Legislature(1993 - 1994)

1994-03-09 House Journal

Full Journal pdf

1994-03-09                     House Journal                      Page 2669
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday             March 9, 1994         
                                                                               
                                                                               
                               Fifty-ninth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:10 a.m.                                                           
                                                                               
Roll call showed 37 members present.  Representatives Hoffman,                 
Mackie and Ulmer had been previously excused from a call of the                
House today.                                                                   
                                                                               
The invocation was offered by singer, Hannah Deppner and guitar                
player, Doug Carter.  Representative Bunde moved and asked                     
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"`Amazing grace, how sweet the sound, That saved a wretch                     
like me!  I once was lost, but now am found; Was blind, but                    
now I see.                                                                     
                                                                               
'Twas grace that taught my heart to fear, And grace my fears                  
relieved; How precious did that grace appear The hour I first                  
believed!'                                                                     
                                                                               
						-Amazing Grace, How Sweet the Sound                                      
                                                                               
Chorus:`Just a closer walk with Thee - Grant it                              
Jesus, if you please; Daily walking close                                      
to Thee - Let it be, dear Lord, let it be.                                     
                                                                               
I am weak but Thou art strong - Jesus, keep me, from all wrong;               
I'll be satisfied as long as I walk, dear Lord, close to Thee.                 
                                                                               
                                                                               
                                       1                                       

1994-03-09                     House Journal                      Page 2670
Through this world of toil and snares, If I falter, Lord, who cares?          
Who with me my burden shares?  None but Thee, dear Lord, none                  
but Thee.'                                                                     
                                                                               
						-Just a Closer Walk With Thee"                                           
                                                                               
The Pledge of Allegiance was led by Representative Navarre.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 57th and 58th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 17                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 17                                                 
Relating to reauthorization of the Magnuson Fishery Conservation              
and Management Act.                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 17(RES)                                     
	(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (7):  Hudson, Carney, James, Davies, Mulder, Bunde,                    
Williams                                                                       
                                                                               
The following fiscal note applies to CSHJR 17(RES):                            
                                                                               
Zero fiscal note, House Special Committee on Fisheries, 2/9/94                 
                                                                               
HJR 17 was referred to the Rules Committee for placement on the                
calendar.                                                                      

1994-03-09                     House Journal                      Page 2671
HJR 60                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 60                                                 
Relating to an amendment to the Constitution of the United States             
prohibiting federal courts from ordering a state or a political                
subdivision of a state to increase or impose taxes.                            
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis                   
                                                                               
The following fiscal note applies to HJR 60:                                   
                                                                               
Zero fiscal note, Office of the Governor, 3/9/94                               
                                                                               
HJR 60 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 162                                                                       
The Judiciary Committee has submitted a corrected fiscal note on:              
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 162                                     
"An Act authorizing capital punishment, classifying murder in the             
first degree as a capital felony, and establishing sentencing                  
procedures for capital felonies; authorizing an advisory vote on               
instituting capital punishment; and providing for an effective date."          
                                                                               
The following was published March 7, 1994:                                     
                                                                               
Fiscal note, Dept. of Law, 3/4/94                                              
                                                                               
SSHB 162 is in the Finance Committee.                                          
                                                                               
HB 234                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 234                                                            
"An Act relating to endowments and donations of the University                
of Alaska and the University of Alaska endowment trust fund; and               
providing for an effective date."                                              

1994-03-09                     House Journal                      Page 2672
HB 234                                                                       
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Toohey, Brice                                                    
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
No recommendation (5):  G.Davis, Bunde, Nicholia, Kott, Olberg                 
                                                                               
The following fiscal notes apply to HB 234:                                    
                                                                               
Fiscal note, Dept. of Revenue, 3/9/94                                          
Zero fiscal note, University of Alaska, 3/9/94                                 
                                                                               
HB 234 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 299                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 299                                                            
"An Act relating to education programs on consumption of alcohol              
and to revocation of a driver's license for illegal consumption of             
alcohol; and providing for an effective date."                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 299(JUD)                                                
"An Act relating to  revocation of a driver's license for illegal             
possession or use of a controlled substance or illegal possession or           
consumption of alcohol; to fees for reinstatement of a driver's                
license; and providing for an effective date."                                 
                                                                               
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Green, James, Porter, Nordlund                                   
                                                                               
No recommendation (1):  Kott                                                   
                                                                               

1994-03-09                     House Journal                      Page 2673
HB 299                                                                       
The following fiscal notes apply to CSHB 299(JUD):                             
                                                                               
Fiscal note, Dept. of Public Safety, 3/9/94                                    
Zero fiscal note, Dept. of Law, 3/9/94                                         
                                                                               
HB 299 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 328                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 328                                                            
"An Act relating to motor vehicle registration and registration fees;         
to fees for drivers' licenses and permits; and providing for an                
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 328(STA)                                                
"An Act relating to motor vehicle registration and registration fees,         
and to the optional municipal motor vehicle registration tax; to               
fees for drivers' licenses and permits; to fees related to inspection          
and control of motor vehicle emissions; and providing for an                   
effective date."                                                               
                                                                               
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Vezey, Kott, Sanders, B.Davis                                    
                                                                               
No recommendation (1):  G.Davis                                                
                                                                               
Amend (1): Olberg                                                              
                                                                               
The following fiscal note applies to CSHB 328(STA):                            
                                                                               
Fiscal note, Dept. of Public Safety, 3/9/94                                    
                                                                               
HB 328 was referred to the Finance Committee.                                  
                                                                               

1994-03-09                     House Journal                      Page 2674
HB 339                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 339                                                            
"An Act relating to the use in public schools of historical                   
documents without alteration or removal of religious or secular                
references when the references are a part of the text of the                   
document; providing that the use of historical documents does not              
constitute the advocation of partisan, sectarian, or denominational            
doctrine; and providing that public school teachers and                        
administrators may not be disciplined or otherwise acted against               
for using historical documents; requiring the Department of                    
Education to distribute copies of the law; and providing for an                
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
                                                                               
	CS FOR HOUSE BILL NO. 339(JUD)                                                
"An Act relating to the use of historical documents in public                 
schools; and providing for an effective date."                                 
                                                                               
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Kott, James, Porter, Phillips                                    
                                                                               
No recommendation (1):  Nordlund                                               
                                                                               
The following fiscal note applies to CSHB 339(JUD):                            
                                                                               
Zero fiscal note, Dept. of Education, 2/17/94                                  
                                                                               
HB 339 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 402                                                                       
The State Affairs Committee has considered:                                    
                                                                               

1994-03-09                     House Journal                      Page 2675
HB 402                                                                       
HOUSE BILL NO. 402                                                            
"An Act requiring that an owner's motor vehicle liability insurance           
policy used as proof of financial responsibility designate by                  
description or appropriate reference the motor vehicles it covers;             
and providing for an effective date."                                          
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  Vezey, B.Davis                                                   
                                                                               
No recommendation (4):  Kott, Sanders, G.Davis, Olberg                         
                                                                               
                                                                               
The following fiscal notes apply to HB 402:                                    
                                                                               
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
Zero fiscal note, Dept. of Commerce & Economic Development, 3/9/94             
                                                                               
HB 402 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 403                                                                       
The State Affairs Committee has considered:                                    
                                                                               
 HOUSE BILL NO. 403                                                           
"An Act requiring that automobile liability insurance include                 
coverage for uninsured or underinsured motor vehicles and an                   
offer of policy limits for that coverage equal to coverage                     
voluntarily purchased for bodily injury or death; and providing for            
an effective date."                                                            
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Vezey, Kott, B.Davis                                             
                                                                               
No recommendation (3): Sanders, G.Davis, Olberg                                
                                                                               

1994-03-09                     House Journal                      Page 2676
HB 403                                                                       
The following fiscal note applies to HB 403:                                   
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
2/23/94                                                                        
                                                                               
HB 403 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 420                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420                                     
"An Act relating to limited liability companies; amending Alaska              
Rules of Civil Procedure 20 and 24; and providing for an effective             
date."                                                                         
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (1):  Mulder                                                           
                                                                               
No recommendation (3):  Williams, Sitton, Hudson                               
                                                                               
The following fiscal note applies to SSHB 420:                                 
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development, 3/9/94             
                                                                               
SSHB 420 was referred to the Judiciary Committee.                              
                                                                               
                                                                               
HB 439                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 439                                                            
"An Act enacting the Uniform Fraudulent Transfer Act."                        
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Nordlund, James, Porter                                          

1994-03-09                     House Journal                      Page 2677
HB 439                                                                       
No recommendation (2):  Phillips, Kott                                         
                                                                               
                                                                               
The following fiscal note applies to HB 439:                                   
                                                                               
Zero fiscal note, Dept. of Law, 3/2/94                                         
                                                                               
HB 439 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 448                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 448                                                            
"An Act relating to waste and use of salmon and parts of salmon;              
relating to permits for and operation of a salmon hatchery; and                
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 448(RES)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Hudson, James, Finkelstein, Mulder, Bunde, Williams              
                                                                               
                                                                               
The following fiscal note applies to CSHB 448(RES):                            
                                                                               
Zero fiscal note, Dept. of Fish & Game, 2/4/94                                 
                                                                               
HB 448 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 466                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               

1994-03-09                     House Journal                      Page 2678
HB 466                                                                       
HOUSE BILL NO. 466                                                            
"An Act authorizing the issuance of bonds by the Alaska Housing               
Finance Corporation to pay for the costs of repair and                         
rehabilitation of student housing facilities of the University of              
Alaska; authorizing the issuance of bonds by the University of                 
Alaska to pay for the costs of repair and rehabilitation of facilities         
of the University of Alaska; amending powers of the Alaska                     
Housing Finance Corporation; amending the definition of "public                
building"; relating to the Alaska debt retirement fund; and                    
providing for an effective date."                                              
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Bunde, Toohey, B.Davis, Brice                                    
                                                                               
No recommendation (5):  Vezey, G.Davis, Olberg, Nicholia, Kott                 
                                                                               
The following fiscal notes apply to HB 466:                                    
                                                                               
Zero fiscal note, University of Alaska, 3/9/94                                 
Zero fiscal note, Dept. of Revenue, 2/11/94                                    
Zero fiscal note, Office of the Governor, 2/11/94                              
                                                                               
HB 466 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 478                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 478                                                            
"An Act relating to the authority of mobile intensive care                    
paramedics and emergency medical technicians to pronounce death                
under certain circumstances."                                                  
                                                                               
and recommends it be replaced with:                                            
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 478(HES)                                                
(same title)                                                                  
                                                                               

1994-03-09                     House Journal                      Page 2679
HB 478                                                                       
The report was signed by Representative Toohey, Co-chair, with the             
following individual recommendations:                                          
                                                                               
                                                                               
Do pass (9): Vezey, Kott, G.Davis, Bunde, Toohey, B.Davis, Nicholia,           
Brice, Olberg                                                                  
                                                                               
                                                                               
A House Health, Education & Social Services Committee letter of                
intent  for CSHB 478(HES), signed by Representatives Toohey and                
Bunde, Co-chairs, appears below:                                               
                                                                               
                                                                               
"1.CSHB 478(HES) requires additional training for EMTs:                        
                                                                               
The House Health, Education and Social Services committee notes that           
the range of responsibilities held by emergency medical technicians in         
Alaska would be expanded by CS for House Bill 478(HES). This                   
expanded responsibility will require that emergency medical                    
technicians be well-trained in recognizing signs of death. It is therefore     
the intent of the House Health, Education and Social Services                  
committee that the training of emergency medical technicians include           
specific instruction on the recognition of rigor mortis and of post            
mortem lividity. This instruction should be part of both the initial           
training for emergency medical technicians and the continuing                  
education required to maintain currency of an emergency medical                
technician certificate. It is also the intent of the House Health,             
Education and Social Services committee that the department, under             
the authority of AS 18.08.080, amend 7 AAC 26 to include this                  
requirement.                                                                   
                                                                               
2.CSHB 478(HES) requires extensive notification:                               
                                                                               
The House Health, Education and Social Services committee notes that           
the provisions of CSHB 478(HES) may affect all emergency medical               
technicians and mobile intensive care paramedics in the state of               
Alaska. It is therefore imperative that full notification take place as        
soon as possible after the bill becomes law. It is evident that                
emergency medical technicians and mobile intensive care paramedics             
must be notified of this new responsibility, but it is also important that     
all emergency physicians be notified of this change in a timely manner.        

1994-03-09                     House Journal                      Page 2680
HB 478                                                                       
It is the intent of the House Health, Education and Social Services            
committee that, at the earliest practical opportunity after CSHB
478(HES) becomes law, the department dispatch notifications to each            
emergency physician in the state as well as to each emergency medical          
technician and mobile intensive care paramedic in the state."                  
                                                                               
The following fiscal notes apply to CSHB 478(HES):                             
                                                                               
Zero fiscal notes (2), Department of Health & Social Services, 3/9/94          
                                                                               
HB 478 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
SB 77                                                                        
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 77(RES)                                                
"An Act relating to the powers of the Board of Game and to                    
intensive management of big game to achieve higher sustained                   
yield for human harvest."                                                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 77(RES)                                   
(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Mulder                                                           
                                                                               
Do not pass (1):  Finkelstein                                                  
                                                                               
No recommendation (4):  Hudson, James, Bunde, Williams                         
                                                                               
The following fiscal note applies to HCS CSSB 77(RES):                         
                                                                               
Zero fiscal note, Dept. of Fish & Game, 3/9/94                                 
                                                                               
CSSB 77(RES) was referred to the Rules Committee for placement on              
the calendar.                                                                  

1994-03-09                     House Journal                      Page 2681
SB 186                                                                       
The State Affairs Committee has considered:                                    
                                                                               
SENATE BILL NO. 186 am                                                        
"An Act relating to state agency publications."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR SENATE BILL NO. 186(STA)                                         
(same title)                                                                  
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis                   
                                                                               
The following fiscal note applies to HCS SB 186(STA):                          
                                                                               
Zero fiscal note, Dept. of Administration, 2/18/94                             
                                                                               
SB 186 am 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 - Alaska Seafood Marketing Institute                                  
By Representatives Ulmer, Hudson; Senator Duncan                               
                                                                               
Honoring - Private 1st Class Gerd D. Schroeder, Soldier of the Year            
By Representative Vezey                                                        
                                                                               
Honoring - Staff Sergeant Robert A. Vansant, NCO of the Year                   
By Representative Vezey                                                        
                                                                               
Honoring - Coach Paul Brauneis, Chugiak High School Hockey Coach               
By Representatives Kott, Willis, Carney; Senators Halford, Phillips            
                                                                               
Honoring - Dimond High School Football Team, Coaches-Managers-                 
Cheerleaders                                                                   
By Representative Hanley                                                       

1994-03-09                     House Journal                      Page 2682
Honoring - Sidney Huntington                                                   
By Representative Nicholia                                                     
                                                                               
Honoring - Deborah Deaton                                                      
By Representative Nicholia                                                     
                                                                               
Honoring - Shannon Erhart                                                      
By Representative Nicholia                                                     
                                                                               
Honoring - Thelma Saunders                                                     
By Representative Nicholia                                                     
                                                                               
Celebrating - Kenai Public Library, 45 Years of Service                        
By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little           
                                                                               
Honoring - The Kenai Kardinals, the 1993 Northern Lights Football              
Champions                                                                      
By Representatives Navarre, G.Davis, Phillips; Senators Little, Salo           
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 61                                                                       
HOUSE JOINT RESOLUTION NO. 61 by the House Rules                               
Committee by request of the House Economic Task Force:                         
                                                                               
Relating to the Western Alaska Community Development Quota                    
Program and the North Pacific Fishery Management Council                       
Comprehensive Rationalization Program.                                         
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 520                                                                       
HOUSE BILL NO. 520 by the House Transportation Committee,                      
entitled:                                                                      
                                                                               

1994-03-09                     House Journal                      Page 2683
HB 520                                                                       
"An Act relating to the operation of courtesy cars at certain                 
airports."                                                                     
                                                                               
was read the first time and referred to the Transportation and Finance         
Committees.                                                                    
                                                                               
                                                                               
HB 521                                                                       
HOUSE BILL NO. 521 by the House State Affairs Committee,                       
entitled:                                                                      
                                                                               
"An Act relating to judicial review of decisions of school boards             
relating to nonretention or dismissal of teachers."                            
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               
HB 522                                                                       
HOUSE BILL NO. 522 by the House Labor & Commerce Committee,                    
entitled:                                                                      
                                                                               
"An Act relating to unemployment compensation for persons                     
employed by educational institutions in other than educational,                
research, or principal administrative capacities."                             
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, State Affairs and Finance Committees.                                
                                                                               
                                                                               
HB 523                                                                       
HOUSE BILL NO. 523 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act amending Alaska Rule of Criminal Procedure 6(r) relating              
to admissibility of hearsay evidence by peace officers before the              
grand jury."                                                                   
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               

1994-03-09                     House Journal                      Page 2684
HB 523                                                                        
The following fiscal notes apply:                                             
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
Zero fiscal note, Dept. of Law, 3/9/94                                         
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that amends Alaska Rule of Criminal Procedure 6(r)         
to allow one peace officer, such as an Alaska state trooper or police          
officer, to testify at grand jury as to what another peace officer heard,      
said, or did in the course of a criminal investigation.  This will reduce      
the number of peace officers that must be involved and required to             
testify when a case is presented to a grand jury, especially when the          
peace officers may have only played a minor role in the investigation.         
                                                                               
                                                                               
In federal courts in Alaska, the lead case agent on a particular             
investigation simply comes before the federal grand jury and testifies         
about the entire scope of what was learned during the course of an           
investigation.  If 12 law enforcement agents were involved, the federal        
court rules do not require all 12 agents to personally appear and testify      
before the grand jury.  The federal rules allow for just one case agent        
to appear and testify before the grand jury -- leaving the other 11            
agents available on the street to fight crime.                                 
                                                                               
                                                                               
This is not the situation in Alaska's state courts.  Because hearsay         
evidence is generally not allowed to be presented before the grand jury        
in criminal cases, the lead peace officer investigating the case cannot        
simply testify about what that officer learned from fellow officers            
conducting the investigation.  The lead officer cannot even testify            
before the grand jury about what that officer heard over police radio -        
- the police dispatcher who made the particular radio transmission must        
be called into court to testify about the statement in person.  It             
frequently takes many work hours to prepare, and to be present, to             
testify.                                                                       
                                                                               

1994-03-09                     House Journal                      Page 2685
HB 523                                                                       
As the federal courts in Alaska routinely prove, Alaska's hearsay rule       
does not provide any greater protection of the constitutional rights of        
Alaskans than does the federal practice.  The present state court rule         
unnecessarily pulls dozens of peace officers off patrol every month            
simply to wait around to testify.                                              
                                                                               
                                                                               
The language in Alaska Rule of Criminal Procedure 6(r), which                  
presently prohibits virtually all hearsay testimony in the grand jury,         
should be amended to permit peace officers to testify as to what their       
fellow officers saw or heard -- for example, as to the contents of their     
fellow officers' official police reports.  The state is presently facing a   
projected decline in revenue.  This simple, constitutional, rule change        
can reduce grand jury costs to the state by allowing one officer, rather       
than many, to present the relevant evidence, at the same time freeing          
up nontestifying officers to do essential public protection duties.  If        
this bill is enacted, we could save money and keep Alaska's police and         
troopers out on the street fighting crime, without affecting the quality       
of evidence presented to the grand jury.                                       
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"                                                                  
                                                                               
                                                                               
HB 524                                                                       
HOUSE BILL NO. 524 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to a defendant's violation of conditions of                  
release; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               

1994-03-09                     House Journal                      Page 2686
HB 524                                                                       
Fiscal note, Dept. of Corrections, 3/9/94                                      
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
Zero fiscal note, Dept. of Law, 3/9/94                                         
                                                                               
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that would allow peace officers to make warrantless        
arrests when they have reasonable cause to believe that a defendant is         
violating the conditions of release imposed by a court in certain types        
of cases, including stalking, assault, sexual assault, and domestic            
violence cases.  The bill would allow peace officers to take immediate         
action to protect the public, rather than requiring that they contact a        
prosecutor and a judge before arresting the defendant.                         
                                                                               
For example, if a person accused of stalking, domestic violence,               
assault, or sexual assault confronts the victim while the person is            
released on bail, or violates another condition of release, peace officers     
are rarely able to protect the victim or the public in general by making       
an immediate arrest.  Typically, the peace officer must first meet with        
a prosecutor, go into court to file a motion, and obtain a court order         
before they can act to put the defendant back in jail.  Since a large          
percentage of these incidents occur late at night and often involve            
alcohol or drug use by the defendant, these situations are particularly        
dangerous for victims -- and challenging for peace officers,                   
prosecutors, and judges.                                                       
                                                                               
The bill authorizes the warrantless arrest of defendants who have              
violated conditions of release imposed by the court for certain offenses       
to the same extent that warrantless arrests are already authorized under       
existing law for the initial commission of these same offenses.  The           
bill would permit peace officers to promptly arrest accused stalkers and       
other offenders who confront their victims, or otherwise violate               
conditions of release, while on bail.                                          
                                                                               

1994-03-09                     House Journal                      Page 2687
HB 524                                                                       
Protecting Alaskans from stalkers and domestic violence requires               
giving peace officers the tools to act -- to intervene -- and to do so         
immediately.  I urge your favorable action on this bill.                       
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"                                                                  
                                                                               
                                                                               
HB 525                                                                       
HOUSE BILL NO. 525 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act amending Alaska Rule of Evidence 404, relating to the                 
admissibility of certain character evidence in court proceedings."             
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
Zero fiscal note, Dept. of Law, 3/9/94                                         
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that amends Alaska Rule of Evidence 404 in several         
respects to help protect the victims of crimes in this state.                  
                                                                               
In far too many cases of sexual assault, domestic violence, and child          
sexual abuse, Alaska's victims are often themselves "put on trial" in          
the course of criminal proceedings.  The emotional trauma that such            
crime victims routinely suffer in the criminal justice system can in           
some cases be nearly as traumatic as the crime itself.                         

1994-03-09                     House Journal                      Page 2688
HB 525                                                                       
Therefore, in order to address these problems and to better protect            
Alaska's citizenry, especially women and children who are frequently           
the victims of these crimes, we have proposed three changes to Rule            
of Evidence 404 which are intended to accomplish the following three           
goals.                                                                         
                                                                               
                                                                               
The first goal is to reduce the number of times a sexual assault victim        
is "put on trial" by authorizing the admission into evidence of other          
sexual assaults or attempted sexual assaults by the defendant if the           
defendant claims that the victim voluntarily "consented" to the sexual         
activity.  When a defendant argues that the victim consented, the              
prosecution should be permitted to stand up for the victim and rebut           
this claim by introducing evidence to the jury that the defendant has          
sexually assaulted or attempted to sexually assault other victims in the       
past.                                                                          
                                                                               
                                                                               
The second goal is to similarly protect Alaska's sexually abused               
children.  Rule of Evidence 404(b) was intended to prevent sexual              
predators and other child abusers from manipulating juries by hiding           
their past crimes of this type.  Unfortunately, a confusing and                
unnecessary phrase -- "to show a common scheme or plan" -- has been            
misinterpreted by several Alaska courts to exclude evidence meant to           
be allowed under the rule.  This bill would fix that problem by simply         
eliminating this confusing phrase.  Evidence of other sexual assaults          
or sexual abuse by the defendant toward the same or another child              
should be admissible if those acts are similar to the offense charged,         
whether or not the evidence demonstrates a "common scheme or plan."            
This bill also specifies a 10-year time period as being not too remote         
for the admissibility of evidence of prior similar sexual assaults or          
sexual abuse offenses committed by the defendant against children.             
                                                                               
                                                                               
The third goal relates to evidence of past violence on the part of the         
defendant.  In cases of domestic violence and other violent crimes, the        
defendant often claims that the victim was the initial aggressor.  The         
defendant claims, in essence, that "the victim hit me first" and that          
therefore the victim "had it coming."  Under the existing rule of              
evidence, the defendant is then permitted to introduce all sorts of            
evidence about the victim's past reputation for violence -- and hide the     

1994-03-09                     House Journal                      Page 2689
HB 525                                                                       
fact that the defendant's own past contains an even more violent               
record.  This bill would fix the rule by permitting the prosecution to         
stand up for the victim, and to rebut these claims by introducing              
evidence of the defendant's own past violence.                               
                                                                               
A defendant who claims that the victim was the aggressor should not            
be able to hide behind Rule 404 to keep a jury from learning that the          
defendant has an even greater reputation for violence in the                   
community.  The most common relevant character trait of the                    
accused contemplated in this proposed amendment to Rule of                     
Evidence 404(a) is the accuseds reputation for violence or aggression.         
                                                                               
The changes proposed in this bill will help level the playing field for        
the state in its efforts to combat crime.  I urge your favorable action        
on this bill.                                                                  
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel"                                                          
				Governor"                                                                  
                                                                               
                                                                               
HB 526                                                                       
HOUSE BILL NO. 526 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the confidentiality of certain information in             
vehicle records; and providing for an effective date."                         
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Public Safety, 3/9/94                                    
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Law, 3/9/94                                         
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
                                                                               

1994-03-09                     House Journal                      Page 2690
HB 526                                                                       
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that generally makes confidential the addresses and        
telephone numbers of persons identified in registration records, titles,       
and documents maintained by the division of motor vehicles (DMV),              
Department of Public Safety.  This information has been used by                
criminals to learn the residence address of a victim.  Making this             
information generally confidential will help protect the public.               
                                                                               
California passed nearly identical legislation after vehicle registration      
information was used in the notorious stalking murder of actress               
Rebecca Schaeffer in Los Angeles.  Here in Alaska, a convicted                 
murderer used DMV license plate information last year to identify the          
addresses of senior employees of a business before robbing them at             
gunpoint.                                                                      
                                                                               
As it stands now, if the public, including a person planning a crime,          
knows the license plate of a particular car, DMV must release the              
name, address and telephone number of the car owner as a public                
record.  In order to protect the public -- and in keeping with Alaska's        
tradition of protecting the privacy of its citizens -- the attached bill       
amends AS28.05.061 to make the addresses and telephone numbers                 
contained in DMV records confidential unless the requestor has a               
legitimate interest in the information, as determined under regulations        
adopted by the Department of Public Safety.                                    
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"                                                                  
                                                                               
                                                                               
HB 527                                                                       
HOUSE BILL NO. 527 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the maximum period of probation after                     
conviction for certain offenses."                                              

1994-03-09                     House Journal                      Page 2691
HB 527                                                                       
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Corrections, 3/9/94                                 
Zero fiscal note, Dept. of Law, 3/9/94                                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
                                                                               
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill extending the maximum period of probation that             
may be imposed when a defendant is convicted of a felony sex                   
offense.  Current law allows a maximum period of probation of only             
five years.  This bill increases that time period to 10 years for the          
felony offenses of sexual assault and sexual abuse of a minor.                 
                                                                               
Among other benefits, this simple proposal will help protect Alaska's          
children and others from sexual assault or abuse because it will allow         
the courts to impose a longer period of probation for these defendants.        
If the defendant completes the first five years of probation without           
violating the terms set by the court, the additional probationary period       
will be unsupervised.  If, however, the defendant demonstrates an              
inability to comply with the court's conditions, the additional                
probationary period will be supervised.                                        
                                                                               
We can't lock all these offenders up forever.  But by simply extending         
the allowable period of probation to up to 10 years for these felony           
offenses, we can give the courts the tool they need to monitor these           
offenders longer in order to better protect the public, without the more       
expensive costs of full-time incarceration.                                    
                                                                               
Proposals like this have been pending in the legislature during the past       
several years.  It is generally supported by both prosecutors and              
defense lawyers, and should be acted upon this session.                        

1994-03-09                     House Journal                      Page 2692
HB 527                                                                       
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"                                                                  
                                                                               
                                                                               
HB 528                                                                       
HOUSE BILL NO. 528 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act amending Alaska Rule of Criminal Procedure 24(d)                      
relating to peremptory challenges of jurors in felony criminal                 
proceedings."                                                                  
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/9/94                         
Zero fiscal note, Dept. of Law, 3/9/94                                         
Zero fiscal note, Dept. of Public Safety, 3/9/94                               
                                                                               
The Governor's transmittal letter, dated March 9, 1994, appears below:         
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to peremptory challenges of jurors in felony      
criminal proceedings.  During jury selection for felony trials, such as        
for murder, sexual assault, domestic violence, or child abuse,                 
peremptory challenges are used by both prosecutors and defense                 
lawyers to remove potential jurors from the case in an effort to obtain        
a fair jury to hear the case.  But current court rules allow criminal          
defendants to peremptorily challenge 10 jurors without stating a cause,      
while prosecutors are only permitted to challenge six on this basis.         
This difference in the court rules balances the scales unfairly, tilting       
jury selection in favor of criminal defendants.                                

1994-03-09                     House Journal                      Page 2693
HB 528                                                                       
This bill will amend Alaska Rule of Criminal Procedure 24(d) to give           
prosecutors and defendants the same number of peremptory challenges            
in jury trials in felony criminal cases.  This bill will help level the        
playing field in criminal prosecutions when trying to pick a fair jury         
to hear a criminal case.  Also, allowing both sides six peremptory             
challenges may reduce the cost of criminal trials by reducing the time         
needed for jury selection.                                                     
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
				Sincerely,                                                                 
									/s/                                                                   
				Walter J. Hickel                                                           
				Governor"                                                                  
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 277                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 277                                                            
"An Act relating to public employers defending and indemnifying               
public employees with respect to claims arising out of conduct that            
is within the scope of employment."                                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) 4DP  3NR                                        2157         
	-2 ZERO FISCAL NOTES (ADM, ADM) 1/26/94                          2157         
	JUD RPT  CS(JUD) NEW TITLE  5DP  2NR                             2340         
	-2 PREVIOUS ZERO FNS (ADM, ADM) 1/26/94                          2340         
	FIN REFERRAL WAIVED                                              2585         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1994-03-09                     House Journal                      Page 2694
HB 277                                                                       
CS FOR HOUSE BILL NO. 277(JUD)                                                
"An Act relating to public employers defending and indemnifying               
public employees and former public employees with respect to                   
claims arising out of conduct that is within the scope of                      
employment."                                                                   
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 277(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 277(JUD) was read the third time.                                         
                                                                               
Representative Brown moved and asked unanimous consent that she                
be allowed to abstain from voting due to a potential conflict of interest.     
Objection was heard, and Representative Brown was required to vote.            
                                                                               
The question being:  "Shall CSHB 277(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 277(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses,                   
Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,        
Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis                   
                                                                               
Excused:  Hoffman, Mackie, Ulmer                                               
                                                                               
                                                                               
And so, CSHB 277(JUD) passed the House.                                        
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
CSHB 277(JUD).                                                                 

1994-03-09                     House Journal                      Page 2695
HB 331                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 331                                                            
"An Act relating to claims on permanent fund dividends for                    
defaulted public assistance overpayments."                                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  5DP 1NR                                                 2473         
	-2 FISCAL NOTES (DHSS, DHSS) 2/22/94                             2473         
	-ZERO FISCAL NOTE (REV) 2/22/94                                  2473         
	FIN RPT  6DP 5NR                                                 2572         
	-2 PREVIOUS FISCAL NOTES (2-DHSS) 2/22                           2572         
	-PREVIOUS ZERO FISCAL NOTE (REV) 2/22/94                         2572         
                                                                               
Representative Phillips moved and asked unanimous consent that HB
331 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
HB 331 was read the third time.                                                
                                                                               
The question being:  "Shall HB 331 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 331                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  5   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Foster,                 
Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean,              
Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg,            
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams,       
Willis                                                                         
                                                                               
Nays:  Brice, Davidson, Davies, Finkelstein, Sitton                            
                                                                               
Excused:  Hoffman, Mackie, Ulmer                                               
                                                                               
And so, HB 331 passed the House.                                               

1994-03-09                     House Journal                      Page 2696
HB 331                                                                       
Representative B.Davis gave notice of reconsideration of her vote on           
HB 331.                                                                        
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Phillips 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 - Margaret Guldseth, 1993 Homer Chamber of Commerce,                  
Citizen of the Year                                                            
By Representatives Phillips, G.Davis, Navarre, Bunde, Green, James,            
Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis                         
                                                                               
Honoring - Aleutians East Borough's Community Health Aid Program               
By Representatives Toohey, Moses, Bunde, Hoffman, James, Mackie,               
MacLean, Menard, Navarre, Nordlund, Ulmer, Willis                              
                                                                               
Honoring - Mavis Blazy-Lancaster, Soldotna Chamber of Commerce                 
1993 Person of the Year                                                        
By Representatives G.Davis, Phillips, Navarre, Bunde, Green, James,            
Kott, Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis;                  
Senators Little, Salo                                                          
                                                                               
Honoring - Soldotna High School Boys Swim Team                                 
By Representatives G.Davis, Phillips, Navarre, Bunde, Green, James,            
Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis; Senators               
Little, Salo                                                                   
                                                                               
Honoring - Tom Mears, Soldotna Chamber of Commerce, Special                    
Service Award                                                                  
By Representatives G.Davis, Phillips, Navarre, Bunde, Finkelstein,             
Green, James, Mackie, MacLean, Menard, Mulder, Toohey, Ulmer,                  
Willis; Senators Little, Salo                                                  
                                                                               
Honoring - Bill and Maxine Bullington, Soldotna Chamber of                     
Commerce, 1993 Volunteers of the Year                                          
By Representatives G.Davis, Phillips, Navarre, Bunde, Green, James,            
Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis; Senators               
Little, Salo                                                                   

1994-03-09                     House Journal                      Page 2697
Honoring - Vern Gehrke, Soldotna Chamber of Commerce, Devoted                  
Service to Young People Award                                                  
By Representatives G.Davis, Phillips, Navarre, Bunde, Green, James,            
Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis; Senators               
Little, Salo                                                                   
                                                                               
Honoring - Kenai River King Salmon Fund, Soldotna Chamber of                   
Commerce Community and Civic Affairs Award                                     
By Representatives G.Davis, Phillips, Navarre, Bunde, Hoffman,                 
James, Kott, Mackie, Menard, Mulder, Toohey, Ulmer, Willis; Senators           
Little, Salo                                                                   
                                                                               
Honoring - Management and Staff of the Peninsula Clarion, Soldotna             
Chamber of Commerce Business People of the Year                                
By Representatives G.Davis, Phillips, Navarre, Bunde, Green, James,            
Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis; Senators               
Little, Salo                                                                   
                                                                               
                                                                               
Honoring - Soldotna Rotary Club, Soldotna Chamber of Commerce                  
Community and Civic Affairs Award                                              
By Representatives G.Davis, Phillips, Navarre, Bunde, Green,                   
Hoffman, James, Mackie, Menard, Mulder, Toohey, Ulmer, Willis;                 
Senators Little, Salo                                                          
                                                                               
                                                                               
Honoring - Marlene Byerly, Soldotna Chamber of Commerce                        
Excellence in Profession Award                                                 
By Representatives G.Davis, Phillips, Navarre, Bunde, James, Mackie,           
Menard, Mulder, Toohey, Ulmer, Willis; Senators Little, Salo                   
                                                                               
                                                                               
Honoring - Erin Cline, Homer Chamber of Commerce, 1993                         
Outstanding Contribution by a Young Person                                     
By Representatives Phillips, Bunde, Green, James, Mackie, MacLean,             
Menard, Mulder, Navarre, Toohey, Ulmer, Willis                                 
                                                                               
                                                                               
Honoring - Eagle Quality Center, Homer Chamber of Commerce, 1994               
Outstanding Community Service by a Business                                    
By Representatives Phillips, Bunde, James, Mackie, Menard, Mulder,             
Navarre, Ulmer, Willis                                                         

1994-03-09                     House Journal                      Page 2698
Honoring - Kachemak Heritage Land Trust, Homer Chamber of                      
Commerce, 1993 Outstanding Non-profit Organization                             
By Representatives Phillips, Bunde, Davies, Finkelstein, Green, James,         
Mackie, Menard, Mulder, Navarre, Toohey, Ulmer, Willis                         
                                                                               
Honoring - Homer High School Mariner Bands                                     
By Representatives Phillips, Bunde, James, Mackie, MacLean, Menard,            
Mulder, Navarre, Ulmer, Willis                                                 
                                                                               
Honoring - Central Peninsula Crime Stoppers in Celebration of Their            
Tenth Anniversary                                                              
By Representatives Phillips, G.Davis, Navarre, Bunde, Green, James,            
Mackie, Menard, Mulder, Ulmer, Willis                                          
                                                                               
Honoring - Steve Dean and Kevin Roscoe, Bronze Medalists, Olympic              
Ice Sculpture Championship                                                     
By Representatives Brice, Brown, Bunde, Davies, Hoffman, James,                
Mackie, MacLean, Menard, Mulder, Navarre, Ulmer, Vezey, Willis                 
                                                                               
In Memoriam - Terris Moore                                                     
By Representatives Phillips, Davies, Bunde, Foster, James, Mackie,             
Menard, Therriault                                                             
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HJR 55                                                                       
Representative Willis brought up reconsideration of the vote on the            
following (page 2657):                                                         
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 55(RES)                                     
Relating to the importance to the economy of Southeast Alaska of              
continued timber harvests on the Tongass National Forest.                      
                                                                               
The Speaker stated that reconsideration of CSHJR 55(RES) would be              
taken up following the Joint Session.                                          
                                                                               
                                                                               
The Speaker stated the House would recess to a call of the Chair for           
a Joint Session and so, the House recessed at 10:46 a.m.                       
                                                                               

1994-03-09                     House Journal                      Page 2699
                                 AFTER RECESS                                
                                                                               
                          JOINT SESSION IN THE HOUSE                         
                                                                               
Speaker Barnes called the House to order and in accordance with                
Uniform Rule 51, turned the gavel over to President Halford, who               
called the Joint Session to order at 11:10 a.m.                                
                                                                               
The purpose of the Joint Session was to consider SS FOR HOUSE                  
SPECIAL CONCURRENT RESOLUTION NO. 3 (disapproving                              
Executive Order No. 89) and the appointment of the Ombudsman.                  
                                                                               
The roll call of the Senate showed 19 members present.                         
Representative Jacko was absent.                                               
                                                                               
The roll call of the House showed 37 members present.                          
Representatives Hoffman, Mackie and Ulmer had been previously                  
excused from a call of the House today.                                        
                                                                               
HSCR 3                                                                       
The following was read the second time:                                        
                                                                               
SS  FOR  HOUSE SPECIAL  CONCURRENT  RESOLUTION                                
NO. 3                                                                          
Disapproving Executive Order No. 89.                                          
                                                                               
The question being:  "Shall the Joint Session pass SSHSCR 3?"  The             
roll was taken with the following result:                                      
                                                                               
HOUSE                                                                        
                                                                               
SSHSCR 3                                                                       
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  10   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Carney, Davies, B.Davis, G.Davis,                 
Finkelstein, Foster, Green, Hanley, Kott, MacLean, Menard, Mulder,             
Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,         
Therriault, Vezey, Williams, Willis                                            
                                                                               
                                                                               

1994-03-09                     House Journal                      Page 2700
HSCR 3                                                                       
Nays:  Bunde, Davidson, Grussendorf, Hudson, James, Larson, Martin,            
Moses, Nicholia, Toohey                                                        
                                                                               
Excused:  Hoffman, Mackie, Ulmer                                               
                                                                               
                                                                               
SENATE                                                                       
SSHSCR3                                                                        
Final Passage                                                                  
                                                                               
YEAS:  10   NAYS:  9   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Duncan, Ellis, Kelly, Lincoln, Little, Pearce, Salo, Zharoff            
Adams, Donley                                                                  
                                                                               
Nays:  Frank, Kerttula, Leman, Miller, Phillips, Rieger, Sharp, Taylor,        
Halford                                                                        
                                                                               
Absent:  Jacko                                                                 
                                                                               
TOTAL:  YEAS: 37  NAYS: 19   EXCUSED: 3   ABSENT:  1                         
                                                                               
And so, the Joint Session passed SSHSCR 3 and it was referred to the           
Chief Clerk for engrossment and enrollment.                                    
                                                                               
                                                                               
                        OMBUDSMAN SELECTION COMMITTEE                        
                                                                               
                                 Stuart C. Hall                                
                                                                               
Senator Taylor moved that the appointment of Stuart C. Hall as                 
Ombudsman be confirmed.                                                        
                                                                               
The question being:  "Shall the appointment of Stuart C. Hall as               
Ombudsman be confirmed?"  The roll was taken with the following                
result:                                                                        
                                                                               
SENATE                                                                       
Ombudsman                                                                      
Confirm - Stuart C. Hall                                                       
                                                                               
YEAS:  17   NAYS:  2    EXCUSED:  0   ABSENT:  1                             

1994-03-09                     House Journal                      Page 2701
Yeas:  Ellis, Frank, Kelly, Kerttula, Leman, Lincoln, Little, Miller,          
Pearce, Phillips, Rieger, Salo, Taylor, Zharoff, Donley, Duncan,               
Halford                                                                        
                                                                             
Nays:  Sharp, Adams                                                            
                                                                               
Absent:  Jacko                                                                 
                                                                               
                                                                               
HOUSE                                                                        
                                                                               
Ombudsman                                                                      
Confirm Stuart C. Hall                                                         
                                                                               
YEAS:  25   NAYS:  12   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis,                
G.Davis, Finkelstein, Grussendorf, Hudson, James, Larson, Mulder,              
Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sitton, Therriault,     
Vezey, Williams, Willis                                                        
                                                                               
Nays:  Bunde, Foster, Green, Hanley, Kott, MacLean, Martin, Menard,            
Moses, Parnell, Sanders, Toohey                                                
                                                                               
Excused:  Hoffman, Mackie, Ulmer                                               
                                                                               
                                                                               
TOTAL:  YEAS: 42  NAYS: 14   EXCUSED: 3   ABSENT:  1                       
                                                                               
                                                                               
And so, Stuart C. Hall was confirmed.                                          
                                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that the Joint                
Session stand in adjournment.  There being no objection, the Joint             
Session adjourned at 11:17 a.m.                                                
                                                                               
                                                                               
The Speaker ordered the House at ease to allow members of the Senate           
to leave the Chamber.                                                          
                                                                               

1994-03-09                     House Journal                      Page 2702
                                 IN THE HOUSE                                
                                                                               
The Speaker called the House back to order at 11:26 a.m.                       
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HJR 55                                                                       
Reconsideration of the following, which had been brought up earlier            
(page 2697), was again before the House in third reading:                      
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 55(RES)                                     
Relating to the importance to the economy of Southeast Alaska of              
continued timber harvests on the Tongass National Forest.                      
                                                                               
                                                                               
The question to be reconsidered:  "Shall CSHJR 55(RES) pass the                
House?"  The roll was taken with the following result:                         
                                                                               
CSHJR 55(RES)--RECONSIDERATION                                                 
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  3   EXCUSED:  3   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green,          
Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin,             
Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell,           
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams,        
Willis                                                                         
                                                                               
Nays:  Brown, Davies, Finkelstein                                              
                                                                               
Excused:  Hoffman, Mackie, Ulmer                                               
                                                                               
Absent:  Davidson                                                              
                                                                               
                                                                               
And so, CSHJR 55(RES) passed the House on reconsideration and was              
referred to the Chief Clerk for engrossment.                                   
                                                                               

1994-03-09                     House Journal                      Page 2703
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House as noted:                
                                                                               
Representative Bunde - from 7:00 p.m., March 31 to 10:00 a.m., plane           
time, April 5, 1994                                                            
                                                                               
Representative Foster - from 6:45 p.m., March 31 to 10:00 a.m., plane          
time, April 5, 1994                                                            
                                                                               
Representative Sanders - after adjournment, March 31 to 10:00 a.m.,            
plane time, April 5, 1994                                                      
                                                                               
Representative Mackie - withdrawal of previous excused absence from            
10:00 a.m. to 6:30 p.m., plane time, March 11, 1994 (page 2661)                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 139                                                                       
The Speaker waived the Judiciary Committee referral on the following           
at the request of Representative Porter, Chair:                                
                                                                               
HOUSE BILL NO. 139                                                            
"An Act establishing a loan guarantee and interest rate subsidy               
program for assistive technology."                                             
                                                                               
HB 139 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 302                                                                       
Representative Mulder added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 302                                                            
"An Act excluding certain recreational activities sponsored by an             
employer from coverage provided under workers' compensation,                   
unless participation is required as a condition of employment; and             
providing for an effective date."                                              
                                                                               
HB 420                                                                       
Representative Mulder added his name as cosponsor to:                          

1994-03-09                     House Journal                      Page 2704
HB 420                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420                                     
"An Act relating to limited liability companies; amending Alaska              
Rules of Civil Procedure 20 and 24; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 55                                                                       
CSHJR 55(RES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HJR 56                                                                       
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 JOINT RESOLUTION NO. 56(RES)                                     
Relating to an exemption for federal land in Alaska from the                  
federal PACFISH management strategy.                                           
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
The complete committee agenda to be considered in the coming week,             
including the required five-day notices for first public hearing, is listed    
in the Friday printed schedule.                                                
                                                                               
Anchorage Caucus                  Capitol 518         12:00 noon, 3/10         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m, March 11, 1994.  There being no                 
objection, the House adjourned at 11:40 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk