Legislature(1993 - 1994)

1993-02-01 House Journal

Full Journal pdf

1993-02-01                     House Journal                      Page 0191
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday           February 1, 1993         
                                                                               
                                                                               
                              Twenty-second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:00 a.m.                                                           
                                                                               
                                                                               
Roll call showed 37 members present.  Representative Therriault had            
been previously excused from a call of the House today.                        
Representatives Menard and Navarre were absent.                                
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Norvell                   
Robertson of the Douglas United Methodist Church.  Representative              
Kott moved and asked unanimous consent that the invocation be                  
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Our Creator, we seek wisdom for this group of men and                        
women who seek justice and fairness for all who live within                    
this state.  Give us the courage to stand up for what we                       
believe, and the strength to share the concerns of many                        
diverse groups in fair and understandable ways.                                
                                                                               
On this day, let us begin anew in order to learn from past                    
failures so we can build for tomorrow.  We seek Your strength                  
and understanding.  Amen."                                                     
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Nicholia.                   
                                                                               
                                                                               
                                       1                                       

1993-02-01                     House Journal                      Page 0192
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the nineteenth, twentieth and twenty-first legislative days        
be approved as certified by the Chief Clerk.  There being no objection,        
it was so ordered.                                                             
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Dept. of Administration                                                        
                                                                               
	Division of Risk Management                                                   
	Annual Report for FY 92                                                       
	(as required by AS 37.05.287)                                                 
                                                                               
	Division of Risk Management                                                   
	FY 92 Actuarial Report from Coopers & Lybrand                                 
	(as required by AS 37.05.287)                                                 
                                                                               
	Division of Finance                                                           
	State Insurance Catastrophe Fund                                              
	as of June 30, 1992                                                           
	(as required by AS 37.05.287)                                                 
                                                                               
Special Education Service Agency                                               
Status of Implementation of the Three Recommendations                          
	Made in the Legislative Audit Report, November 13, 1991                       
(as required by Chapter 40, SLA 1992)                                          
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
EO 83                                                                        
The Resources Committee has considered:                                        
                                                                               
EXECUTIVE ORDER NO. 83                                                        
Merging the State Geographic Board and the Historic Sites                     
Advisory Committee into the Alaska Historical Commission in the                
Department of Natural Resources.                                               
                                                                               

1993-02-01                     House Journal                      Page 0193
EO 83                                                                        
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Approval (6):  Bunde, Davies, James, Green, Hudson, Williams                   
                                                                               
No recommendation (2):  Finkelstein, Carney                                    
                                                                               
A letter of intent, signed by Representative Williams, Chair, appears          
below:                                                                         
                                                                               
House Resources Committee                                                      
Letter of Intent                                                               
for EO 83                                                                      
                                                                               
"The House Resources Committee has considered Executive Order                  
Number 83 and has voted to move it out of Committee. However, the              
committee wishes to express its concern about a legal issue which was          
been brought to the committee's attention by attorney Terri Lauterbach         
of the Legislative Legal Services Division.  According to Ms.                  
Lauterbach,  'It concerns whether an executive order can validly               
remove from partially exempt service an employee put there by the              
legislature through statute. Executive Order No. 83 attempts to do so.'        
                                                                               
As Lauterbach explains, 'Section 9 of the order repeals AS 41.35.375           
and AS 39.25.120(c)(9)(G). These statutory sections placed the                 
executive director of the Alaska Historical Commission in the partially        
exempt service. Section 15 of the order enacts new language relating           
to the hiring of staff without any reference to the partially exempt           
service. This would have the effect of placing the executive director in       
the classified service.'                                                       
                                                                               
The House Resources Committee recognizes that the Governor could               
probably accomplish this personnel reclassification without the                
executive order or legislative action through other means. However, the        
fact remains that Executive Order 83 appears to go beyond                      
constitutionally determined limits of what can be accomplished in an           
executive order. The Committee wants to state for the record that its          
approval of Executive Order 83 in no way implies approval of                   
violation of the legal parameters of executive orders, nor should it be        
construed to mean that any inappropriate substantive changes proposed          
by executive order in the future will be accepted."                            

1993-02-01                     House Journal                      Page 0194
EO 83                                                                        
The following fiscal notes apply to EO 83:                                     
                                                                               
Zero fiscal note, Dept. of Natural Resources, l/11/93                          
Zero fiscal note, Dept. of Community & Regional Affairs, 1/11/93               
                                                                               
EO 83 was referred to the Finance Committee.                                   
                                                                               
                                                                               
EO 85                                                                        
The Resources Committee has considered:                                        
                                                                               
EXECUTIVE ORDER NO. 85                                                        
Moving the bonding program that serves as security for the                    
collection of wages and payment for raw fish from the Department               
of Labor to the Department of Revenue.                                         
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Approval (5):  Bunde, James, Green, Hudson, Williams                           
                                                                               
No recommendation (3):  Davies, Finkelstein, Carney                            
                                                                               
A letter of intent, signed by Representative Williams, Chair, appears          
below:                                                                         
                                                                               
                           House Resources Committee                           
                                Letter of Intent                               
                                      for                                      
                                     EO 85                                     
                                                                               
"The House Resources Committee has considered Executive Order                  
Number 85 and has voted to move it out of Committee. However, the              
committee wishes to express its concern about a legal issue which was          
brought to the committee's attention by attorney George Utermohle of           
the Legislative Legal Services Division.                                       
                                                                               
Mr. Utermohle noted that in moving the fish processor bonding                  
requirements from the Department of Labor to the Department of                 
Revenue, Executive Order 85 eliminates AS 16.10.292.  Mr.                      
                                                                               

1993-02-01                     House Journal                      Page 0195
EO 85                                                                        
Utermohle's memorandum states, 'In my opinion, the provisions of AS            
16.10.292 do not duplicate other provisions contained in the Executive         
Order and should have been included in the Executive Order.'  Since            
executive orders are meant only for the transfer of functions between          
state agencies and the Constitution does not permit substantive change         
in law to be made by executive order, the omission of the language in          
AS 16.10.292 poses a legal question. However, Utermohle concludes              
that while Executive Order 85 makes significant change in law, he              
'must further conclude that the elimination of AS 16.10.292 has no             
practical effect on the ability of the commissioner of Revenue to              
enforce the fish processor bonding requirements.'                              
                                                                               
The House Resources Committee would like to state for the record that          
its approval of Executive Order 85 in no way implies approval of               
violation of the legal parameters of executive orders, nor should it be        
construed to mean that any inappropriate substantive changes proposed          
by executive order in the future will be accepted."                            
                                                                               
The following fiscal notes apply to EO 85:                                     
                                                                               
Zero fiscal note, Dept. of Law, 1/11/93                                        
Zero fiscal note, Dept. of Revenue, 1/11/93                                    
                                                                               
EO 85 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HJR 1                                                                        
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 1                                                  
Proposing amendments to the Constitution of the State of Alaska               
authorizing the use of the initiative to amend the Constitution of             
the State of Alaska by approval of two-thirds of the votes cast on             
the proposed amendment.                                                        
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Vezey, Olberg, G.Davis, Kott                                     
                                                                               
Do not pass (2):  Ulmer, B.Davis                                               

1993-02-01                     House Journal                      Page 0196
HJR 1                                                                        
The following fiscal note applies to HJR 1:                                    
                                                                               
Fiscal note, Office of the Governor, 2/1/93                                    
                                                                               
HJR 1 was referred to the Judiciary Committee.                                 
                                                                               
HJR 11                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 11                                                 
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Vezey, Ulmer, Olberg, G.Davis, Kott                              
                                                                               
No recommendation (1):  B.Davis                                                
                                                                               
The following fiscal note applies to HJR 11:                                   
                                                                               
Fiscal note, Office of the Governor, 2/1/93                                    
                                                                               
HJR 11 was referred to the Judiciary Committee.                                
                                                                               
HB 68                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 68                                                             
"An Act making a supplemental appropriation for certain elections             
for regional educational attendance area school boards and coastal             
resource service area boards; and providing for an effective date."            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 68(FIN)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         

1993-02-01                     House Journal                      Page 0197
HB 68                                                                        
Do pass (10):  MacLean, Larson, Hanley, Parnell, Grussendorf, Brown,           
Therriault, Hoffman, Foster, Navarre                                           
                                                                               
No recommendation (1):  Martin                                                 
                                                                               
HB 68 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 - Black History Month                                                 
By Representative B.Davis                                                      
                                                                               
Honoring - Xavier Lincoln                                                      
By Representatives Hoffman, Foster, Nicholia; Senators Adams,                  
Lincoln, Jacko                                                                 
                                                                               
Honoring - Harry Rogers, 1993 Superintendent of the Year                       
By Representative Olberg                                                       
                                                                               
In Memoriam - Ronald Bruce Hale, Jr.                                           
By Senator Leman                                                               
                                                                               
                                                                               
                 INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 22                                                                       
HOUSE JOINT RESOLUTION NO. 22 by Representative Foster:                        
                                                                               
Proposing amendments to the Constitution of the State of Alaska               
relating to membership of the legislature.                                     
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, State Affairs, Judiciary and Finance Committees.                      
                                                                               
                                                                               

1993-02-01                     House Journal                      Page 0198
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 92                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92 by                                    
Representative Therriault, entitled:                                           
                                                                               
"An Act relating to notaries; and providing for an effective date."           
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 110                                                                       
HOUSE BILL NO. 110 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act setting termination dates for various boards, commissions,            
councils, agencies, committees, and divisions of state government;             
repealing obsolete statutes relating to the State Fire Commission              
and the Board of Electrical Examiners; repealing obsolete statutes             
relating to termination of agency programs and activities;                     
increasing to 10 years the normal maximum interval for review of               
boards, commissions, and other entities that are subject to sunset             
reviews; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the State Affairs, Labor &             
Commerce and Finance Committees.                                               
                                                                               
HB 111                                                                       
HOUSE BILL NO. 111 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act eliminating, consolidating, changing the membership                   
requirements of, and transferring the duties of various boards,                
commissions, councils, panels, authorities, corporations,                      
foundations, and similar entities of state government; and                     
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               

1993-02-01                     House Journal                      Page 0199
HB 112                                                                       
HOUSE BILL NO. 112 by Representative Moses, entitled:                          
                                                                               
"An Act relating to limited partnerships; and providing for an                
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 113                                                                       
HOUSE BILL NO. 113 by Representative Larson, entitled:                         
                                                                               
"An Act regulating the solicitation of contributions by charitable            
organizations and paid solicitors and the solicitation of sales by             
telephonic means; and amending Alaska Rules of Civil Procedure                 
79 and 82."                                                                    
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 114                                                                       
HOUSE BILL NO. 114 by Representatives Toohey, Davies, MacLean,                 
Bunde and B.Davis entitled:                                                    
                                                                               
"An Act allowing the Board of Nursing to authorize an advanced                
nurse practitioner to dispense medical, therapeutic, and corrective            
measures."                                                                     
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - Suzie Cary, Teacher of the Year                                     
By Representatives Hudson, Ulmer, Brice, Bunde, Davies, B.Davis,               
G.Davis, Hanley, Hoffman, Mackie, Menard, Navarre, Parnell, Toohey;            
Senator Duncan                                                                 

1993-02-01                     House Journal                      Page 0200
Honoring - Doyon Drilling, Incorporated                                        
By Representatives Sitton, Brice, Nicholia, Davies, Hanley, Hoffman,           
Mackie, Menard, Mulder, Navarre, Therriault; Senator Lincoln                   
                                                                               
Honoring - East Anchorage Boys Basketball Team                                 
	Winners of the 1992 Great Alaska High School Classic                          
By Representatives B.Davis, Martin, Barnes, G.Davis, Finkelstein,              
Green, Hanley, Mackie, Menard, Mulder, Navarre, Parnell, Porter,               
Toohey                                                                         
                                                                               
Honoring - February as American History Month                                  
By Representatives Davidson, Davies, B.Davis, G.Davis, Menard,                 
Navarre, Nordlund, Ulmer                                                       
                                                                               
Honoring - Sixth Annual All-Tournament Boys Team, The Lower                    
	Kuskokwim School District                                                     
By Representatives Hoffman, Foster, Nicholia, G.Davis, Mackie,                 
MacLean, Menard, Navarre, Parnell, Toohey; Senators Adams, Lincoln,            
Jacko                                                                          
                                                                               
Honoring - Sixth Annual All-Tournament Girls Team, The Lower                   
	Kuskokwim School District                                                     
By Representatives Hoffman, Foster, Nicholia, G.Davis, Mackie,                 
MacLean, Menard, Navarre, Parnell, Phillips, Toohey; Senators Adams,           
Lincoln, Jacko                                                                 
                                                                               
In Memoriam - Lydia Pierson                                                    
By Representatives Willis, Carney, Kott, B.Davis, Menard, Mulder;              
Senators Halford, Phillips                                                     
                                                                               
In Memoriam - Robert M. "Eureka Bob" Sicard                                    
By Senators Taylor, Zharoff; Representatives Grussendorf, Mackie,              
Menard                                                                         
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Pursuant to AS 24.55.020 and 040, the Speaker appointed the                    
following members to the Ombudsman Selection Committee:                        
                                                                               
Representative Phillips, Chair                                                 
Representative Martin                                                          
Representative Ulmer                                                           

1993-02-01                     House Journal                      Page 0201
HB 65                                                                        
A revised fiscal note by the Dept. of Natural Resources was published          
today for the following bill:                                                  
                                                                               
HOUSE BILL NO. 65                                                             
"An Act relating to the improvement of state finances through                 
reduction of operating costs of certain state agencies and                     
establishment of certain fees; and providing for an effective date."           
                                                                               
HJR 16                                                                       
Representative Carney added his name as cosponsor to:                          
                                                                               
HOUSE JOINT RESOLUTION NO. 16                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to reapportionment and redistricting of the legislature.              
                                                                               
HJR 21                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 21                                                 
Honoring Thurgood Marshall, 1908 - 1993.                                      
                                                                               
HB 5                                                                         
Representative Menard added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 5                                                              
"An Act relating to the crime of harassment."                                 
                                                                               
HB 53                                                                        
Representative Ulmer added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 53                                                             
"An Act increasing the tax on alcoholic beverages; and providing              
for an effective date."                                                        
                                                                               
HB 64                                                                        
Representative B.Davis added her name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 64                                                             
"An Act creating the crimes of stalking in the first and second               
degrees and providing penalties for their violation; providing a               
peace officer with the authority to arrest without a warrant a                 

1993-02-01                     House Journal                      Page 0202
HB 64                                                                        
person the peace officer has reasonable cause to believe has                  
committed stalking; relating to the release before trial of a                  
person accused of stalking; and prohibiting the suspension of                  
imposition of sentence of a person convicted of stalking."                     
                                                                               
HB 69                                                                        
Representatives Olberg, James and B.Davis added their names as                 
cosponsors to:                                                                 
                                                                               
HOUSE BILL NO. 69                                                             
"An Act relating to registration of and information about sex                 
offenders and amending Alaska Rules of Criminal Procedure 11(c)                
and 32(b)."                                                                    
                                                                               
HB 88                                                                        
Representative B.Davis added her name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 88                                                             
"An Act establishing May 1 as Family Day and the month of May                 
as Preservation of the Family Month."                                          
                                                                               
HB 98                                                                        
Representative Mackie added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 98                                                             
"An Act naming the Black Veterans Recognition Bridge on the                   
Alaska Highway over the Gerstle River."                                        
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., February 3, 1993.  There being no              
objection, the House adjourned at 10:24 a.m.                                   
                                                                               
						J.C. Shine                                                               
						Chief Clerk