Legislature(1995 - 1996)

1995-01-26 House Journal

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1995-01-26                     House Journal                      Page 0139
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Thursday          January 26, 1995         
                                                                               
                                                                               
                                 Eleventh Day                                
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:26 a.m.                                                         
                                                                               
                                                                               
Roll call showed 38 members present.  Representatives Grussendorf              
and Navarre had been previously excused from a call of the House               
today.                                                                         
                                                                               
                                                                               
The invocation was offered by the Chaplain designee, Representative            
Martin.  Representative Parnell moved and asked unanimous consent              
that the invocation be spread on the journal.  There being no objection,       
it appears below:                                                              
                                                                               
"Let us pray,                                                                 
                                                                               
Lord, make us instruments of Thy peace.  Where there is                       
hatred, let us so love.  Where there is injury, pardon.  Where                 
there is doubt, faith.  Where there is despair, hope.  Where                   
there is darkness, light.  Where there is sadness, joy.                        
                                                                               
O, Divine Master, grant that we may not so much seek to be                    
consoled as to console.  To be understood as to understand.                    
To be loved as to love.  For it is in giving that we receive.  In              
pardoning that we are pardoned.  It is in dying that we are                    
born to eternal life.  Amen."                                                  
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Nicholia.                   
                                                                               
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1995-01-26                     House Journal                      Page 0140
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 10th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
                                                                               
The following report is on file in the Chief Clerk's office; will appear       
in House & Senate Joint Journal Supplement # 5; and, was referred to           
the Community & Regional Affairs and Finance Committees:                       
                                                                               
Dept. of Community & Regional Affairs                                          
Local Boundary Commission                                                      
Recommendations to the Legislature                                             
January 25, 1995                                                               
(as required by AS 29.06.450(b))                                               
                                                                               
                                                                               
The following report is on file in the Chief Clerk's office:                   
                                                                               
Division of Legislative Audit                                                  
Legislative Budget and Audit Committee                                         
Unabridged 1994 Annual Report                                                  
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 26                                                                        
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 26                                                             
"An Act revising Rule 15, Alaska Rules of Criminal Procedure,                 
relating to depositions, to adopt the comparable federal rule."                
                                                                               
and recommends it be replaced with:                                            
                                                                               

1995-01-26                     House Journal                      Page 0141
HB 26                                                                        
CS FOR HOUSE BILL NO. 26(JUD)                                                 
"An Act amending Rule 15, Alaska Rules of Criminal Procedure,                 
relating to depositions."                                                      
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Toohey, Bunde, Green, B.Davis, Porter                            
                                                                               
No recommendation (1):  Finkelstein                                            
                                                                               
The following fiscal notes apply to CSHB 26(JUD):                              
                                                                               
Fiscal note, Alaska Court System, 1/26/95                                      
Zero fiscal note, Dept. of Public Safety, 1/26/95                              
Zero fiscal note, Dept. of Law, 1/26/95                                        
                                                                               
HB 26 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 27                                                                        
The Judiciary Committee has considered:                                        
                                                                               
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."                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 27(JUD)                                                 
"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 crime against a person; and providing for an effective date."           
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               

1995-01-26                     House Journal                      Page 0142
HB 27                                                                        
Do pass (5):  Toohey, Bunde, Green, B.Davis, Porter                            
                                                                               
No recommendation (2):  Vezey, Finkelstein                                     
                                                                               
                                                                               
The following fiscal notes apply to CSHB 27(JUD):                              
                                                                               
Fiscal notes (3), Dept. of Public Safety, 1/26/95                              
Zero fiscal note, Dept. of Law, 1/26/95                                        
                                                                               
HB 27 was referred to the Finance Committee.                                   
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
In Memoriam - Marilyn Pushcar                                                  
By Representative Foster                                                       
                                                                               
In Memoriam - Willard J. Bennett                                               
By Representative Foster                                                       
                                                                               
In Memoriam - Robert Bittick                                                   
By Representatives Foster, Elton, Phillips                                     
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 8                                                                        
HOUSE CONCURRENT RESOLUTION NO. 8 by Representatives                           
B.Davis and Robinson:                                                          
                                                                               
Designating the month of March as "Women's History Month."                    
                                                                               
was read the first time and referred to the Rules Committee.                   

1995-01-26                     House Journal                      Page 0143
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 125                                                                       
HOUSE BILL NO. 125 by Representatives Green, Toohey and Bunde,                 
entitled:                                                                      
                                                                               
"An Act relating to disclosures to school officials of information            
about certain minors."                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 7                                                                        
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 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.                                                               
                                                                               
The following fiscal note was published:                                       
                                                                               
Zero fiscal note, House Rules Committee/Legislature, 1/26/95                   
                                                                               
Representative Vezey moved and asked unanimous consent that HCR
7 pass the House.                                                              
                                                                               
Objection was heard.                                                           
                                                                               
Representative Mackie rose to a point of order regarding inappropriate         
comments.                                                                      
                                                                               
The Speaker ruled the point out of order.                                      
                                                                               

1995-01-26                     House Journal                      Page 0144
HCR 7                                                                        
Representative Toohey placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
Amendment No. 1 was offered  by Representative Mackie:                          
                                                                               
Page 3, line 1:                                                                
                                                                               
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Insert "."                                                                    
                                                                               
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Delete all material.                                                          
                                                                               
Representative Mackie moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCR 7                                                                          
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan,        
Kubina, Mackie, MacLean, Nicholia, Robinson, Williams, Willis                  
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Green, Hanley, James,                
Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell,             
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                 
                                                                               
Excused:  Grussendorf, Navarre                                                 
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               

1995-01-26                     House Journal                      Page 0145
HCR 7                                                                        
The question being:  "Shall HCR 7 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HCR 7                                                                          
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  14   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Green, Hanley, James,                
Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell,             
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis         
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan,        
Kubina, Mackie, MacLean, Nicholia, Robinson, Williams                          
                                                                               
Excused:  Grussendorf, Navarre                                                 
                                                                               
                                                                               
And so, HCR 7 passed the House.                                                
                                                                               
Representative Mackie gave notice of reconsideration of his vote on            
HCR 7.                                                                         
                                                                               
                                                                               
                            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 - Frances Dinkel                                                      
By Representatives Kohring, James, Kott, Kubina, Mulder, Nicholia,             
Ogan, Rokeberg, Sanders, Toohey, Willis; Senators Halford, Green               
                                                                               
Honoring - Don "Dusty" Johnson; Honorable Mention Top Cop Award                
By Representatives Brice, Bunde, Davies, B.Davis, Green, James,                
Kubina, Mulder, Navarre, Nicholia, Ogan, Sanders, Toohey, Vezey,               
Willis                                                                         
                                                                               

1995-01-26                     House Journal                      Page 0146
Honoring - The Alaska School Nurses Association                                
By Representatives B.Davis, Phillips, Brice, Brown, Bunde, Davies,             
James, Kubina, MacLean, Mulder, Navarre, Nicholia, Robinson,                   
Sanders, Toohey, Vezey, Willis                                                 
                                                                               
Honoring - The League of Women Voters 75th Anniversary                         
By Representatives Robinson, Phillips, B.Davis, James, MacLean,                
Barnes, Brown, Nicholia, Toohey, Austerman, Brice, Bunde, Davies,              
G.Davis, Elton, Finkelstein, Green, Grussendorf, Kubina, Mulder,               
Navarre, Sanders, Vezey, Willis; Senators Pearce, Salo, Lincoln, Green         
                                                                               
In Memoriam - Maxwell Hartley Gifford Jr.                                      
By Senator Kelly; Representatives Phillips, Brice, Brown, Bunde,               
B.Davis, G.Davis, Finkelstein, Foster, James, Kubina, MacLean,                 
Mulder, Navarre, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey,           
Willis                                                                         
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House as noted:                 
                                                                               
Representative Williams - from 2:20 p.m., plane time, January 27 to            
10:06 p.m., plane time, January 29, 1995                                       
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                               RECONSIDERATION                               
                                                                               
HCR 7                                                                        
Representative Mackie moved and asked unanimous consent that the               
reconsideration of HCR 7 be held until January 30, 1995.                       
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall the reconsideration of HCR 7 be held until         
January 30, 1995?"  The roll was taken with the following result:              
                                                                               
HCR 7 - Reconsideration Hold to January 30                                     
                                                                               
YEAS:  14   NAYS:  23   EXCUSED:  2   ABSENT:  1                             
                                                                               

1995-01-26                     House Journal                      Page 0147
HCR 7                                                                        
Yeas:  Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton,               
Finkelstein, Kubina, Mackie, MacLean, Nicholia, Robinson, Willis               
                                                                               
Nays:  Barnes, Foster, Green, Hanley, Ivan, James, Kelly, Kohring,             
Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter,           
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                         
                                                                               
Excused:  Grussendorf, Navarre                                                 
                                                                               
Absent:  Bunde                                                                 
                                                                               
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 13                                                                     
Representative G.Davis 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 26                                                                        
Representative B.Davis added her 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 65                                                                        
Representatives Brice, Brown, Mackie, B.Davis, Finkelstein, and                
Kubina added their names as cosponsors to:                                     
                                                                               
HOUSE BILL NO. 65                                                             
"An Act establishing a loan guarantee and interest rate subsidy               
program for assistive technology."                                             
                                                                               

1995-01-26                     House Journal                      Page 0148
HB 86                                                                        
Representative Kohring, a cosponsor (page 75), changed his name to             
first cosponsor to:                                                            
                                                                               
HOUSE BILL NO. 86                                                             
"An Act relating to municipal property taxes."                                
                                                                               
HB 109                                                                       
Representative B.Davis added her name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 109                                                            
"An Act relating to telephone directory listings and solicitations."          
                                                                               
HB 113                                                                       
Representative Mackie added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 113                                                            
"An Act relating to reports by fishing vessels that are not                   
registered under the laws of the state."                                       
                                                                               
HB 121                                                                       
Representatives Kelly and Kott added their names as cosponsors to:             
                                                                               
HOUSE BILL NO. 121                                                            
"An Act relating to the timber resources within the state."                   
                                                                               
                                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 27, 1995.  There being no              
objection, the House adjourned at 12:17 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk