Legislature(1995 - 1996)
1995-02-13 House Journal
Full Journal pdf1995-02-13 House Journal Page 0329 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 13, 1995 Twenty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:08 a.m. Roll call showed 37 members present. Representatives Brice, Kott and Davies had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Mary Ann Warden, Associate Pastor of the Northern Light United Church. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, You who have made this great land and have allowed many peoples to come and live with us, may we be sensitive to each others' needs and live with respect and honor. Bless these representatives that they may do their work in a spirit of wisdom, kindness, and justice. Help them use their authority to serve faithfully and to promote the general welfare. This we ask in Your glorious morning. Amen." The Pledge of Allegiance was led by Representative Parnell. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 26th, 27th and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1 1995-02-13 House Journal Page 0330 The Chief Clerk noted the following typographical error in the journal for the 26th day on page 303 under HB 175: After "Committees." delete the remainder of the paragraph REPORTS OF STANDING COMMITTEES The Resources Committee has considered the confirmation of the following Governor's appointee: Virgil Umphenour as a member of the Alaska Board of Fisheries. Recommending confirmation: Green, Barnes, Nicholia No recommendation: Ogan, Austerman, Williams The report was signed by Representatives Green and Williams, Co- chairs. HJR 27 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 27 Requesting the United States Congress to accommodate Alaska's wetlands circumstances in the federal Clean Water Act reauthorization by increasing statutory flexibility on wetlands use in Alaska, and to recognize Alaska's unique and outstanding history of wetlands conservation. and recommends the following amendment: Page 1, line 10, after "regulations to": Delete "prohibit the" Insert "include restricted" The report was signed by Representative Green, Co-chair, with the following individual recommendations: 1995-02-13 House Journal Page 0331 HJR 27 Do pass (5): Williams, Austerman, Ogan, Green, Barnes No recommendation (1): Nicholia The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 2/13/95 HJR 27 was referred to the Rules Committee for placement on the calendar. HB 4 The Judiciary Committee has considered: HOUSE BILL NO. 4 "An Act relating to absences from the state for purposes of determining residency under the permanent fund dividend program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 4(STA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Porter, Vezey, Finkelstein, B.Davis, Green, Bunde, Toohey The following fiscal note applies to CSHB 4(STA): Zero fiscal note, Dept. of Revenue, 2/1/95 HB 4 was referred to the Finance Committee. HB 9 The Finance Committee has considered: 1995-02-13 House Journal Page 0332 HB 9 HOUSE BILL NO. 9 "An Act relating to recovery of damages from a minor's parent or legal guardian when property is destroyed by the minor." and recommends it be replaced with: CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (8): Hanley, Mulder, Parnell, Kohring, Grussendorf, Navarre, Kelly, Therriault No recommendation (1): Brown The following fiscal notes apply to CSHB 9(FIN): Indeterminate fiscal note, Alaska Court System, 2/13/95 Zero fiscal note, Dept. of Administration, 2/13/95 Zero fiscal note, Dept. of Law, 1/30/95 Zero fiscal notes (2), Dept. of Administration, 1/30/95 Zero fiscal notes (2), Dept. of Health & Social Services, 1/30/95 HB 9 was referred to the Rules Committee for placement on the calendar. HB 20 The Resources Committee has considered: HOUSE BILL NO. 20 "An Act relating to rights in certain tide and submerged land." and recommends the following title amendment: 1995-02-13 House Journal Page 0333 HB 20 Page 1, line 1, after "submerged land": Add "to municipalities" The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Williams, Ogan No recommendation (4): Nicholia, Barnes, Austerman, Green The following fiscal notes apply: Fiscal notes (2), Dept. of Natural Resources, 2/3/95 Zero fiscal note, Dept. of Community & Regional Affairs, 2/3/95 HB 20 was referred to the Finance Committee. HB 32 The State Affairs Committee has considered: HOUSE BILL NO. 32 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." and recommends it be replaced with: CS FOR HOUSE BILL NO. 32(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Robinson, Ogan No recommendation (2): Ivan, Willis The following fiscal note applies to CSHB 32(STA): Fiscal note, Dept. of Revenue, 2/13/95 1995-02-13 House Journal Page 0334 HB 32 HB 32 was referred to the Judiciary Committee. HB 39 The Judiciary 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(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Vezey, Finkelstein, B.Davis, Porter, Green, Bunde, Toohey The following fiscal notes apply to CSHB 39(JUD): Zero fiscal note, Dept. of Health & Social Services, 2/13/95 Zero fiscal note, Dept. of Public Safety, 2/13/95 Zero fiscal note, Dept. of Health & Social Services, 1/27/95 HB 39 was referred to the Rules Committee for placement on the calendar. HB 79 The Resources Committee has considered: HOUSE BILL NO. 79 "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality." 1995-02-13 House Journal Page 0335 HB 79 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (3): Williams, Ogan, Green No recommendation (3): Nicholia, Barnes, Austerman The following fiscal notes apply: Zero fiscal note, Dept. of Community & Regional Affairs, 2/3/95 Zero fiscal note, Dept. of Natural Resources, 2/3/95 HB 79 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Matthew D. Adamson, Eagle Scout By Representative Vezey Honoring - Hydaburg "Warriors" Boys High School Basketball Team, 1995 Region V Class "A" Basketball Champions By Representative Mackie Honoring - Yakutat "Eagles" Girls High School Basketball Team, 1995 Southeast Region V "AA" Tournament Champs By Representative Mackie In Memoriam - Edwin Kasko By Representative Mackie In Memoriam - Arthur Almquist By Senator Taylor; Representative Williams 1995-02-13 House Journal Page 0336 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 177 HOUSE BILL NO. 177 by Representative Bunde, entitled: "An Act relating to police protection service areas in unified municipalities; and to police protection provided by the state in certain municipal areas." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 178 HOUSE BILL NO. 178 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental and special appropriations for the expenses of state government; making and amending capital and operating appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 13, 1995, appears below: "Dear Speaker Phillips: I am submitting supplemental appropriations for fiscal year 1995 to the Legislature in two parts. Appropriations requiring immediate attention are being sent to you and Senate President Pearce today. The rest will be sent within two weeks. The bill I am sending today addresses five activity areas where expenditure authority is virtually exhausted. The Legislature's immediate attention is necessary if the state is to continue operations within approved appropriation levels. Due to the nature of the requests, I am recommending an immediate effective date for this bill and would appreciate your earliest possible attention to it. 1995-02-13 House Journal Page 0337 HB 178 The five areas are not unfamiliar to the Legislature. The Department of Corrections is under court order to correct problems in the prisons. The mental health lands settlement which was accepted by Judge Greene in December requires that we establish the Mental Health Trust Authority immediately. Response to last summer's Koyukuk River flood requires expenditures in excess of the amounts in the disaster relief fund. There are serious consequences to leaving trooper positions vacant, as necessitated by the funding level approved last spring. Finally, the Legislature expressly funded oil and gas litigation for only one half of the year. Additional information relating to these requests is available to the Legislature from the Office of Management and Budget. I urge your early consideration and passage of these supplementals. Sincerely, /s/ Tony Knowles Governor" HB 179 HOUSE BILL NO. 179 by Representative Therriault, entitled: "An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries, and the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 26 The following was read the second time: 1995-02-13 House Journal Page 0338 HB 26 HOUSE BILL NO. 26 "An Act revising Rule 15, Alaska Rules of Criminal Procedure, relating to depositions, to adopt the comparable federal rule." Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to depositions." There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 26(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 26(JUD) was read the third time. The question being: "Shall CSHB 26(JUD) pass the House?" The roll was taken with the following result: CSHB 26(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Davies, Kott And so, CSHB 26(JUD) passed the House. Representative Parnell gave notice of reconsideration of his vote on CSHB 26(JUD). 1995-02-13 House Journal Page 0339 RECONSIDERATION HB 26 Representative Parnell moved and asked unanimous consent that the reconsideration of CSHB 26(JUD) be taken up on the same day. Representative Parnell moved and asked unanimous consent to withdraw his motion and the notice of reconsideration. There being no objection, it was so ordered. CSHB 26(JUD) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 121 The following, which was advanced to third reading from the February 10, 1995, calendar (page 314), was read the third time: HOUSE BILL NO. 121 "An Act relating to the timber resources within the state." The question being: "Shall HB 121 pass the House?" The roll was taken with the following result: HB 121 Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Elton, Finkelstein, Kubina, Navarre, Nicholia Excused: Brice, Davies, Kott And so, HB 121 passed the House. 1995-02-13 House Journal Page 0340 HB 121 Representative Navarre gave notice of reconsideration of his vote on HB 121. 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 - Alaska Society, Daughters of the American Revolution, 38th State Conference By Representatives Willis, Phillips, Austerman, Barnes, Davies, Green, Grussendorf, James, Kubina, Mackie, Mulder, Navarre, Nicholia, Porter, Sanders, Vezey Honoring - Cynthia Lynnett Morman By Representatives Willis, Brown, B. Davis, Green, James, Kubina, Mulder, Nicholia, Sanders; Senator Halford Honoring - Admiral Jeremy Michael Boorda, USN, Chief of Naval Operations By Representatives Mulder, Phillips, B. Davis, Green, James, Kubina, Mackie, MacLean, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Vezey, Willis Honoring - Mt. Edgecumbe High School Girls Basketball Team, Region V Division Champions By Representatives Grussendorf, Phillips, B. Davis, Brown, Elton, Green, Ivan, James, Kubina, Mackie, MacLean, Navarre, Nicholia, Parnell, Rokeberg, Sanders, Vezey, Williams, Willis; Senator Taylor Honoring - DeeDee Jonrowe By Senator Green; Representatives Phillips, Barnes, Brown, Davies, B. Davis, Elton, Ivan, James, Hanley, Kohring, Kubina, Masek, MacLean, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Sanders, Toohey, Willis Honoring - The Robbins Family By Senator Zharoff; Representatives Austerman, B. Davis, Elton, James, Kubina, Mackie, Nicholia, Sanders, Willis 1995-02-13 House Journal Page 0341 Honoring - RuRAL CAP, 30th Anniversary By Senator Adams; Representatives Brown, Davies, B. Davis, Elton, Finkelstein, Grussendorf, James, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Willis UNFINISHED BUSINESS The Speaker changed the referral on the following Governor's appointment (page 292), from the Community & Regional Affairs Committee to the House Special Committee on Military & Veterans' Affairs: Department of Military & Veterans' Affairs Adjutant General designee Jake Lestenkof Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Mulder - from 6:00 p.m., plane time, February 17 to 9:20 a.m., plane time, February 19, 1995 Representative Austerman - from 6:30 a.m., plane time, February 17 to 8:48 p.m., plane time, February 19, 1995 Representative B.Davis - from 6:55 p.m., plane time, February 15 to 8:48 p.m., plane time, February 19, 1995 There being no objection, it was so ordered. HJR 3 Representative Bunde removed 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. 1995-02-13 House Journal Page 0342 HJR 5 Representative Toohey added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 5 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. HB 26 Representatives Toohey, Robinson and Hanley added their names as cosponsors to: CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to depositions." HB 121 Representative MacLean added her name as cosponsor to: HOUSE BILL NO. 121 "An Act relating to the timber resources within the state." HB 132 Representative Green added his name as cosponsor to: HOUSE BILL NO. 132 "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 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." 1995-02-13 House Journal Page 0343 HB 146 Representative Ivan added his name as cosponsor to: HOUSE BILL NO. 146 "An Act relating to sled dog race classics." HB 173 Representatives Toohey, Finkelstein, Bunde, Rokeberg and Brown added their names as cosponsors to: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." ENGROSSMENT HB 26 CSHB 26(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 27 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 27(FIN) am "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 crime against a person and of minors 16 years of age or older who are adjudicated a delinquent for an act that would be a felony crime against a person if committed by an adult; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1995-02-13 House Journal Page 0344 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 15, 1995. There being no objection, the House adjourned at 12:02 p.m. Suzi Lowell Chief Clerk