Legislature(1995 - 1996)
1995-03-27 House Journal
Full Journal pdf1995-03-27 House Journal Page 0929 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 27, 1995 Seventy-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:10 a.m. Roll call showed 35 members present. Representative Brice had been previously excused from a call of the House today. Representative Ivan was excused due to illness. Representatives Hanley and Kubina were absent. Representative Sanders was later excused (page 933). The invocation was offered by the Chaplain, Greg Lindsay, Senior Pastor of the Northern Light United Church. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "In the spirit to which You are accustomed, let us pray together: Creating God, we give You thanks for this day, which You offer to us as a gift. As the day unfolds, may we become aware of its new possibilities, may we become alive to its unexpected opportunities, and may we eagerly await its many surprises. As we receive the gift of this day, O God, may we discover Your presence in each act of compassion we give and receive. May we not waste this day, but find in it the possibilities of becoming the persons You created us to be. Amen." The Pledge of Allegiance was led by Representative Porter. 1 1995-03-27 House Journal Page 0930 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 68th, 69th, and 70th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Corrections Board of Parole 1994 Annual Report February 1995 Dept. of Military & Veterans' Affairs 1994 Performance Report REPORTS OF STANDING COMMITTEES HB 46 The State Affairs Committee has considered: HOUSE BILL NO. 46 "An Act relating to the practice of architecture, engineering, and land surveying." and recommends it be replaced with: CS FOR HOUSE BILL NO. 46(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): Porter, Green, Ivan No recommendation (3): James, Robinson, Willis 1995-03-27 House Journal Page 0931 HB 46 The following fiscal notes apply to CSHB 46(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 3/17/95 Zero fiscal note, Dept. of Natural Resources, 3/17/95 HB 46 was referred to the Rules Committee for placement on the calendar. HB 219 The Judiciary Committee has considered: HOUSE BILL NO. 219 "An Act authorizing special medical parole for terminally ill prisoners." and recommends it be replaced with: CS FOR HOUSE BILL NO. 219(JUD) "An Act relating to medical care for prisoners; relating to payment for drug testing for persons in prison, on probation, or on parole; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Bunde, Toohey, B.Davis The following fiscal note applies to CSHB 219(JUD): Zero fiscal note, Dept. of Administration, 3/27/95 HB 219 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: 1995-03-27 House Journal Page 0932 Honoring - Daniel Weatherly II, Eagle Scout By Representative Phillips Honoring - East High School Boys' Basketball Team, 1995 4A State Champions By Representative B.Davis Honoring - Chefornak Scholars By Representative Ivan; Senator Hoffman Honoring - Kasigluk Scholars By Representative Ivan; Senator Hoffman In Memoriam - Patricia Ann Oaks By Senator Sharp In Memoriam - Florence Boyd Oaks By Senator Sharp INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 39 HOUSE JOINT RESOLUTION NO. 39 by the House Special Committee on World Trade and State/Federal Relations: Relating to the Northern Sea Route. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations, and the Transportation Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 283 HOUSE BILL NO. 283 by Representative Therriault, entitled: 1995-03-27 House Journal Page 0933 HB 283 "An Act relating to a mitigating factor in sentencing for assistance provided by a defendant to authorities in the detection, apprehension, or prosecution of other persons who have committed offenses." was read the first time and referred to the Judiciary and Finance Committees. HB 284 HOUSE BILL NO. 284 by the House Special Committee on Fisheries, entitled: "An Act relating to the Alaska Commercial Fishing and Agriculture Bank." was read the first time and referred to the House Special Committee on Fisheries, and the Labor & Commerce and Finance Committees. HB 285 HOUSE BILL NO. 285 by Representative Moses, entitled: "An Act relating to the homestead exemption." was read the first time and referred to the Judiciary Committee. **The presence of Representatives Hanley and Kubina was noted. Representative Vezey moved and asked unanimous consent that Representative Sanders be excused from a call of the House today. There being no objection, it was so ordered. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 17 The following was read the second time: 1995-03-27 House Journal Page 0934 HB 17 HOUSE BILL NO. 17 "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives." with the: Journal Page STA RPT CS(STA) NEW TITLE 6DP 1NR 293 ZERO FISCAL NOTE (DCED) 294 L&C RPT CS(L&C) NT 1DP 6NR 766 ZERO FISCAL NOTE (DCED) 2/10/95 767 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. 17(L&C) "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Green: Page 1, line 13, through page 2, line 2: Delete "these certificates of public convenience and necessity, like other certificates for the same kinds of utility service, be exclusive as to area rather than permitting the electric cooperative to" Insert "electric cooperatives not" Page 2, line 2: Delete "another" Insert "an existing" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1995-03-27 House Journal Page 0935 HB 17 Representative Vezey objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 2 was offered by Representatives Brown and Green: Page 2, line 28, after "both": Insert "if a service is not being provided in the area and" Page 2, line 29, after "Commission": Insert "for that service" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Brown and Green: Page 2, line 30, after "services": Insert "; in this paragraph, "direct satellite television programming services" means a video broadcast signal that is received directly from a satellite" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 17(L&C) am be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker stated that CSHB 17(L&C) am will be in third reading on the March 28, 1995, calendar. ANNOUNCEMENTS Minority Caucus upon at ease, 3/27 1995-03-27 House Journal Page 0936 The House stood at ease at 11:42 a.m. AFTER AT EASE The House was called back to order at 12:27 p.m. A second quorum call showed 25 members present. SECOND READING OF HOUSE BILLS (continued) HB 158 The following was read the second time: HOUSE BILL NO. 158 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) 4DP 2DNP 635 FISCAL NOTE (COURT) 635 3 ZERO FISCAL NOTES (LAW, ADM, DCED) 635 FIN RPT CS(FIN) 2DP 4NR 3AM 841 FISCAL NOTE (COURT) 842 3 ZERO FNS (LAW, ADM, DCED) 3/8/95 842 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. 158(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was not offered. 1995-03-27 House Journal Page 0937 HB 158 Amendment No. 2 was offered by Representatives Navarre and Porter: Page 13, lines 2 - 11: Delete all material. Insert a new bill section to read: "* Sec. 22. AS09.65.210 is repealed and reenacted to read: Sec. 09.65.210. DAMAGES RESULTING FROM COMMISSION OF A FELONY. (a) A person who suffers personal injury or property damage may not recover damages for the personal injury or property damage if the injury occurred while the person was committing or attempting to commit a felony, or fleeing from the commission of a felony and the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the felony substantially contributed to the injury or property damage. (b) The personal representative of a deceased person may not recover damages for the person's death if the court determines by clear and convincing evidence that the death occurred while the person was committing or attempting to commit a felony, or fleeing from the commission of a felony, and that the felony substantially contributed to the death." Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Davies: Page 2, after line 28 through page 4, line 1: Delete all material. Renumber remaining sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. **Representative Masek was excused due to illness. 1995-03-27 House Journal Page 0938 HB 158 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 3 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 3 was not adopted. Representative Vezey moved and asked unanimous consent that the House recess until 6:00 p.m. There being no objection, the House recessed at 2:03 p.m. AFTER RECESS The House was called back to order at 6:00 p.m. A third quorum call showed 21 members present. 1995-03-27 House Journal Page 0939 SECOND READING OF HOUSE BILLS (continued) HB 158 Amendment No. 4 was offered by Representative B.Davis: Page 4, after line 18 through page 5, line 13: Delete all material. Renumber the following bill sections accordingly. Representative Brown placed a call of the House. Representative B.Davis moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. Representative Brown lifted the call. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 4 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 4 was not adopted. 1995-03-27 House Journal Page 0940 The Speaker stated without objection the House would recess; and so, the House recessed at 7:41 p.m. AFTER RECESS The House was called back to order at 8:07 p.m. SECOND READING OF HOUSE BILLS (continued) HB 158 Amendment No. 5 was offered by Representative Finkelstein: Page 7, after line 6 through Page 8, line 8: Delete all material. Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Porter objected. Representative Brown placed a call of the House and lifted the call. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 5 YEAS: 16 NAYS: 20 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams 1995-03-27 House Journal Page 0941 HB 158 Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Navarre: Page 8, after line 8 through page 9, line 1: Delete all material. Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 6 YEAS: 18 NAYS: 18 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Therriault, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 6 was not adopted. 1995-03-27 House Journal Page 0942 HB 158 Amendment No. 7 was offered by Representative Navarre: Page 9, after line 1 through line 23: Delete all material. Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 7 YEAS: 18 NAYS: 18 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 7 was not adopted. ANNOUNCEMENTS Minority Caucus upon at ease, 3/27 1995-03-27 House Journal Page 0943 The House stood at ease at 9:25 p.m. AFTER AT EASE The House was called back to order at 9:53 p.m. SECOND READING OF HOUSE BILLS (continued) HB 158 Amendment No. 8 was offered by Representative Brown: Page 2, line 31: Delete "Notwithstanding the disability of minority described under AS 09.10.140(a), a" Insert "A" Page 4, lines 13 & 14: Delete "Notwithstanding the disability of minority described under AS 09.10.140(a), a" Insert "A" Representative Brown moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 1995-03-27 House Journal Page 0944 HB 158 CSHB 158(FIN) am Second Reading Amendment No. 8 YEAS: 18 NAYS: 18 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representatives Parnell and Porter: Page 4, line 26, after "claims": Insert "of a party to the action" Representative Parnell moved and asked unanimous consent that Amendment No. 9 be adopted. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Finkelstein: Page 5, after line 18 through line 31: Delete all material. Renumber the following bill sections accordingly. 1995-03-27 House Journal Page 0945 HB 158 Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Porter objected. Representative Vezey placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 10 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Brice, Ivan, Masek, Sanders And so, Amendment No. 10 was not adopted. RECONSIDERATION HB 115 Representative Brown moved and asked unanimous consent that the reconsideration of the following (page 912) be held until March 28, 1995: 1995-03-27 House Journal Page 0946 HB 115 CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." There being no objection, it was so ordered. SECOND READING OF HOUSE BILLS (continued) HB 158 Representative Vezey moved and asked unanimous consent that CSHB 158(FIN) am be held in second reading until the March 28, 1995, calendar. There being no objection, it was so ordered. SECOND READING OF SENATE BILLS SB 55 The following which was on today's calendar and not taken up will be in second reading on the March 28, 1995, calendar: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." LEGISLATIVE CITATIONS The citations on today's calendar were not taken up and will be on the March 28, 1995, calendar. UNFINISHED BUSINESS HJR 9 Representative Mulder added his name as cosponsor to: 1995-03-27 House Journal Page 0947 HJR 9 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. HB 25 Representative Toohey added her 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 197 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 197 "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." HB 273 Representative James added her name as cosponsor to: HOUSE BILL NO. 273 "An Act relating to electric utilities." HB 276 Representatives Bunde and Therriault added their names as cosponsors to: HOUSE BILL NO. 276 "An Act relating to legislative per diem; and providing for an effective date." SJR 12 Representative Williams added his name as cross sponsor to: 1995-03-27 House Journal Page 0948 SJR 12 CS FOR SENATE JOINT RESOLUTION NO. 12(RES) Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments. ENGROSSMENT HJR 1 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: HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 28, 1995. There being no objection, the House adjourned at 11:27 p.m. Suzi Lowell Chief Clerk