Legislature(1995 - 1996)
1995-02-27 House Journal
Full Journal pdf1995-02-27 House Journal Page 0477 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 27, 1995 Forty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:09 a.m. Roll call showed 39 members present. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Nicholia - from 6:30 a.m., plane time, February 27 to 8:48 p.m., February 28, 1995. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Laura Minnich Lockey of the Holy Trinity Episcopal Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, You have given us this good land for our heritage. We humbly ask You that we may always prove ourselves to be a people mindful of Your favor and glad to do Your will. Bless our land with honorable industry and sound learning. Save us from violence, discord and confusion; from pride and arrogance and from all evil. Defend our liberties and fashion into one united people the multitudes brought together in this state out of many cultures and tongues. 1 1995-02-27 House Journal Page 0478 Give the spirit of wisdom to those to whom we entrust the authority of government, that there may be justice and peace at home. In times of prosperity, fill our hearts with thankfulness, and in days of trouble, let us keep our trust in You. In Your Holy Name we pray. Amen." The Pledge of Allegiance was led by Representative Kubina. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 38th, 39th, 40th, 41st and 42nd legislative days, and Senate & House Joint Journal Supplement No. 9 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 24, 1995, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26, of the Alaska Constitution, the Governor submits the following name for legislative confirmation to the position noted. The Speaker referred the following to the House Special Committee on Fisheries and the Resources Committee: Dept. of Fish and Game Commissioner designee Frank Rue A resume for the appointment is on file in the Chief Clerk's office. MESSAGES FROM THE SENATE Messages dated February 22, and 23, 1995, were read stating the Senate has passed the following, and they are transmitted for consideration: 1995-02-27 House Journal Page 0479 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 12 CS FOR SENATE JOINT RESOLUTION NO. 12(RES) by the Senate Resources Committee: Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 13 CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) by the Senate Judiciary Committee, entitled: "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings." was read the first time and referred to the Finance Committee. SB 62 SENATE BILL NO. 62 by Senator Green, entitled: "An Act relating to birth certificates for certain foreign born persons who are adopted." was read the first time and referred to the Health, Education & Social Services Committee. SB 68 CS FOR SENATE BILL NO. 68(HES) am by the Senate Health, Education & Social Services Committee, entitled: 1995-02-27 House Journal Page 0480 SB 68 "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank." was read the first time and referred to the House Special Committee on Fisheries and Health, Education & Social Services Committee. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and appear in House Journal Supplement No. 3 and House & Senate Joint Journal Supplement No. 10. The following reports are on file in the Chief Clerk's office: Dept. of Labor Alaska Labor Relations Agency 1994 Annual Report (as required by AS 23.05.370(4)) Dept. of Health & Social Services Division of Medical Assistance Annual Report, Fiscal Year 1994 University of Alaska 1993-94 Report to the Legislature (as required by AS 14.40.190 REPORTS OF STANDING COMMITTEES HB 42 The Finance 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." 1995-02-27 House Journal Page 0481 HB 42 and recommends it be replaced with: CS FOR HOUSE BILL NO. 42 (STA) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Hanley, Martin, Parnell, Kohring, Grussendorf, Therriault, Foster, Mulder, Brown No recommendation (1): Kelly The following fiscal note applies to CSHB 42(STA): Fiscal note, Office of the Governor, 2/27/95 HB 42 was referred to the Rules Committee for placement on the calendar. HB 80 The Resources Committee has considered: HOUSE BILL NO. 80 "An Act relating to the approval, change, or vacation of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of 'street' and 'subdivision'." and recommends it be replaced with: CS FOR HOUSE BILL NO. 80(CRA) "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date." The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Kott, Barnes, Green, Williams, Austerman 1995-02-27 House Journal Page 0482 HB 80 The following fiscal notes apply to CSHB 80(CRA): Fiscal note, Dept. of Natural Resources, 2/22/95 Fiscal note, Dept. of Community & Regional Affairs, 2/22/95 HB 80 was referred to the Rules Committee for placement on the calendar. HB 132 The Finance Committee has considered: HOUSE BILL NO. 132 "An Act repealing the ability of persons seeking an elective state executive office or a state or national legislative office to petition for inclusion of their names on the state general election ballot; requiring candidates of all political groups for a state or national legislative office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate from each political group that receives the greatest number of votes cast; and requiring candidates of all political groups for state executive office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate for governor from each political group that receives the greatest number of votes cast and the name of the one candidate for lieutenant governor from the same political group that receives the greatest number of votes cast." and recommends it be replaced with: CS FOR HOUSE BILL NO. 132(FIN) "An Act repealing the ability of persons seeking an elective state executive office or a state or national legislative office to petition for inclusion of their names on the state general election ballot; requiring candidates of all political groups for a state or national legislative office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate from each political group that receives the greatest number of votes cast; requiring candidates of all political groups for state executive office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate for governor from each political group that receives 1995-02-27 House Journal Page 0483 HB 132 the greatest number of votes cast and the name of the one candidate for lieutenant governor from the same political group that receives the greatest number of votes cast; and making related amendments applicable to nomination vacancies, nominations for special elections, and submitting material for publication in the election pamphlet." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (8): Mulder, Parnell, Grussendorf, Therriault, Kelly, Kohring, Hanley, Foster No recommendation (2): Martin, Brown The following fiscal note applies to CSHB 132(FIN): Zero fiscal note, Office of the Governor, 2/15/95 HB 132 was referred to the Rules Committee for placement on the calendar. HB 169 The Resources Committee has considered: HOUSE BILL NO. 169 "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the development of the mineral resources of the state." and recommends it be replaced with: CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state." The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Williams, Green, Barnes, Kott, Austerman 1995-02-27 House Journal Page 0484 HB 169 The following fiscal notes apply to CSHB 169(RES): Zero fiscal note, Dept. of Natural Resources, 2/27/95 Zero fiscal note, Dept. of Environmental Conservation, 2/27/95 Zero fiscal note, Office of the Governor, 2/27/95 Zero fiscal note, Dept. of Fish & Game, 2/27/95 HB 169 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bill Reeder, Soldotna Chamber of Commerce 1994 Person of the Year By Representatives G.Davis, Phillips, Navarre; Senators Torgerson, Salo Honoring - Sue Carter for Outstanding Community Service By Representative Phillips Honoring - Sergeant Christopher S. Jensen, NCO of the Year By Representative Vezey Honoring - Specialist James F. Shiver, Soldier of the Year, Fort Wainwright and the U.S. Army Alaska By Representative Vezey Honoring - The Soldiers of the U.S. Army Alaska for Rescue Efforts During the 1994 Koyukuk River Flood By Representative Vezey Honoring - Professor Neal Brown, University of Alaska Fairbanks By Representative Davies Honoring - Klawock Chieftains Girls Basketball Team 1995 Southeast Region V "A" Tournament Champs By Representative Mackie 1995-02-27 House Journal Page 0485 Honoring - Howard Hosken, Upon His Retirement By Representative Mulder Honoring - Kodiak Area Special Olympics By Senator Zharoff; Representative Austerman Honoring - Jim and Millie Tapscott 1995 Fur Rendezvous King and Queen Regents By Senator Green In Memoriam - Richard A. Cooley By Representative Finkelstein In Memoriam - Louise Huelle By Representative Vezey; Senator Sharp In Memoriam - Lloyd Pike By Representative Vezey; Senator Sharp In Memoriam - Margaret M. Zaverl By Representative Foster; and Honoring - John W. Sibert, Ph.D. By Senator Pearce which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 32 HOUSE JOINT RESOLUTION NO. 32 by Representatives Foster, Bunde, Grussendorf and Navarre: Supporting the Alaska Humanities Forum and the National Endowment for the Humanities; endorsing federal legislation reauthorizing and funding the National Endowment for the Humanities; requesting the United States Congress to fund the National Endowment for the Humanities at a fair and reasonable level; and urging the President of the United States to support legislation reauthorizing and funding at a fair and reasonable level the National Endowment for the Humanities. 1995-02-27 House Journal Page 0486 HJR 32 was read the first time and referred to the Health, Education & Social Services and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 186 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 186 by Representative B.Davis, entitled: "An Act extending workers' compensation coverage to certain high school students in uncompensated work-study programs." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 193 HOUSE BILL NO. 193 by Representatives B.Davis and Brice, entitled: "An Act establishing a process for forward funding of education programs; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 194 HOUSE BILL NO. 194 by Representatives B.Davis and Brice, entitled: "An Act making an appropriation for support of kindergarten, primary, and secondary education programs and for the community schools program for fiscal year 1997; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 195 HOUSE BILL NO. 195 by Representative Vezey, entitled: "An Act repealing the laws authorizing milk marketing orders and the milk advisory board." 1995-02-27 House Journal Page 0487 HB 195 was read the first time and referred to the Resources Committee. HB 196 HOUSE BILL NO. 196 by Representative B.Davis, entitled: "An Act relating to civil liability for breast implants; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 197 HOUSE BILL NO. 197 by Representatives Foster and Vezey, entitled: "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 198 HOUSE BILL NO. 198 by Representatives Elton, Robinson and Davies, entitled: "An Act relating to absences from the state and eligibility for permanent fund dividends; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 199 HOUSE BILL NO. 199 by Representative Ogan, entitled: "An Act creating the crime of criminal transmission of HIV." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1995-02-27 House Journal Page 0488 HB 200 HOUSE BILL NO. 200 by Representatives Mulder by request and Foster, entitled: "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 201 HOUSE BILL NO. 201 by the House Rules Committee by request of the Governor, entitled: "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and 604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Corrections, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that addresses many of the problems arising from 1995-02-27 House Journal Page 0489 HB 201 prisoner litigation, sentence appeals, and frivolous or extremely tardy post-conviction relief motions. This bill is intended to ensure that offenders focus their attention on their rehabilitation and reformation, rather than on endless "recreational" litigation. The bill also is intended to promote the finality of convictions, preserve the sanctity of jury verdicts, minimize the litigation of stale claims, and prevent the unjustified dismissal of a criminal case when reprosecution is not possible. Frivolous litigation filed by prisoners misallocates resources of the judiciary, the Department of Law, the Public Defender's Office, the Office of Public Advocacy, the Department of Corrections, and the public. Sections 1-5, 13-15, 17, 20-21, and 31 relate to prisoner litigation. These sections are designed to reduce the number of frivolous suits filed by prisoners that involve the state, its employees, and former employees. This prisoner litigation is preventing the state and the court from giving adequate attention to legitimate lawsuits. Sections 1, 15, and 17 of the bill require prisoners to pay filing fees for civil proceedings according to their ability to pay. Section 1 authorizes the court to summarily dismiss suits or appeals filed by prisoners who pay less than full filing fees when those suits or appeals are frivolous or malicious or fail to state a claim upon which relief can be granted. Sections 2-5 amend the exemptions statutes so that the state can collect judgments entered against prisoner litigants. Section 13 authorizes prisoners to appeal administrative disciplinary decisions when their fundamental constitutional rights were violated. Section 20 authorizes courts to stay the imposition of sanctions arising from a disciplinary decision only if the court finds, among other factors, that the prisoner faces irreparable harm if the stay is not granted and the prisoner is likely to succeed on the merits of the appeal. Sections 7, 8, 11, 12, 18, 22, 27, and 28 relate to sentence appeals. In fiscal year 1994, the court of appeals published opinions from 13 sentence appeals. Twelve of those sentences were upheld by the court of appeals. The court summarily ruled on another 93 sentence appeals in this same time period. Only eight of those were reversed. Thus, over 90 percent of all sentence appeals (97 of 106) have resulted in the 1995-02-27 House Journal Page 0490 HB 201 sentence being affirmed by the court of appeals. This bill limits appeals from the 90 percent of cases in which the lower court's sentences are routinely upheld. Sections 18 and 22 prevent defendants from appealing sentences or portions of sentences that they agreed to as part of a plea agreement with the state. For example, a defendant who agrees to a sentence of up to three years should not be heard to complain if the court imposes a sentence of that length or less. Similarly, secs. 27 and 28 prevent a court from modifying or reducing a sentence that was imposed in accordance with a sentencing agreement. Sections 7 and 11 restrict defendants convicted of felonies from appealing as excessive any sentence of two years or less, while secs. 8 and 12 restrict defendants convicted of misdemeanors from appealing as excessive a sentence of 120 days or less. Most of the remaining sections of this bill set limits on the ability of prisoners to challenge their convictions years after they have already pursued normal appellate procedures and lost. After a prisoner loses on direct appeal, current law allows the prisoner to pursue a second or third round of challenges in state court. These challenges are referred to as "post-conviction relief" proceedings. If the prisoner loses these rounds, the prisoner can start yet another round of challenges in federal court. This bill seeks to reduce the number of third and subsequent rounds of challenges currently allowed under state law. This would limit most prisoners to one direct appeal and one set of post-conviction relief proceedings in the state court system and one set of post- conviction relief proceedings in the federal system. Section 9 creates a new chapter in the code of criminal procedure to govern post-conviction relief procedures for persons convicted of criminal offenses. This chapter delineates the scope of permissible post-conviction relief claims by prohibiting claims based on the erroneous admission of evidence, illegal searches and seizures, and the excessiveness of a sentence. In addition, sec. 9 imposes a maximum time limit from the entry of a conviction for filing an application for post-conviction relief to challenge a judgment of conviction. This section also imposes a one- year limit from the entry of an administrative decision by the Parole Board or Department of Corrections for filing an application for post- conviction relief to challenge a decision involving parole or time accounting. Section 26 imposes a 180-day limit for the filing of a 1995-02-27 House Journal Page 0491 HB 201 motion for a new trial based on newly discovered evidence, while sec. 19 limits the authority of the appellate court to accept late appeals and petitions for hearing in cases involving criminal offenders. Current law allows a defendant to try to withdraw a plea of guilty or no contest after entering the plea or even after being sentenced if the defendant so chooses. Section 25 requires a defendant who wants to withdraw a plea after having been sentenced to file an application for post-conviction relief. Section 26 eliminates the ability of trial judges to grant a new trial on the ground that the jury's verdict is contrary to the weight of the evidence. Sections 6 and 16 prohibit appellate courts from releasing convicted defendants on bail until all of the defendant's convictions are vacated. Section 10 limits indigent offenders' right to an appointed attorney to timely applications for post-conviction relief; appointed counsel will no longer be available for appeals from the denial of post-conviction relief. The bill includes changes to the Alaska Administrative Rules of Court, the Rules of Appellate Procedure, and the Rules of Criminal Procedure, which are necessary to make the rules conform to the proposed statutory changes. Section 32 also amends Criminal Rule 35.1(g) to allow the court in post-conviction relief proceedings to authorize the applicant to participate telephonically or by video conferencing, as an alternative to transporting the applicant to court for the hearing. Finally, secs. 22 and 23 require a court to impose the sentence contemplated by a plea agreement or allow either party to withdraw from the agreement; this is a change from existing law, which allows the court to impose the sentence contemplated in the agreement or impose a sentence more favorable to the defendant. There is no reason that the state should be prohibited from withdrawing from an agreement that the court believes is inappropriate, as defendants are permitted to do. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" 1995-02-27 House Journal Page 0492 HB 202 HOUSE BILL NO. 202 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; changing Alaska Supreme Court Delinquency Rules 3(b) and 8(b); and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Revenue, 2/27/95 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to parental participation and accountability, and the enforcement of restitution orders, in juvenile delinquency proceedings. This bill amends the statutes governing orders in delinquency proceedings to authorize the court to require that parents or guardians of juvenile offenders personally participate in treatment when appropriate, to require attendance of those persons at hearings that concern their children, and to require that parents be responsible for payment of restitution for harm caused by their children. The bill also specifies that the recipient of such a restitution order may enforce payment under the civil code, AS09.35, as if the order were a civil judgment. This bill is intended to increase the effectiveness of the juvenile justice system by increasing parental or guardian involvement and 1995-02-27 House Journal Page 0493 HB 202 responsibility. Juvenile courts currently lack authority to compel parents or guardians to engage in treatment even though the parent's or guardian's behavior may be associated with the juvenile's delinquent behavior. The bill not only requires parental or guardian participation in treatment, but also contains a provision that makes the parent or guardian responsible for covering the cost of that treatment, either through using insurance or other such resource, or paying for the treatment. Under certain circumstances, if the Department of Health and Social Services pays for the treatment, that department may claim the parent's or guardian's permanent fund dividend in reimbursement. It is intended that the provisions in this bill will be enforceable by the contempt powers of the court under AS09.50. The provision in sec. 4 of the bill, which will allow enforcement of a restitution order under the civil code, parallels a provision that already exists in AS12.55.051 of the criminal code for restitution orders entered in adult cases. This will simplify the process for collection under such a restitution order. A victim of a crime perpetrated by a juvenile will be able to seek recovery under a restitution order even after the juvenile reaches age 18 and the juvenile court typically would no longer have jurisdiction over that person. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 203 HOUSE BILL NO. 203 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the meaning of the phrase "previously convicted" as that phrase applies to the operation of a motor vehicle, commercial motor vehicle, aircraft, or watercraft while intoxicated." was read the first time and referred to the Transportation and Judiciary Committees. 1995-02-27 House Journal Page 0494 HB 203 The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Corrections, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the meaning of the phrase "previously convicted" for purposes of this state's driving while intoxicated (DWI) laws. Alaska law tries to discourage repeat offenders by treating them more harshly than first offenders. In keeping with this public policy, the mandatory minimum sentences for second, third, and subsequent drunk driving offenses require more jail time, higher fines, and longer revocations of driving privileges. A repeat DWI offender also is subject to forfeiture of the vehicle or aircraft involved in the commission of the offense, and is precluded from being granted limited license privileges during the time that person's driver's license is revoked. In Burnette v. Municipality of Anchorage, 823 P.2d 10 (Alaska App. 1991), an Alaska court held that a defendant who had a prior DWI conviction from Oregon was not subject to Alaska's enhanced mandatory minimum sentence for second offenses because Oregon's DWI law was less restrictive than Alaska's law. In Oregon, and many other states, a person is presumed intoxicated if there is more than .08 percent by weight of alcohol in the person's blood (BAC). Alaska still uses the .10 percent BAC standard. Because it is possible for a person in Oregon or one of these other states to be convicted of drunk driving with a lower BAC than that required in Alaska, our courts have held that convictions from these states cannot be counted when deciding what is the proper mandatory minimum sentence to impose. This result occurs even if the court records from the other state show that the person's BAC was not .08 or .09 percent, but was actually .10 percent or higher at the time of the offense. 1995-02-27 House Journal Page 0495 HB 203 This is not fair. A person who has been convicted of drunk driving in one state should be treated like a repeat offender when convicted of drunk driving in another state. The person should not be treated like a first offender over and over again because of technical differences between the states' laws. Drunk drivers are dangerous and need to be kept off of our roads. This bill will help do that. It amends DWI-related provisions in AS28 to make clear that the phrase "previously convicted" includes a conviction under a law of another state even if that law allows conviction with a lower BAC level than that used in Alaska. Whether another state's law allows a DWI conviction for .08 or .09 BAC levels, it is still a conviction for drunk driving and it should count as one. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 204 HOUSE BILL NO. 204 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft." was read the first time and referred to the Transportation and Judiciary Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal notes (2), Dept. of Public Safety, 2/27/95 1995-02-27 House Journal Page 0496 HB 204 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to minors operating vehicles after consuming alcohol. Despite our best efforts to date, the number of drunk drivers continues to rise in Alaska. The state needs new tools to respond to the problem of drunk driving. An important step in making our roads and other avenues of transportation safe is to focus on high-risk drivers and let the police take them off the road before tragedy strikes. Two particularly high- risk groups of drivers are those who operate commercial motor vehicles and minors. The legislature addressed commercial motor vehicle operators in 1992, passing stringent laws that keep commercial drivers off the roads when they are under the influence of alcohol. The time has come to do the same with underage drivers, who generally are not allowed under the law to possess or consume any alcohol. This bill establishes a "zero tolerance level" for minors who consume alcohol and then operate a motor vehicle, aircraft, or watercraft. It does this by creating three new criminal violations: "minor operating a vehicle after consuming alcohol," "minor's refusal to submit to a chemical test," and "driving within the 24 hours after being cited for minor operating a vehicle after consuming alcohol." These new offenses are only infractions and cannot result in jail time being imposed. Instead, the penalty is a fine of not more than $1,000, an order that the minor perform community work service, or a combination of the two. An important feature of the proposed new law is that the minor can be taken off the road and to a police station or other location for the administration of a chemical test to determine the presence of alcohol in the minor's blood or breath. If the minor refuses to take the test, that is a separate infraction, much like the misdemeanor crime of refusal we have for driving-while-intoxicated cases. 1995-02-27 House Journal Page 0497 HB 204 This bill's amendments to AS28.15.183 and 28.15.184 would make the minor's driver's license or permit, privilege to drive, or privilege to obtain a license subject to administrative revocation under those "use it, lose it" statutes. Under the bill, a minor who is cited for driving after consuming alcohol is prohibited from operating a motor vehicle, aircraft, or watercraft during the 24 hours after the citation is issued. This will help ensure that the minor stays off the road or other avenues of transportation while under the influence of alcohol. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 205 HOUSE BILL NO. 205 by the House Rules Committee by request of the Governor, entitled: "An Act relating to a claim based on criminal street gang activity; relating to offenses related to criminal street gang activities; relating to the crime of recruitment for, sentencing for, and forfeiture of property relating to criminal street gang activities; restricting criminal street gang offenders from obtaining a permit to carry a concealed handgun; amending Alaska Rule of Civil Procedure 82; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, State Affairs and Judiciary Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal note, Dept. of Corrections, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 1995-02-27 House Journal Page 0498 HB 205 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the prevention of criminal activities by street gangs. These crimes have become a distressing part of life in Anchorage and other urban areas of the state. Gangs have been responsible for drive-by shootings, random brutal violence, and a major increase in drug trafficking. If we cannot control the criminal acts of gangs, we cannot control crime as a whole in this state. This bill will allow us to crack down on criminal activities of gangs in this state in several different ways. First, it creates a civil cause of action for victims against gang members, affording treble damages and full reasonable attorney fees, for harm resulting from the member's participation in the criminal street gang. If the gang member is an unemancipated minor, the parent of the minor is liable, as well. Next, the bill makes it a crime (a class C felony) for a person to use or threaten to use force to induce another person to participate in, or commit a crime on behalf of, a criminal street gang. The bill also makes it a crime (a class A misdemeanor) for an adult to encourage or recruit a minor to participate in a criminal street gang, even if force or the threat of force is not used. The bill allows the court to impose criminal forfeiture to the state of certain property used in or obtained through criminal street gang activities. This bill also makes it an aggravator for presumptive sentencing purposes in felony cases for a person to commit an offense for the benefit of, at the direction of, or in association with a street gang. If the offense is not a felony, this bill will increase the level of the offense, so that a class B misdemeanor that is related to criminal street gang activities will be a class A misdemeanor and a class A misdemeanor that is related to criminal street gang activities will be a class C felony. Crimes committed in association with gang activity generally result in more serious injury or damage than other offenses, and it is appropriate that they be treated more seriously. 1995-02-27 House Journal Page 0499 HB 205 Finally, the bill amends concealed handgun permit statutes in AS18.65 to prohibit those who have committed or are charged with committing certain misdemeanor offenses related to criminal street gang activities from being eligible for a concealed handgun permit. Under existing AS18.65.705(2), a felony charge or conviction, whether or not related to criminal street gang activities, would make a person ineligible for a permit. We need to free our communities from the fear created by criminal activities of street gangs. We can do this by stopping the recruitment of minors into gangs for these activities and by increasing the penalties for those who commit crimes as part of a gang or on behalf of a gang. This bill does both. I urge your favorable action on it. Sincerely, /s/ Tony Knowles Governor" HB 206 HOUSE BILL NO. 206 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the revocation of a minor's license to drive, privilege to drive, or privilege to obtain a driver's license for an offense involving a controlled substance, possession or consumption of alcohol, or the illegal use or possession of a firearm; and requiring the expulsion or suspension of students possessing deadly weapons." was read the first time and referred to the Health, Education & Social Services, Transportation and Judiciary Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Education, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 1995-02-27 House Journal Page 0500 HB 206 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill designed to deter juveniles from illegally using or possessing guns. Our juvenile justice system is trying to deal with the state's ever- growing number of delinquents. The system, however, is already operating at capacity. There are juveniles who know that penalties for minor offenses are rarely imposed. We need to bring home to juveniles in as many ways as possible the message, not only that "crime doesn't pay," but that there are consequences for committing crimes. This bill adds two consequences to our existing laws against possessing guns on school grounds: being expelled from school for at least one year, and losing the privilege to drive. The possession and use of firearms by juveniles has increased dramatically in recent years. In 1993, 76 juveniles in Anchorage were charged with Misconduct Involving Weapons. These cases did not include violent or drug-related offenses in which a juvenile used or possessed a handgun; these cases involved specific weapons offenses. In 1994, there were over 100 cases, and the numbers are still going up. During the 1992-93 school year, 12 students were caught with guns at Anchorage schools. In the 1993-94 school year, that number rose to 27. We need to stop this trend now. The first key component of the bill puts at risk something almost all juveniles care about, the privilege to drive, as a penalty for illegally using or possessing a gun. This provision is contained in section 2, and amends the current "use it, lose it" law. For a first offense, the revocation is 90 days; after that it is for a period of up to one year. The second key component of the bill is set out in sec. 1. It requires school districts to expel for at least one year any student who brings 1995-02-27 House Journal Page 0501 HB 206 a firearm1 to school. This provision is mandated by the federal Gun Free Schools Act, which requires a state that receives federal money under the Elementary and Secondary Education Act to have a provision of this nature in effect by October 20, 1995. In FY 95, the State of Alaska received over $90 million, most of which went directly to local school districts, under the Elementary and Secondary Education Act. This bill will allow Alaska to continue receiving these funds in future years. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor ___________________ 1Under 18 U.S.C. 921, "firearm" does not include a rifle that the owner intends to use solely for sporting, recreational, or cultural purposes." HB 207 HOUSE BILL NO. 207 by the House Rules Committee by request of the Governor, entitled: "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; relating to the depositing of royalties and royalty sale proceeds in the Alaska permanent fund; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Natural Resources, 2/27/95 Zero fiscal note, Dept. of Natural Resources, 2/27/95 Zero fiscal note, Dept. of Revenue, 2/27/95 The Governor's transmittal letter, dated February 27, 1995, appears below: 1995-02-27 House Journal Page 0502 HB 207 "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the reduction of royalties reserved to the state to encourage otherwise uneconomic production of oil and gas from marginal fields and to prolong the production life of declining fields. The bill would change existing royalty reduction provisions to grant the commissioner of the Department of Natural Resources greater discretion to provide royalty relief to lessees when necessary and clarify the commissioner's authority to grant such relief under various provisions in AS38.05.180. The proposed changes will require the lessee to make a clear and convincing showing that a royalty reduction is necessary and is in the best interest of the state. The commissioner may condition granting of a royalty reduction in any way necessary to protect the state's best interests, such as increasing the state's royalty share if the price of oil or gas rises. Finally, the bill maintains the royalty contributions to the permanent fund so that the fund would never receive a royalty less than that provided under existing statutes. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 208 HOUSE BILL NO. 208 by Representatives Moses, Austerman, Williams, Mackie, Grussendorf, Elton and Kubina, entitled: "An Act relating to seafood processing plans of operation and seafood processing standard operating procedures; relating to quality assurance plans; and providing for an effective date." 1995-02-27 House Journal Page 0503 HB 208 was read the first time and referred to the House Special Committee on Fisheries. HB 209 HOUSE BILL NO. 209 by Representative Green, entitled: "An Act relating to the authority of the commissioner of natural resources to allow reductions of royalty on oil and gas leases; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 19 The following was read the second time: HOUSE BILL NO. 19 "An Act relating to the definition of 'fault' as that term is used for the purposes of determining the liabilities of parties in civil actions, setting limitations on civil liability, and authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions." with the: Journal Page JUD RPT 5DP 2NR 265 HJUD LETTER OF INTENT 266 2 ZERO FN (LAW, ADM) 2/8/95 266 FIN RPT 9DP 2NR 362 HJUD LETTER OF INTENT 362 ZERO FISCAL NOTE (LAW, ADM) 2/8/95 362 Representative Vezey moved and asked unanimous consent that HB 19 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1995-02-27 House Journal Page 0504 HB 19 HB 19 was read the third time. The question being: "Shall HB 19 pass the House?" The roll was taken with the following result: HB 19 Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Navarre Excused: Nicholia And so, HB 19 passed the House. Representative Vezey moved and asked unanimous consent that the House adopt the Judiciary Committee Letter of Intent (page 362). Representative Mackie objected. The question being: "Shall the House adopt the Judiciary Committee Letter of Intent?" The roll was taken with the following result: HB 19 Judiciary Committee Letter of Intent YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1995-02-27 House Journal Page 0505 HB 19 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Nicholia And so, the motion passed. Representative Navarre gave notice of reconsideration of his vote on HB 19. SECOND READING OF HOUSE RESOLUTIONS HCR 9 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 9 Relating to Alaska School Bus Driver Appreciation Day. with the: Journal Page TRA RPT CS(TRA) 7DP 438 ZERO FISCAL NOTE (DOE) 439 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) (same title) There being no objection, it was so ordered. The question being: "Shall CSHCR 9(TRA) pass the House?" The roll was taken with the following result: 1995-02-27 House Journal Page 0506 HCR 9 CSHCR 9(TRA) Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Nicholia And so, CSHCR 9(TRA) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 6 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 6(RES) Relating to federally held property in those states, including Alaska, admitted to the Union since 1802. with the: Journal Page RES RPT 6DP 2DNP 444 ZERO FISCAL NOTE (S.RES) 2/3/95 445 Representative Vezey moved and asked unanimous consent that CSSJR 6(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSJR 6(RES) was read the third time. 1995-02-27 House Journal Page 0507 SJR 6 The question being: "Shall CSSJR 6(RES) pass the House?" The roll was taken with the following result: CSSJR 6(RES) Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, B.Davis, Elton, Finkelstein, MacLean, Robinson Excused: Nicholia Absent: Mackie, Masek, Moses And so, CSSJR 6(RES) passed the House. Representative Navarre gave notice of reconsideration of his vote on CSSJR 6(RES). 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: Commemorating - Black History Month, February 1 - 28, 1995 By Representatives B. Davis, Phillips, Barnes, Brice, Brown, Bunde, Davies, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott, Kubina, MacLean, Mackie, Martin, Masek, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Service Cougars, 1994 State Football Champions By Representatives Green, Brice, Bunde, B.Davis, Foster, Hanley, James, Kubina, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis 1995-02-27 House Journal Page 0508 Honoring - North Star Elementary School, Blue Ribbon School of Excellence By Representatives Green, Phillips, Brice, Brown, Davies, B.Davis, Foster, James, Kubina, MacLean, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - Bethel "Lady Warriors" Basketball Team By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre, Robinson, Vezey; Senator Hoffman Honoring - Bethel "Warriors" Basketball Team By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre, Vezey; Senator Hoffman Honoring - Bethel "Warriors" Cheerleaders and Team Mascot By Representatives Ivan, B.Davis, Foster, Mackie, Mulder, Navarre; Senator Hoffman Honoring - Volunteers in Service to America By Senator Duncan; Representatives Elton, Robinson, Brice, Davies, B.Davis, Mackie, Navarre Honoring - Charles Brewster By Senator Green; Representatives B.Davis, Hanley, Martin, Mulder, Robinson, Toohey Honoring - Teresa Garrison By Senator Zharoff; Representatives Foster, B.Davis, James, Kubina, Mackie, Nicholia, Robinson, Sanders, Toohey, Willis Honoring - Alaska Native Education, First Interior Youth Leadership Conference By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan, James, Kubina, MacLean, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey, Willis In Memoriam - Joseph "Joey" Jackovich By Representatives Kelly, Brice, Davies, B.Davis, Mulder, Toohey, Vezey 1995-02-27 House Journal Page 0509 UNFINISHED BUSINESS HB 44 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: 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 44 is in the Judiciary Committee. HB 80 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 80 "An Act relating to the approval, change, or vacation of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of 'street' and 'subdivision'." HB 80 was sent to the Finance Committee. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Ivan - from 6:30 a.m., March 3 to 7:10 p.m., plane time, March 5, 1995 Representative Foster - from 7:00 p.m., March 9 to 9:30 a.m., plane time, March 14, 1995 Representative B.Davis - from 7:10 p.m., March 9 to 12:20 p.m., plane time, March 13, 1995 1995-02-27 House Journal Page 0510 Representative Parnell - from 6:30 a.m., March 9 to 9:29 a.m, plane time, March 10, 1995 Representative Robinson - from 7:10 a.m., March 9 to 6:15 p.m., plane time, March 11, 1995 Representative Masek - from 8:50 p.m., March 10 to 8:48 p.m., plane time, March 13, 1995 There being no objection, it was so ordered. 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: Honoring - John W. Sibert, Ph.D. By Senator Pearce; Representatives Brice, Brown, Bunde, Davies, B. Davis, G. Davis, Elton, Finkelstein, Foster, Hanley, James, Kubina, Mackie, Mulder, Navarre, Porter, Robinson, Rokeberg, 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. UNFINISHED BUSINESS HJR 22 Representative Kott added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 22 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. 1995-02-27 House Journal Page 0511 HJR 31 Representative Kott added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 31 Urging the United States Congress to consider and enact legislation to revise the Internal Revenue Code to levy a flat tax. HB 169 Representative James added her name as cosponsor to: HOUSE BILL NO. 169 "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the development of the mineral resources of the state." HB 173 Representative Kott added his name as cosponsor to: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." HB 175 Representative Ivan added his name as cosponsor to: HOUSE BILL NO. 175 "An Act relating to sport fish guides; and providing for an effective date." HB 192 Representative Ivan added his name as cosponsor to: HOUSE BILL NO. 192 "An Act relating to housing programs of the Alaska Housing Finance Corporation, the corporation's supplemental housing development grants to regional housing authorities, and to housing programs of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing." 1995-02-27 House Journal Page 0512 SJR 6 Representative Ogan added his name as cross-sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 6(RES) Relating to federally held property in those states, including Alaska, admitted to the Union since 1802. SB 13 Representative Toohey added her name as cross-sponsor to: CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings." ENGROSSMENT HCR 9 CSHCR 9(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 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., March 1, 1995. There being no objection, the House adjourned at 12:19 p.m. Suzi Lowell Chief Clerk