Representative G.Davis added his name as cosponsor to: 1995-01-27 House Journal Page 0162 HB 39 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 48 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 48 "An Act relating to motorcycle safety and to use of helmets by operators of motorcycles." HB 52 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 52 "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; directing the Department of Public Safety to establish and maintain a DNA data bank and requiring DNA registration by persons convicted of felony offenses; amending Rules 702(a) and 703 of the Alaska Rules of Evidence to modify the rule relating to the basis or foundation for the admissibility of expert opinion testimony that is based on scientific evidence as it relates to DNA profile evidence; and amending Rules 401, 403, and 705 of the Alaska Rules of Evidence; and providing for an effective date." HB 65 Representatives Kott and Elton added their names as cosponsors to: HOUSE BILL NO. 65 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." HB 83 Representative James added her name as cosponsor to: HOUSE BILL NO. 83 "An Act relating to state implementation of federal statutes." 1995-01-27 House Journal Page 0163 HB 90 Representatives Foster and MacLean added their names as cosponsors to: HOUSE BILL NO. 90 "An Act changing the date that the legislature convenes in the years following a gubernatorial election." HB 126 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 126 "An Act relating to the handling of legislative ethics complaints during the period immediately preceding elections." HB 128 Representatives Kott and Toohey added their names as cosponsors to: HOUSE BILL NO. 128 "An Act establishing an exemption to the requirement of obtaining a waste disposal permit for certain activities that yield water and waste material discharges ancillary to those activities." HB 129 Representative Elton added his name as cosponsor to: HOUSE BILL NO. 129 "An Act repealing vegetable dealer licensing and regulation." SCR 6 Representatives Bunde, Toohey and Green added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 6 Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska. 1995-01-27 House Journal Page 0164 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 3:00 p.m., 1/28 Majority Caucus Speaker's Chamber 10:00 a.m., 1/30 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 30, 1995. There being no objection, the House adjourned at 11:58 a.m. Suzi Lowell Chief Clerk