Legislature(1995 - 1996)

1995-01-27 House Journal

Full Journal pdf

1995-01-27                     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