Legislature(1995 - 1996)
1995-04-26 House Journal
Full Journal pdf1995-04-26 House Journal Page 1523 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 26, 1995 One Hundred First Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:20 a.m. Roll call showed 28 members present. Representative Barnes was excused due to illness. Representatives Finkelstein, Hanley, Ivan, Kott, Kubina, MacLean, Masek, Mulder, Navarre, Parnell and Therriault were absent. The invocation was offered by the Chaplain, Reverend Larry Olson of the Eagle Wings Community Church. Representative G. Davis moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God, watch over all who serve in this chamber. Strengthen tired bodies, clear weary minds and calm troubled spirits. Lord, if we could be so bold as to speak of Oklahoma City one more time. As rescuers near the day care center, prepare them for what they will find. Children are precious, but also the most vulnerable ones in our society. Help us, Lord, to watch over, to protect, to provide for, and simply to pay attention to the children among us. We pray for those people and those causes we name silently now. Amen." The Pledge of Allegiance was led by Representative Austerman. 1 1995-04-26 House Journal Page 1524 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 100th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 150 A message dated April 25, 1995, was read stating the Senate has passed: HOUSE BILL NO. 150 "An Act relating to receipts for bail forfeited in satisfaction for certain offenses." HB 150 was referred to the Chief Clerk for enrollment. HB 151 A message dated April 25, 1995, was read stating the Senate has passed: HOUSE BILL NO. 151 "An Act relating to magistrate jurisdiction in presumptive death proceedings." HB 151 was referred to the Chief Clerk for enrollment. HB 153 A message dated April 25, 1995, was read stating the Senate has passed: HOUSE BILL NO. 153 "An Act relating to the surety bond for certain judicial officers." HB 153 was referred to the Chief Clerk for enrollment. 1995-04-26 House Journal Page 1525 HB 188 A message dated April 25, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 188(JUD) am "An Act creating the crime of indecent viewing or photography." CSHB 188(JUD) am was referred to the Chief Clerk for enrollment. **The presence of Representatives Ivan and Mulder was noted. A message dated April 25, 1995, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 18 CS FOR SS FOR SENATE JOINT RESOLUTION NO. 18(STA) by the Senate State Affairs Committee: Relating to establishment of an Arctic council. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations, the House Special Committee on International Trade & Tourism and the Community & Regional Affairs, State Affairs and Finance Committees. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee Dept. of Revenue Alaska Permanent Fund Corporation Selected Operational Issues February 28, 1995 (as required by AS 24.20.311) 1995-04-26 House Journal Page 1526 REPORTS OF STANDING COMMITTEES HB 226 The Judiciary Committee has considered: HOUSE BILL NO. 226 "An Act permitting the provision of different retirement and health benefits to employees based on marital status." and recommends it be replaced with: CS FOR HOUSE BILL NO. 226(JUD) "An Act permitting the provision of different retirement and health benefits to employees based on marital status except to marital or domestic partners of employees." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Toohey No recommendation (4): Porter, Bunde, Finkelstein, B.Davis Amend (2): Vezey, Green The following fiscal note applies to CSHB 226(JUD): Zero fiscal note, Dept. of Administration/All Departments, 3/20/95 HB 226 was referred to the Finance Committee. HB 238 The Labor & Commerce Committee has considered: HOUSE BILL NO. 238 "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." and recommends it be replaced with: CS FOR HOUSE BILL NO. 238(L&C) (same title) 1995-04-26 House Journal Page 1527 HB 238 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (3): Rokeberg, Sanders, Masek Amend (1): Elton The following fiscal note applies to CSHB 238(L&C): Zero fiscal note, Dept. of Labor, 4/6/95 HB 238 was referred to the Rules Committee for placement on the calendar. SB 147 The Resources Committee has considered: SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 147(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (3): Williams, Ogan, Green No recommendation (2): Austerman, Davies The following fiscal note applies to HCS SB 147(RES): Senate zero fiscal note, Dept. of Fish & Game, 4/10/95 1995-04-26 House Journal Page 1528 SB 147 SB 147 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Finkelstein was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mardene Collins By Senators Green, Halford; Representative Ogan In Memoriam - Henry Kavairlook By Representative Foster In Memoriam - Albert H. Stewart By Senator Zharoff; Representative Austerman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 46 HOUSE JOINT RESOLUTION NO. 46 by Representative Mackie: Endorsing development of the Falls Creek hydropower project. was read the first time and referred to the Resources Committee. **The presence of Representative Navarre was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 323 HOUSE BILL NO. 323 by Representative B.Davis, entitled: "An Act extending eligibility for medical assistance to pregnant women with household incomes not exceeding 185 percent of the 1995-04-26 House Journal Page 1529 HB 323 federal poverty level and changing the order of priority for persons eligible for Medicaid to reflect the extension of eligibility to these pregnant women; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representatives Parnell, Kott, Kubina, Therriault and Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 158 The following, which had been held in second reading until today's calendar (page 1514), was again before the House: CS FOR HOUSE BILL NO. 158(FIN) am "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." Representative Porter placed a call of the House. Amendment No. 45 was offered by Representative Brown: Page 7, lines 10 - 11: Delete ", or that with reasonable probability will be received in the future by the claimant," Representative Brown moved and asked unanimous consent that Amendment No. 45 be adopted. Representative Porter objected. **The presence of Representative Masek was noted. Representative Porter lifted the call. 1995-04-26 House Journal Page 1530 HB 158 The question being: "Shall Amendment No. 45 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 45 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: MacLean And so, Amendment No. 45 was not adopted. Amendment Nos. 46, 47 and 48 were not offered. Amendment No. 49 was offered by Representative Navarre: Page 9, following line 23: Insert a new subsection to read: "(a) This section does not apply if the attorney fees of the offeror are being paid by an insurance company." Representative Navarre moved and asked unanimous consent that Amendment No. 49 be adopted. Representative Porter objected. **The presence of Representative MacLean was noted. 1995-04-26 House Journal Page 1531 HB 158 The question being: "Shall Amendment No. 49 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 49 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: Moses And so, Amendment No. 49 was not adopted. Amendment Nos. 50, 51, 52, 53, 54, 55 and 56 were not offered. Amendment No. 57 was offered by Representative B.Davis: Page 5, lines 28-31: Delete all material. Insert "In a civil action in which punitive damages are plead, the claimant shall file with the court and serve on the Attorney General, within 60 days, a Notice of Claim of Punitive Damages. The Attorney General shall file a notice of election or rejection to join the punitive damage claim within 120 days. If the State joins the claim the court shall require that one-half of any punitive damages award be deposited into the general fund of the state. If the State joins the punitive damages claim, and the claimant is not the prevailing party, then the State shall pay one-half of the costs and attorney fees awarded against the claimant." 1995-04-26 House Journal Page 1532 HB 158 Representative B.Davis moved and asked unanimous consent that Amendment No. 57 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 57 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 57 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: Moses And so, Amendment No. 57 was not adopted. Amendment No. 58 was offered by Representative Navarre: Page 8, line 7, after "benefits": Delete "and may not be subrogated to the rights of a claimant against a person defending a claim" Representative Navarre moved and asked unanimous consent that Amendment No. 58 be adopted. Representative Porter objected. Representative Vezey placed a call of the House on the bill. 1995-04-26 House Journal Page 1533 HB 158 The call was satisfied. The question being: "Shall Amendment No. 58 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 58 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kelly, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 58 was not adopted. Amendment No. 59 was offered by Representative Robinson: Page 9, line 3, after "JUDGMENT": Insert "(a)" Page 9, following line 23: Insert new subsections to read: "(b) This section does not apply if the offeree or the real party in interest is a minor." (c) This section does not apply if the offeree is sixty five or over, and application of the rule would bankrupt the offeree. (d) A party's principle residence is exempt from execution under a judgment for costs and attorney's fees issued under this section. 1995-04-26 House Journal Page 1534HB 158 (e) This provision shall not apply in the event that the court rules that the rejection of the offer was reasonable, given the information available to the rejecting party at the time of the rejection." Representative Robinson moved and asked unanimous consent that Amendment No. 59 be adopted. Representative Vezey objected. Representative Vezey lifted the call. The question being: "Shall Amendment No. 59 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 59 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: MacLean And so, Amendment No. 59 was not adopted. Amendment No. 60 was not offered. Amendment No. 61 was offered by Representative Finkelstein: Page 5, following line 31: Add the following new subsections to read: 1995-04-26 House Journal Page 1535 HB 158 "(e) The limit under (b) of this section does not apply to punitive damages awarded against a person who profited financially from the bad acts described in AS 09.17.020; in which case, punitive damages shall not exceed three times the amount of the profit made or reasonably estimated to be made from the bad acts, or $300,000, whichever is greater. (f) The limit under (b) of this section does not apply to punitive damages awarded by a court or jury against a defendant if the court or jury determines that the outrageous conduct involved an obviously high risk of serious bodily injury to a person." Representative Finkelstein moved and asked unanimous consent that Amendment No. 61 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 61 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 61 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: Mackie And so, Amendment No. 61 was not adopted. 1995-04-26 House Journal Page 1536 HB 158 Amendment No. 62 was offered by Representative Navarre: Page 9, lines 7 & 8: Delete "within 10 days after the service of the offer" Insert "prior to 10 days before the start of trial [WITHIN 10 DAYS AFTER THE SERVICE OF THE OFFER]" Representative Navarre moved and asked unanimous consent that Amendment No. 62 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 62 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 62 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes Absent: Mackie And so, Amendment No. 62 was not adopted. Amendment No. 63 was offered by Representative Brice: Page 5, following line 13: Insert a new subsection to read: 1995-04-26 House Journal Page 1537 HB 158 "(f) The caps in this section do not apply to persons whose main occupation is homemaker or subsistence provider." Representative Brice moved and asked unanimous consent that Amendment No. 63 be adopted. Representative Porter objected. Representative Brice placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 63 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 63 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 63 was not adopted. Amendment No. 64 was offered by Representative Brice: Page 14, following line 31: Insert a new section to read: "*Sec. 34 This Act is repealed if, on or before January 1, 1998, the director of the division of insurance certifies to the Lieutenant governor and the revisor of statues that the liability 1995-04-26 House Journal Page 1538 HB 158 insurance rates filed with the division of insurance have not been reduced by at least one percent from those filed on January 1, 1995. In this section, "liability insurance" means insurance described under AS 21.12.070(a)(2)." Representative Brice moved and asked unanimous consent that Amendment No. 64 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 64 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 64 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Barnes Ivan changed from "Nay" to "Yea". And so, Amendment No. 64 was not adopted. Amendment No. 65 was offered by Representative Porter: Page 9, line 13: Delete "not more" Insert "at least five percent less [NOT MORE]" 1995-04-26 House Journal Page 1539 HB 158 Page 14, line 11: Delete "not more" Insert "at least five percent less" Representative Porter moved and asked unanimous consent that Amendment No. 65 be adopted. Representative Navarre objected and withdrew the objection. There being no further objection, Amendment No. 65 was adopted. CSHB 158(FIN) am will be in third reading on the April 27, 1995, calendar. Representative Vezey moved and asked unanimous consent that the House recess until 5:00 p.m. There being no objection, the House recessed at 12:59 p.m. AFTER RECESS The House was called back to order at 5:22 p.m. A second quorum call showed 23 members present. SECOND READING OF HOUSE BILLS (continued) HB 38 The following was read the second time: HOUSE BILL NO. 38 "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." 1995-04-26 House Journal Page 1540 HB 38 with the: Journal Page STA RPT 4DP 3NR 295 FISCAL NOTE (CORR) 295 JUD RPT CS(JUD) NT 4DP 2NR 836 4 FISCAL NOTES (2-ADM, LAW, COURT) 837 FISCAL NOTE (CORR) 2/10/95 837 FIN RPT CS(JUD) NT 2DP 4NR 2AM 1420 2 FISCAL NOTES (COURT, LAW) 1421 2 ZERO FISCAL NOTES (CORR, DPS) 1421 2 FISCAL NOTES (2-ADM) 3/22/95 1421 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 38(JUD) "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Bunde: Page 7, lines 1 - 3: Delete all material and insert: "(14) "most serious felony" means (A) arson in the first degree, promoting prostitution in the first degree under AS11.66.110(a)(2), or any unclassified or class A felony prescribed under AS11.41; or (B) an attempt, or conspiracy to commit, or criminal solicitation under AS11.31.110 of, an unclassified felony prescribed under AS11.41.;" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1995-04-26 House Journal Page 1541 HB 38 Objection was heard. Representative Brown placed a call of the House and lifted the call. The objection was withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Brown and Bunde: Page 1, line 1, following "sentencing;" (title amendment): Insert "relating to good time credit;" Page 7, line 13: Delete "Except as provided in (b) of this section and notwithstanding" Insert "Notwithstanding [EXCEPT AS PROVIDED IN (b) OF THIS SECTION AND NOTWITHSTANDING]" Page 8, following line 12: Insert a new bill section to read: "* Sec. 18. AS 33.20.010(b) is repealed." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 38(JUD) am "An Act relating to criminal sentencing: relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." Amendment Nos. 3, 4, 5 and 6 were taken up following consideration of Amendment No. 7. 1995-04-26 House Journal Page 1542 HB 38 Amendment No. 7 was offered by Representative Brown: Page 3, line 26: Delete "(1)" Page 3, line 26, following "(a)": Insert "or a definite term of imprisonment under (l)" Page 3, line 28, following "mandatory": Insert "or definite" Page 3, line 29, following "AS 33.20.010": Delete ";" Insert "." Page 3, line 30 through page 4, line 3: Delete all material. Page 4, line 8: Delete "40" Insert "30" Page 8, line 18: Delete "the greater of" Page 8, line 18: Delete "or 30 years" Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Bunde objected. Representative Brown placed a call of the House and lifted the call. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1995-04-26 House Journal Page 1543 HB 38 CSHB 38(JUD) am Second Reading Amendment No. 7 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Absent: Robinson And so, Amendment No. 7 was not adopted. Amendment No. 3 was offered by Representative MacLean: Page 1, lines 1 - 2 (title amendment): Delete "relating to the availability for good time credit for offenders convicted of certain first degree murders;" Page 1, line 3 (title amendment): Delete "good time credit," Page 7, lines 12 - 22: Delete all material. Renumber the following bill sections accordingly. Representative MacLean moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Bunde objected. 1995-04-26 House Journal Page 1544 HB 38 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 38(JUD) am Second Reading Amendment No. 3 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative MacLean: Page 1, lines 1 - 2 (title amendment): Delete "relating to the availability for good time credit for offenders convicted of certain first degree murders;" Page 7, lines 20 - 21: Delete all material. Page 7, line 22: Delete "(2)" Representative MacLean moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1995-04-26 House Journal Page 1545 HB 38 CSHB 38(JUD) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Moses, Navarre, Nicholia, Robinson, Therriault, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Excused: Barnes And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Elton: Page 2, line 3 after "confinement": Insert "and to provide sufficient funding to ensure public safety" Representative Elton moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 38(JUD) am Second Reading Amendment No. 5 YEAS: 14 NAYS: 24 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Porter, Robinson, Willis 1995-04-26 House Journal Page 1546 HB 38 Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Absent: B.Davis And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Elton: Page 2, line 3, after "confinement": Delete "." Insert "; and" Page 2, following line 3: Insert a new paragraph to read: "(5) it is necessary to expand the capacity of the corrections system to accommodate longer sentences for three-time, most serious offenders." Representative Elton moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Bunde objected. Representative Navarre rose to a point of order regarding debate on the amendment. The Speaker cautioned the member to confine remarks to the amendment. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1995-04-26 House Journal Page 1547 HB 38 CSHB 38(JUD) am Second Reading Amendment No. 6 YEAS: 14 NAYS: 24 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Absent: Kott And so, Amendment No. 6 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 4, line 5, after "law,": Insert "but subject to adjustment as provided in AS 12.55.165 and 12.55.175," Page 6, following line 30: Insert new bill sections to read: "* Sec. 13. AS12.55.165 is amended to read: Sec. 12.55.165. EXTRAORDINARY CIRCUMSTANCES. (a) If the defendant is subject to sentencing under (1) AS12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three- judge panel for sentencing under AS12.55.175; or 1995-04-26 House Journal Page 1548 HB 38 (2) AS12.55.125(l) and the court finds by clear and convincing evidence that manifest injustice would result from imposition of the definite term, the court shall enter findings and conclusions and cause a record of the proceedings to be transmitted to a three-judge panel for sentencing under AS12.55.175. (b) In making a determination under (a)(1) [(a)] of this section, the court may not refer a case to a three-judge panel based on the defendant's potential for rehabilitation if the court finds that a factor in aggravation set out in AS12.55.155(c)(2), (8), (10), (12), (15), (17), (18)(B), (20), (21), or (28) is present. * Sec. 14. AS12.55.175(b) is amended to read: (b) Upon receipt of a record of proceedings under AS12.55.165, the three-judge panel shall consider all pertinent files, records, and transcripts, including the findings and conclusions of the judge who originally heard the matter. The panel may hear oral testimony to supplement the record before it. If the panel finds that manifest injustice would result (1) for a record of proceedings transmitted under AS12.55.165(a)(1), from failure to consider relevant aggravating or mitigating factors not specifically included in AS12.55.155 or from imposition of the presumptive term, whether or not adjusted for aggravating or mitigating factors, or (2) for a record of proceedings transmitted under AS12.55.165(a)(2), from imposition of the definite term, it shall sentence the defendant in accordance with this section. If the panel does not find that manifest injustice would result, it shall remand the case to the sentencing court, with a written statement of its findings and conclusions, for sentencing under AS12.55.125. * Sec. 15. AS12.55.175(c) is amended to read: (c) The three-judge panel may in the interest of justice sentence the defendant, for a proceeding transmitted under (1) AS12.55.165(a)(1), to any definite term of imprisonment up to the maximum term provided for the offense or to any sentence authorized under AS12.55.015; (2) AS12.55.165(a)(2), to any definite term of imprisonment not less than the presumptive or minimum term for the offense under AS12.55.125(a), (b), (c), or (i). * Sec. 16. AS12.55.175(e) is amended to read: (e) If the three-judge panel determines under (b)(1) [(b)] of this section that manifest injustice would result from imposition of 1995-04-26 House Journal Page 1549 HB 38 the presumptive term and the panel also finds that the defendant has an exceptional potential for rehabilitation and that a sentence of less than the presumptive term should be imposed because of the defendant's exceptional potential for rehabilitation, the panel (1) shall sentence the defendant to the presumptive term required under AS12.55.125; (2) shall order the defendant under AS12.55.015 to engage in appropriate programs of rehabilitation; and (3) may provide that the defendant is eligible for discretionary parole under AS33.16.090 during the second half of the sentence imposed under this subsection if the defendant successfully completes all rehabilitation programs ordered under (2) of this subsection." Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 38(JUD) am Second Reading Amendment No. 8 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Absent: Green, Masek 1995-04-26 House Journal Page 1550 HB 38 And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 1, line 6, following "convictions;" (title amendment): Delete "and" Page 1, line 6, following "35" (title amendment): Insert "; and providing for an effective date" Page 2, following line 17: Insert a new bill section to read: "* Sec. 3. AS12.55.025(e) is repealed and reenacted to read: (e) Except as provided in (g) and (h) of this section, if the defendant has been convicted of two or more crimes, sentences of imprisonment shall run consecutively. If the defendant is imprisoned upon a previous judgment of conviction for a crime, the judgment shall provide that the imprisonment commences at the expiration of the term imposed by the previous judgment. Nothing in AS12.55.125(a) limits the court's ability to impose consecutive sentences." Renumber the following bill sections accordingly. Page 3, following line 3: Insert a new bill section to read: "* Sec. 5. AS12.55.125(c) is repealed and reenacted to read: (c) A defendant convicted of a class A felony may be sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to the following presumptive terms, subject to adjustment as provided in AS12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, five years; (2) if the offense is a first felony conviction, other than for manslaughter, and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, or knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, fire fighter, correctional officer, emergency medical technician, paramedic, ambulance attendant, or 1995-04-26 House Journal Page 1551 HB 38 other emergency responder who was engaged in the performance of official duties at the time of the offense, seven years; (3) if the offense is a second felony conviction, 10 years; (4) if the offense is a third felony conviction, 15 years." Renumber the following bill sections accordingly. Page 3, following line 10: Insert a new bill section to read: "* Sec. 7. AS12.55.125(f) is repealed and reenacted to read: (f) If a defendant is sentenced under (a) or (b) of this section, (1) imprisonment for the prescribed minimum or mandatory term may not be suspended under AS12.55.080; (2) imposition of sentence may not be suspended under AS12.55.085; (3) imprisonment for the prescribed minimum or mandatory term may not be reduced." Renumber the following bill sections accordingly. Page 3, following line 23: Insert a new bill section to read: "* Sec. 9. AS12.55.125(i) is repealed and reenacted to read: (i) A defendant convicted of sexual assault in the first degree or sexual abuse of a minor in the first degree may be sentenced to a definite term of imprisonment of not more than 30 years, and shall be sentenced to the following presumptive terms, subject to adjustment as provided in AS12.55.155 - 12.55.175: (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, eight years; (2) if the offense is a first felony conviction, and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 10 years; (3) if the offense is a second felony conviction, 15 years; (4) if the offense is a third felony conviction, 25 years." Renumber the following bill sections accordingly. 1995-04-26 House Journal Page 1552 HB 38 Page 4, following line 3: Insert a new bill section to read: "* Sec. 11. AS12.55.125(j) is repealed and reenacted to read: (j) A defendant sentenced to a mandatory term of imprisonment of 99 years under (a) of this section may apply for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory term without consideration of good time earned under AS33.20.010." Renumber the following bill sections accordingly. Page 6, following line 22: Insert a new bill section to read: "* Sec. 16. AS12.55.145(d) is repealed and reenacted to read: (d) Matters alleged in a notice of denial shall be heard by the court sitting without a jury. If the defendant introduces substantial evidence that the defendant is not the person named in a prior judgment of conviction, that the judgment is not authentic, that the conviction did not occur within the period specified in (a)(1)(A) of this section, or that a conviction should not be considered a prior felony conviction under (a)(1)(B) of this section, then the burden is on the state to prove the contrary beyond a reasonable doubt. The burden of proof that two or more convictions should be considered a single conviction under (a)(1)(C) of this section is on the defendant by clear and convincing evidence." Renumber the following bill sections accordingly. Page 7, following line 11: Insert a new bill section to read: "* Sec. 21. AS33.16.090(b) is repealed and reenacted to read: (b) Except as provided in (e) of this section, a prisoner is not eligible for discretionary parole during the term of a presumptive sentence; however, a prisoner is eligible for discretionary parole during a term of sentence enhancement imposed under AS12.55.155(a) or during the term of a consecutive or partially consecutive presumptive sentence imposed under AS12.55.025(e) or (g). A prisoner sentenced to a mandatory 99-year term under AS12.55.125(a) or a definite term under former AS12.55.125(l) is not eligible for discretionary parole during the entire term." 1995-04-26 House Journal Page 1553 HB 38 Renumber the following bill sections accordingly. Page 7, line 21: Delete "this Act" Insert "this bill section" Page 7, following line 22: Insert a new bill section to read: "* Sec. 23. AS33.20.010(a) is repealed and reenacted to read: (a) Except as provided in (b) of this section and notwithstanding AS12.55.125(f)(3) and 12.55.125(g)(3), a prisoner convicted of an offense against the state or a political subdivision of the state and sentenced to a term of imprisonment that exceeds three days is entitled to a deduction of one-third of the term of imprisonment rounded off to the nearest day if the prisoner follows the rules of the correctional facility in which the prisoner is confined. A prisoner is not eligible for a good time deduction if the prisoner has been sentenced to a (1) mandatory 99-year term of imprisonment under AS12.55.125(a) after the effective date of sec. 22 of this Act; or (2) definite term under former AS12.55.125(l)." Renumber the following bill sections accordingly. Page 7, following line 28: Insert a new bill section to read: "* Sec. 25. AS33.30.101(c) is repealed and reenacted to read: (c) The regulations adopted under (a) of this section may not provide for the granting of a furlough of any type to a prisoner sentenced to a definite term of imprisonment under former AS12.55.125(l) unless the prisoner is at all times in the direct custody of a correctional officer while the prisoner is away from the correctional facility." Renumber the following bill sections accordingly. Page 8, following line 12: Insert a new bill section to read: "* Sec. 27. AS33.30.161(b) is repealed and reenacted to read: (b) To be eligible to serve time in a correctional restitution center, the prisoner 1995-04-26 House Journal Page 1554 HB 38 (1) must be employable or eligible to work on community service projects approved by the commissioner and agree to secure employment or participate in community service projects and obey the rules of the center; (2) may not be serving a sentence for conviction of an offense (A) involving violence or the use of force; (B) under AS11.41.320, 11.41.330, or AS11.56.740; (3) may not have been convicted of a felony offense, in the state or another jurisdiction, involving violence or the use of force; (4) may not have been convicted of an offense under AS11.41.410 - 11.41.470 or an offense in the state or another jurisdiction having elements substantially identical to an offense under AS11.41.410 - 11.41.470; and (5) may not have been sentenced to a definite term of imprisonment under former AS12.55.125(l)." Renumber the following bill sections accordingly. Page 8, line 14: Delete "this Act" Insert "this bill section" Page 8, line 15: Delete "sec. 6" Insert "secs. 10 and 11" Page 8, following line 18: Insert new bill sections to read: "* Sec. 30. AS12.55.125(l), 12.55.145(a)(2), 12.55.145(c)(1)(C)(ii), 12.55.145(c)(1)(E), and 12.55.185(14) are repealed. * Sec. 31. Sections 3, 5, 7, 9, 11, 16, 21, 23, 25, 27, and 30 of this Act take effect July1, 2000." Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Bunde objected. 1995-04-26 House Journal Page 1555 HB 38 The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 38(JUD) am Second Reading Amendment No. 9 YEAS: 13 NAYS: 24 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Absent: MacLean, Masek And so, Amendment No. 9 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB38(JUD) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB38(JUD)am will be in third reading on the April 27, 1995, 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: 1995-04-26 House Journal Page 1556 Honoring - Lisa Parker, Girl Scout Gold Award By Representatives Navarre, G.Davis, Phillips, Davies, B.Davis, Elton, Finkelstein, James, Kubina, Mackie, Mulder, Nicholia, Parnell, Rokeberg, Sanders, Toohey, Vezey; Senators Salo, Torgerson Honoring - Mary Elizabeth Lomen By Representatives Vezey, Phillips, B.Davis, Foster, James, Kelly, Mackie, Rokeberg, Sanders, Toohey Honoring - The 1995 Nikiski High School Volleyball Team By Representatives Navarre, G.Davis, Phillips, B.Davis, Elton, James, Kubina, Mackie, Nicholia, Parnell, Sanders, Toohey; Senators Salo, Torgerson Honoring - Edith Holm By Representatives Vezey, Phillips, Brice, B.Davis, Foster, James, Kelly, Mackie, Rokeberg, Sanders, Therriault, Toohey Honoring - Mia Oxley, Child Care Connection By Senator Ellis; Representatives Brown, Davies, B.Davis, Elton, Finkelstein, James, Kubina, Mackie, Navarre, Nicholia, Porter, Robinson, Sanders, Toohey In Memoriam - William Frederick Drake By Representatives Willis, B.Davis, Elton, Foster, James, Kubina, Mackie, Navarre, Nicholia, Rokeberg, Sanders, Toohey; Senator Halford In Memoriam - Nancy Lou Claus By Representatives Vezey, Phillips, B.Davis, Foster, James, Kelly, Kubina, Mackie, Rokeberg, Sanders, Toohey In Memoriam - Harry McDonald By Senators Halford, Phillips; Representative Willis, Kott, Phillips, Bunde, B.Davis, G.Davis, Foster, James, Kohring, Kubina, Mackie, Mulder, Nicholia, Porter, Rokeberg, Sanders, Toohey 1995-04-26 House Journal Page 1557 UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kubina - April 27, 1995 HB 87 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 87 "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." HB 87 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 7 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: SENATE BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." SB 7 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 16 The Speaker waived the Community & Regional Affairs Committee referral on the following at the request of Representative Austerman, Co-chair: CS FOR SENATE BILL NO. 16(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state 1995-04-26 House Journal Page 1558 SB 16 public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." CSSB 16(FIN) am was removed from the Community & Regional Affairs Committee and referred to the Resources Committee. RECONSIDERATION SB 14 Representative Davies brought up reconsideration of the vote on CSSB 14(JUD) (page 1516). The following was again before the House in third reading: CS FOR SENATE BILL NO. 14(JUD) "An Act relating to criminal mischief." The question to be reconsidered: "Shall CSSB 14(JUD) pass the House?" The roll was taken with the following result: CSSB 14(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Navarre Excused: Barnes Absent: MacLean 1995-04-26 House Journal Page 1559 SB 14 And so, CSSB 14(JUD) passed the House on reconsideration, was signed by the Speaker and the Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 130 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 130 "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations." HB 158 Representative Ogan added his name as cosponsor to: CS FOR HOUSE BILL NO. 158(FIN) am "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." HB 306 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 306 "An Act relating to a lien for services provided by a physician." SJR 20 Representative Ivan added his name as cross-sponsor to: 1995-04-26 House Journal Page 1560 SJR 20 CS FOR SENATE JOINT RESOLUTION NO. 20(RES) am Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program. SB 25 Representative Brown added her name as cross-sponsor to: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." SB 85 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." ENROLLMENT HB 173 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:15 a.m., April 26, 1995: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:30 am, 4/27 1995-04-26 House Journal Page 1561 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 27, 1995. There being no objection, the House adjourned at 6:49 p.m. Suzi Lowell Chief Clerk