Legislature(1995 - 1996)
1995-01-30 House Journal
Full Journal pdf1995-01-30 House Journal Page 0171 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday January 30, 1995 Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:07 a.m. Roll call showed 37 members present. Representatives MacLean and Therriault had been previously excused from a call of the House today. Representative Finkelstein was absent. The invocation was offered by the Chaplain, Father Peter Gorges of the Roman Catholic Church. Representative B.Davis moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, once again we ask You to bless what we are about in this legislative session. Open our eyes, so that we can see things the way You see them. Touch our hearts, so that we can understand right and wrong, the way You have ordained it. Strengthen our wills, so that we will have the courage to fight for what is right, and take appropriate steps to eliminate what is wrong. Give each one of us a genuine spirit of cooperation, so that we can work effectively with each other in the House ... and with our colleagues in the Senate ... and with the men and women in the administration. Amen." The Pledge of Allegiance was led by Representative Toohey. 1 1995-01-30 House Journal Page 0172 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 12th, 13th and 14th legislative days and House & Senate Joint Journal Supplement No. 5 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The Speaker appointed Representative Foster to the Joint Task Force on Military Bases created by the passage of Legislative Resolve 46 in 1994. In addition, the Speaker reappointed Representatives Mulder and Kott to the task force. The following reports are on file in the Chief Clerk's office: University of Alaska Statewide Office of Land Management Annual Report, December 1994 Alaska Housing Finance Corporation Combined Financial Statements and Combining Schedules Review and Report of Corporate Assets June 30, 1994 and 1993 (as required by AS 18.56.089(b)) Dept. of Community & Regional Affairs National Petroleum Reserve Alaska Impact Mitigation Program January 1995 **The presence of Representative Finkelstein was noted. REPORTS OF STANDING COMMITTEES HJR 13 The Resources Committee has considered: 1995-01-30 House Journal Page 0173 HJR 13 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 Green, Co-Chair, with the following individual recommendations: Do pass (6): Williams, Ogan, Barnes, Austerman, Kott, Green Amend (1): Nicholia 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 Finance Committee. HB 9 The Judiciary Committee has considered: HOUSE BILL NO. 9 "An Act relating to recovery of damages from a minor's parent or legal guardian when property is destroyed by the minor." and recommends it be replaced with: CS FOR HOUSE BILL NO. 9(JUD) "An Act relating to recovery of damages from a minor's parent or legal guardian when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." 1995-01-30 House Journal Page 0174 HB 9 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Vezey, Porter, Green, Toohey, Bunde No recommendation (2): Finkelstein, B.Davis The following fiscal notes apply to CSHB 9(JUD): Zero fiscal note, Dept. of Law, 1/30/95 Zero fiscal notes (2), Dept. of Administration, 1/30/95 Zero fiscal notes (2), Dept. of Health & Social Services, 1/30/95 HB 9 was referred to the Finance Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 135 HOUSE BILL NO. 135 by the House Health, Education & Social Services Committee, entitled: "An Act relating to student loans; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 136 HOUSE BILL NO. 136 by Representative Martin, entitled: "An Act mandating the sale of the Alaska Railroad; and providing for an effective date." was read the first time and referred to the Transportation, State Affairs and Finance Committees. HB 137 HOUSE BILL NO. 137 by the House Rules Committee by request of the Governor, entitled: 1995-01-30 House Journal Page 0175 HB 137 "An Act making supplemental appropriations for operating expenses of state government for fiscal year 1995; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 30, 1995 appears below: "Dear Speaker Phillips: I am submitting supplemental appropriations for fiscal year 1995 to the Legislature in two parts. Appropriations requiring immediate attention are being sent to you and Senate President Pearce today. The rest will be sent within two weeks. The bill I am sending today addresses five activity areas where expenditure authority is virtually exhausted. The Legislature's immediate attention is necessary if the state is to continue operations within approved appropriation levels. Due to the nature of the requests, I am recommending an immediate effective date for this bill and would appreciate your earliest possible attention to it. The five areas are not unfamiliar to the Legislature. The Department of Corrections is under court order to correct problems in the prisons. The mental health lands settlement which was accepted by Judge Greene in December requires that we establish the Mental Health Trust Authority immediately. Response to last summer's Koyukuk River flood requires expenditures in excess of the amounts in the disaster relief fund. There are serious consequences to leaving trooper positions vacant, as necessitated by the funding level approved last spring. Finally, the Legislature expressly funded oil and gas litigation for only one half of the year. Additional information relating to these requests is available to the Legislature from the Office of Management and Budget. 1995-01-30 House Journal Page 0176 HB 137 I urge your early consideration and passage of these supplementals. 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 - Mabel Fennimore, 1994 Beta Sigma Phi "Woman of the Year" By Representatives Grussendorf, Austerman, Brice, Brown, Davies, B.Davis, Foster, Green, James, Kott, Kubina, MacLean, Mulder, Navarre, Nicholia, Robinson, Sanders, Toohey, Willis; Senator Taylor Honoring - 1995 National Engineers' Week By Senator Leman; Representatives Green, Phillips, Bunde, Davies, B.Davis, Foster, Hanley, James, Kubina, Mulder, Navarre, Nicholia, Sanders, Toohey, Vezey, Willis In Memoriam - Robert "Bob" F. Brophy By Representatives Moses, Phillips, Hanley, G.Davis, Williams, Navarre, Mackie, Elton, Grussendorf, Kubina, Ivan, B.Davis, Foster, Green, Hanley, James, Kott, MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Willis; Senators Leman, Taylor, Torgerson, Salo, Zharoff, Duncan, Hoffman 1995-01-30 House Journal Page 0177 RECONSIDERATION SCR 6 Representative Mackie brought up reconsideration of the vote on SCR 6 (page 161). The following was again before the House in second reading: SENATE CONCURRENT RESOLUTION NO. 6 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. Amendment No. 1 was offered by Representative Brown: Page 3, line 5, after "will": Insert "attempt to" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCR 6--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams 1995-01-30 House Journal Page 0178 SCR 6 Nays: Austerman, Barnes, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis Excused: MacLean, Therriault And so, Amendment No. 1 was not adopted. The question to be reconsidered: "Shall SCR 6 pass the House?" The roll was taken with the following result: SCR 6--RECONSIDERATION Second Reading Final Passage YEAS: 23 NAYS: 15 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, Toohey, Vezey, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams Excused: MacLean, Therriault And so, SCR 6 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Austerman - from 6:30 a.m., plane time, February 3 to 8:48 p.m., plane time, February 5, 1995 Representative Masek - from 8:00 a.m., plane time, February 3 to 7:10 p.m., plane time, February 6, 1995 1995-01-30 House Journal Page 0179 There being no objection, it was so ordered. HJR 13 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: 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 13 was referred to the Rules Committee for placement on the calendar. HB 113 Representative Austerman, Chair of the House Special Committee on Fisheries, moved and asked unanimous consent that the five day notice in Rule 23(a) of the Uniform Rules be waived on the following: HOUSE BILL NO. 113 "An Act relating to reports by fishing vessels that are not registered under the laws of the state." There being no objection, it was so ordered. Due to a scheduling error, HB 113 was noticed for a meeting February 2, when it was actually scheduled for Wednesday, February 1. In addition, the United Fishermen of Alaska's presentation will be February 1. HCR 8 Representatives Elton and Parnell added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 8 Designating the month of March as "Women's History Month." HJR 13 Representative Rokeberg added his name as first cosponsor to: 1995-01-30 House Journal Page 0180 HJR 13 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 23 Representative Finkelstein added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 23 Relating to the Western Alaska Community Development Quota Program and the North Pacific Fishery Management Council Comprehensive Rationalization Program. HJR 24 Representative Finkelstein added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 24 Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. HB 65 Representatives Foster and Ivan added their names as cosponsors to: HOUSE BILL NO. 65 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." HB 90 Representatives Mackie, Nicholia, Elton and Finkelstein added their names as cosponsors to: HOUSE BILL NO. 90 "An Act changing the date that the legislature convenes in the years following a gubernatorial election." HB 121 Representatives Green, G.Davis and Foster added their names as cosponsors to: 1995-01-30 House Journal Page 0181 HB 121 HOUSE BILL NO. 121 "An Act relating to the timber resources within the state." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 1, 1995. There being no objection, the House adjourned at 12:06 p.m. Suzi Lowell Chief Clerk