Legislature(1993 - 1994)
1994-03-09 House Journal
Full Journal pdf1994-03-09 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