Legislature(1995 - 1996)
1995-01-25 House Journal
Full Journal pdf1995-01-25 House Journal Page 0123 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday January 25, 1995 Tenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 39 members present. Representative James was absent. The invocation was offered by the Chaplain, Reverend Leon Thompson of the Chapel by the Lake. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear God, A new day has dawned and new opportunities present themselves to each of us. May we use this day carefully and wisely, making the most of our time and efforts. We give thanks for the commitment of these representatives of the people of Alaska. We thank You for their time and talents shared and for the giving of themselves in service. Help them to feel the weight of responsibility upon their shoulders. Give them courage and power to act on the things that will bring goodness and health to the people of this land. Help them to deal with issues of justice for the good of all. We give thanks that You, oh God, have given us minds to think, wills to act, and spirits to love. May we use all that has been given to us to honor You. 1 1995-01-25 House Journal Page 0124 Guide the Senate and House this day in their work that they would find fulfillment in what they do and in how they do it. May they put their hearts into their work, that their work may get into their hearts. We pray all this to the One who created us and sustains us. Amen." The Pledge of Allegiance was led by Representative Grussendorf. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the eighth and ninth legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. ANNOUNCEMENTS Minority Caucus Capitol 211 upon recess, 1/25 Representative Vezey moved and asked unanimous consent that the House recess to a call of the Chair. There being no objection, the House recessed at 10:14 a.m. AFTER RECESS The House was called back to order at 3:32 p.m. **The presence of Representative James was noted. COMMUNICATIONS The following reports were referred to the Finance Committee and are also on file in the Chief Clerk's office: 1995-01-25 House Journal Page 0125 Dept. of Administration Monetary Terms of the collective bargaining agreement between the State of Alaska and the Labor, Trades and Crafts Unit (as required by AS 23.40.215) Monetary Terms of the collective bargaining agreement between the State of Alaska and the Supervisory Unit represented by the Alaska Public Employees Association (as required by AS 23.40.215) Monetary Terms of the collective bargaining agreement between the State of Alaska and unlicensed employees on the Alaska Marine Highway System represented by the Inlandboatmen's Union (as required by AS 23.40.215) The following reports are on file in the Chief Clerk's office: Dept. of Administration Division of Personnel Office of Equal Employment Opportunity Report on Nonpermanent and Emergency Employment, 1994 (as required by AS 39.25.195(h)) Dept. of Commerce & Economic Development Annual Examination and Evaluation of the Alaska Commercial Fishing and Agriculture Bank (as required by AS 44.81.270(c)) Dept. of Military & Veterans' Affairs State Emergency Response Commission Transition Report, December 2, 1994 REPORTS OF STANDING COMMITTEES The Judiciary Committee recommends ratification of the reappointment of Ed Granger and Margie Mac Neille (page 13) as public members to the Select Committee on Legislative Ethics commencing January 1, 1995. 1995-01-25 House Journal Page 0126 The reports were signed by Representative Porter, Chair; Representative Green, Vice Chair; and, Representatives Bunde, Vezey, B.Davis, Toohey and Finkelstein. HB 42 The State Affairs Committee has considered: HOUSE BILL NO. 42 "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting." and recommends it be replaced with: CS FOR HOUSE BILL NO. 42 (STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Robinson, James No recommendation (2): Ivan, Willis The following fiscal note applies to CSHB 42(STA): Fiscal note, Office of the Governor, 1/25/95 HB 42 was referred to the Judiciary Committee. 1995-01-25 House Journal Page 0127 REPORTS OF SPECIAL COMMITTEES HJR 13 The House Special Committee on Oil and Gas has considered: 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 13 (O&G) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Brice, Williams, G.Davis, B.Davis, Rokeberg No recommendation (1): Finkelstein The following fiscal note applies to CSHJR 13(O&G): Zero fiscal note, Dept. of Natural Resources, 1/25/95 HJR 13 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Frances Dinkel By Representative Kohring; Senators Halford, Green Honoring - Don "Dusty" Johnson; Honorable Mention Top Cop Award By Representative Brice 1995-01-25 House Journal Page 0128 Honoring - The Alaska School Nurses Association By Representative B.Davis Honoring - The League of Women Voters 75th Anniversary By Representative Robinson In Memoriam - Maxwell Hartley Gifford Jr. By Senator Kelly and the following, which was taken up later as a Special Order of Business: Honoring - Edgar Nollner By Senator Lincoln; Representative Nicholia INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 6 HOUSE CONCURRENT RESOLUTION NO. 6 by Representative B.Davis: Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to presiding officers pro tempore; and providing for an effective date. was read the first time and referred to the Rules Committee. HCR 7 HOUSE CONCURRENT RESOLUTION NO. 7 by Representatives Phillips, Vezey, Toohey, Bunde, Ogan and Mulder: 1995-01-25 House Journal Page 0129 HCR 7 Strongly urging the Governor to continue the lawsuit known as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's position that the United States Secretary of the Interior and Secretary of Agriculture do not have the authority to assume management of fish and wildlife on public land in the State of Alaska. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 22 HOUSE JOINT RESOLUTION NO. 22 by Representatives Vezey, Ogan and Toohey: Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the State Affairs Committee. HJR 23 HOUSE JOINT RESOLUTION NO. 23 by Representatives Austerman, Ivan and Foster: 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 Labor & Commerce Committee. HJR 24 HOUSE JOINT RESOLUTION NO. 24 by Representatives Moses and Austerman: 1995-01-25 House Journal Page 0130 HJR 24 Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. was read the first time and referred to the House Special Committee on Fisheries. HJR 25 HOUSE JOINT RESOLUTION NO. 25 by Representative Grussendorf: Relating to a ban on trawling in the eastern Gulf of Alaska. 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 114 HOUSE BILL NO. 114 by Representatives B.Davis and Davies, entitled: "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education, for community schools programs, and for school construction debt retirement; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 115 HOUSE BILL NO. 115 by the House Labor & Commerce Committee, entitled: "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." 1995-01-25 House Journal Page 0131 HB 115 was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 116 HOUSE BILL NO. 116 by the House House Special Committee on Fisheries, entitled: "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce and Finance Committees. HB 117 HOUSE BILL NO. 117 by Representative Austerman, entitled: "An Act relating to the membership of the board of directors of the Alaska Seafood Marketing Institute." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce Committee. HB 118 HOUSE BILL NO. 118 by Representative Austerman, entitled: "An Act relating to seafood marketing, to the definition of 'seafood' for purposes of the Alaska Seafood Marketing Institute, and to an aquatic farm product marketing tax; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce and Finance Committees. HB 119 HOUSE BILL NO. 119 by Representatives Kubina and Davies, entitled: 1995-01-25 House Journal Page 0132 HB 119 "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 120 HOUSE BILL NO. 120 by Representatives Porter and Toohey, entitled: "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." was read the first time and referred to the Judiciary and Finance Committees. HB 121 HOUSE BILL NO. 121 by Representatives Williams, Therriault, Ogan, Grussendorf, Toohey, Mulder and Rokeberg, entitled: "An Act relating to the timber resources within the state." was read the first time and referred to the Resources Committee. HB 122 HOUSE BILL NO. 122 by Representatives Moses, Grussendorf and Mackie, entitled: "An Act authorizing payment of a portion of the motor fuel tax on boats and watercraft as refunds to municipalities; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 123 HOUSE BILL NO. 123 by Representatives Moses and Grussendorf, entitled: 1995-01-25 House Journal Page 0133 HB 123 "An Act relating to the management of fisheries to protect fish habitat." was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. HB 124 HOUSE BILL NO. 124 by Representative Toohey, entitled: "An Act extending the termination date of the Board of Nursing Home Administrators; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. UNFINISHED BUSINESS Representative Vezey moved that the House confirm the appointment of Ed Granger to the Select Committee on Legislative Ethics. The question being: "Shall the House confirm the appointment of Ed Granger to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Ed Granger YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: B.Davis, Mulder And so, the appointment of Ed Granger was confirmed. Representative Vezey moved that the House confirm the appointment of Margie Mac Neille to the Select Committee on Legislative Ethics. 1995-01-25 House Journal Page 0134 The question being: "Shall the House confirm the appointment of Margie Mac Neille to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Margie Mac Neille YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: B.Davis, Mulder And so, the appointment of Margie Mac Neille was confirmed. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Kubina - from 6:30 a.m., plane time, January 27 to 9:29 a.m., plane time, January 30; and, from 9:45 a.m., plane time, February 2 to 9:29 a.m., plane time, February 6, 1995 Representative Kott - from 6:40 p.m., plane time, February 1 to 10:16 p.m., plane time, February 5, 1995 Representative MacLean - from 9:45 a.m., plane time, January 30 to 5:57 p.m., plane time, February 5, 1995 Representative Therriault - from 6:00 p.m., plane time, January 27 to 9:20 a.m., plane time, January 31, 1995 (amended from page 118) SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the following citation be taken up as a Special Order of Business at this time: 1995-01-25 House Journal Page 0135 Honoring - Edgar Nollner By Senator Lincoln; Representatives Nicholia, Phillips, Bunde, James, Kubina, Sanders, Vezey, Willis There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. HJR 8 Representative Kohring added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 8 Relating to mandates and other conditions imposed on the states by the federal government. HJR 13 Representative Green added his name as cosponsor 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. HB 68 Representative Green 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 70 Representative Green added his name as cosponsor to: 1995-01-25 House Journal Page 0136 HB 70 HOUSE BILL NO. 70 "An Act relating to treatment of permanent fund dividends for purposes of determining eligibility for certain benefits; and providing for an effective date." HB 74 Representatives B.Davis and Rokeberg added their names as cosponsors to: HOUSE BILL NO. 74 "An Act relating to the assault of children by adults." HB 75 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 75 "An Act relating to criminal mischief." HB 83 Representatives Kohring and Toohey added their names as cosponsors to: HOUSE BILL NO. 83 "An Act relating to state implementation of federal statutes." HB 104 Representative Green added his name as cosponsor to: HOUSE BILL NO. 104 "An Act relating to disclosures of information about certain minors." HB 110 Representative Green added his name as cosponsor to: HOUSE BILL NO. 110 "An Act relating to the confidentiality of certain information in motor vehicle records; and providing for an effective date." HB 113 Representative Kubina added his name as cosponsor to: 1995-01-25 House Journal Page 0137 HB 113 HOUSE BILL NO. 113 "An Act relating to reports by fishing vessels that are not registered under the laws of the state." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Upon adjournment, 1/26 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m, January 26, 1995. There being no objection, the House adjourned at 4:25 p.m. Suzi Lowell Chief Clerk