Legislature(1995 - 1996)
1995-01-19 House Journal
Full Journal pdf1995-01-19 House Journal Page 0079 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday January 19, 1995 Fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:05 a.m. Roll call showed 34 members present. Representatives Nicholia, Moses and B.Davis had been previously excused from a call of the House today. Representatives Barnes, Finkelstein and MacLean were absent. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Kubina - from 6:40 p.m., January 20 to 9:00 a.m., January 23, 1995 (amended from page 59). There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend A. Gordon Johnson of the Resurrection Lutheran Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God, it's a wonderful day! We thank You for a night of rest and peace. We thank You Lord for the freedom we enjoy. May we always treasure it and protect it. 1 1995-01-19 House Journal Page 0080 We pray for wisdom to know the truth in all matters and the courage to do what is good and right for all. Amen!!" The Pledge of Allegiance was led by Representative Kott. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the third legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative MacLean was noted. LEGISLATIVE CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - F. Thomas Trotter By Senators Phillips, Halford In Memoriam - Robert D. Richardson By Representative Toohey In Memoriam - Leslie "Les" Robert Gundersen By Representative Toohey In Memoriam - Frank B. Battishill By Representative Toohey In Memoriam - Eldon Robert Ulmer By Representatives Toohey, Porter In Memoriam - Ken Hinchey Senior By Representatives Toohey, Porter In Memoriam - Catherine "Cat" Shackleton By Senator Salo; Representative Navarre 1995-01-19 House Journal Page 0081 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 17 HOUSE JOINT RESOLUTION NO. 17 by Representative Vezey: Proposing an amendment to the Constitution of the State of Alaska relating to education. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 96 HOUSE BILL NO. 96 by Representatives Brown and Davies, entitled: "An Act increasing and requiring annual adjustment of the tax on alcoholic beverages; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 97 HOUSE BILL NO. 97 by Representatives Brown and Davies, entitled: "An Act relating to municipal taxation of alcoholic beverages; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Community & Regional Affairs, Judiciary and Finance Committees. HB 98 HOUSE BILL NO. 98 by Representative Willis, entitled: "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 1995-01-19 House Journal Page 0082 The following Governor's bills are out of numerical sequence because the numbers were preassigned. HB 100 HOUSE BILL NO. 100 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 19, 1995 appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting legislation making appropriations for operating and loan program expenses for fiscal year 1996. AS 37.07.020 requires the Governor to submit an appropriation bill to authorize proposed expenditures to the Legislature before the fourth legislative day. I am separately transmitting two appropriation bills: the attached bill for "general government operations" and another for "formula-funded programs." The general government operations bill reflects the budget turned over to me by my predecessor on December 5 and which I presented to you on December 15, 1994. The only number change is the actual request of the Alaska Court System as submitted to my office after the December 5 budget was prepared. We continue to review the previous administrations budget and to analyze its effect upon the services the state provides. In February, I will transmit my amendments to reflect the budgetary priorities of my 1995-01-19 House Journal Page 0083 HB 100 Administration. At that time, I will make every effort to give you the full picture of FY96 budget needs and potential cost savings. Sincerely, /s/ Tony Knowles Governor" HB 101 HOUSE BILL NO. 101 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for operating expenses for certain programs for which the costs are derived from mandated formulas or criteria, and for expenses for certain leases and contracts for state services and operations; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 19, 1995 appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting legislation making appropriations for formula-funded expenses for fiscal year 1996. AS 37.07.020 requires the Governor to submit an appropriation bill to authorize proposed expenditures to the Legislature before the fourth legislative day. In addition to the attached bill for "formula-funded programs," I am transmitting one for "general government operations." The bills I am introducing reflect the budget turned over to me by my predecessor on December 5 and which I presented to you on December 15, 1994. We continue to review these documents and analyze their effect upon the services the state provides. In February, I will transmit to you amendments that will reflect the budgetary priorities of my Administration. The programs included in this appropriations bill represent the fastest growing area of state government. I look forward to working with the 1995-01-19 House Journal Page 0084 HB 101 Legislature on reviewing alternatives for controlling these program costs. Sincerely, /s/ Tony Knowles Governor" CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Elaine Griffin, Alaska Teacher of the Year By Senator Zharoff; Representatives Austerman, Brice, Brown, Bunde, Davies, G.Davis, Green, Grussendorf, Foster, Hanley, Ivan, James, Kott, Kubina, Mackie, Mulder, Navarre, Ogan, Phillips, Rokeberg, Sanders, Willis In Memoriam - Nina Olsen By Senator Zharoff; Representatives Austerman, Brice, Foster, Ivan, James, Kott, Kubina, Mackie, Rokeberg, Sanders, Willis **The presence of Representatives Finkelstein and Barnes was noted. Representative Vezey moved and asked unanimous consent that the House recess until 7:50 p.m., for a joint session for the Governor's State of the Budget Address. There being no objection, the House recessed at 10:37 a.m. 1995-01-19 House Journal Page 0085 JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Pearce who called the joint session to order at 8:00 p.m. The purpose of the joint session was to hear the State of the Budget Address by the Honorable Tony Knowles, Governor of Alaska. Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce introduced Fran Ulmer, Lieutenant Governor of the State of Alaska. President Pearce introduced Susan Knowles, First Lady of the State of Alaska. President Pearce introduced Annalee McConnell, Director of the Office of Management and Budget; Nancy Slagle, Director of the Division of Budget Review; and, the Honorable Justice Jay Rabinowitz of the Alaska Supreme Court. President Pearce appointed Representative Hanley and Senator Frank to escort the Governor to the joint session. The Senate Sergeant-at-Arms announced the Governor's entrance into the House Chamber. Governor Knowles was escorted to the rostrum and welcomed by President Pearce. Governor Knowles' State of the Budget Address appears in House and Senate Joint Journal Supplement No. 2. The Governor received a standing ovation and was escorted from the Chamber by Representative Hanley and Senator Frank. 1995-01-19 House Journal Page 0086 Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 8:30 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 8:31 p.m. UNFINISHED BUSINESS HJR 3 Representative Bunde added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 3 Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. HJR 5 Representative Bunde added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 5 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. HJR 7 Representative Kubina added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 7 Opposing the ban on the export of Alaska North Slope crude oil; endorsing federal legislation to remove restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and urging the President of the United States to support the legislation to lift the ban on the export of Alaska North Slope crude oil. 1995-01-19 House Journal Page 0087 HJR 9 Representative Kubina added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 9 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. HJR 11 Representatives Kubina and Bunde added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 11 Requesting the Congress of the United States to pass legislation to permit the export of Alaska crude oil. HJR 13 Representatives Kubina and MacLean added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 13 Endorsing, in principle, legislation authorizing oil and gas leasing, exploration, and development on the coastal plain within the Arctic National Wildlife Refuge, provided the legislation does not contain a provision decreasing this state's royalty. HJR 15 Representative MacLean added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 15 Relating to mandates imposed on the states by the federal government. HB 1 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 1 "An Act relating to public school health education." 1995-01-19 House Journal Page 0088 HB 11 Representative MacLean added her name as cosponsor to: HOUSE BILL NO. 11 "An Act directing the Department of Health and Social Services, the Department of Law, and the Department of Public Safety to establish a pilot program to coordinate investigations of sexual abuse and serious physical abuse of children." HB 13 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 13 "An Act requiring persons authorized to make or incur political campaign expenditures before filing for nomination to office and groups acting on behalf of them to file certain election campaign finance disclosure reports." HB 15 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 15 "An Act authorizing disclosure from court records of the name, address, and picture of, and other information about, certain minors for whom a delinquency petition is filed." HB 20 Representative Kubina added his name as cosponsor to: HOUSE BILL NO. 20 "An Act relating to rights in certain tide and submerged land." HB 24 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 24 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." 1995-01-19 House Journal Page 0089 HB 25 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 25 "An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings, to adopt the comparable federal rule." HB 26 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 26 "An Act revising Rule 15, Alaska Rules of Criminal Procedure, relating to depositions, to adopt the comparable federal rule." HB 27 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 27 "An Act directing the Department of Public Safety to establish and maintain a deoxyribonucleic acid (DNA) identification registration system and requiring DNA registration by persons convicted of a felony sex offense; and providing for an effective date." HB 31 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 31 "An Act directing the Department of Public Safety to establish and maintain a deoxyribonucleic acid (DNA) identification registration system and requiring DNA registration by persons convicted of a felony sex offense; and providing for an effective date." HB 33 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 33 "An Act providing for the civil commitment of sexually violent predators." 1995-01-19 House Journal Page 0090 HB 35 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 35 "An Act relating to the grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." HB 39 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 39 "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." HB 44 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 44 "An Act providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date." HB 57 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 57 "An Act relating to driver's licensing; and providing for an effective date." HB 58 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 58 "An Act establishing the Chickaloon Flats Critical Habitat Area." 1995-01-19 House Journal Page 0091 HB 63 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 63 "An Act establishing special request licenses depicting the sport of dog mushing." HB 68 Representative Kubina added his name as cosponsor to: HOUSE BILL NO. 68 "An Act relating to primary election nominees for state executive and legislative offices and regulating the nomination of the candidates for those offices whose names shall be placed on the general election ballot." HB 71 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 71 "An Act relating to the location of the convening of the legislature in regular session; and providing for an effective date." HB 72 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 72 "An Act enacting the Uniform Fraudulent Transfer Act." HB 78 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 78 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project." 1995-01-19 House Journal Page 0092 HR 1 Reconsideration of the following was not taken up on this legislative day. It was referred to the Chief Clerk for engrossment and enrollment: HOUSE RESOLUTION NO. 1 Establishing a House Special Committee on Economic Development. ENGROSSMENT AND ENROLLMENT HR 2 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:56 a.m., January 19, 1995: HOUSE RESOLUTION NO. 2 Establishing a House Special Committee on World Trade and State/Federal Relations. HR 3 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:56 a.m., January 19, 1995: HOUSE RESOLUTION NO. 3 Establishing a House Special Committee on International Trade and Tourism. HR 4 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:56 a.m., January 19, 1995: HOUSE RESOLUTION NO. 4 Establishing a House Special Committee on Military and Veterans' Affairs. 1995-01-19 House Journal Page 0093 HR 5 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:56 a.m., January 19, 1995: HOUSE RESOLUTION NO. 5 Establishing a House Special Committee on Fisheries. HR 6 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:45 p.m., January 19, 1995: HOUSE RESOLUTION NO. 6 Establishing a House Special Committee on Oil and Gas. 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. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 20, 1995. There being no objection, the House adjourned at 8:32 p.m. Suzi Lowell Chief Clerk