Legislature(1993 - 1994)

1994-01-14 House Journal

Full Journal pdf

1994-01-14                     House Journal                      Page 2059
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                       Friday           January 14, 1994         
                                                                               
                                                                               
                                  Fifth Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 11:03 a.m.                                                           
                                                                               
                                                                               
Roll call showed 36 members present.  Representative Williams had              
been previously excused from a call of the House today.                        
Representatives Mackie and Parnell were excused due to illness.                
Representative Hoffman was absent.                                             
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Chris Grube of the          
Church of the Nazarene.  Representative Hudson moved and asked                 
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"Our Father, we come with great confidence and conviction                     
knowing that You are the God of all creation and we, part of                   
Your creation, stand before You today in this house.  We                       
thank You for Your mercy and grace that has kept us safe                       
from the evils of this world that have attacked and plagued so                 
many.                                                                          
                                                                               
Jesus, I call out to You today on behalf of these men and                     
women, who not only need Your wisdom and guidance for the                      
job that lies before them.  But I would ask that You would                     
invade each aspect of their lives so that all they do and say                  
will be in conformity to Your will and for this state that they                
represent.                                                                     
                                                                               
                                                                               
                                       1                                       

1994-01-14                     House Journal                      Page 2060
I would also ask Lord, that the relationship You began at the                 
Cross of Calvary would become a living reality to these great                  
men and women today, as that relationship has become a                         
living reality to me.  May they know what it means to walk                     
with God.                                                                      
                                                                               
Would You help these men and women to walk with You on                        
that holy highway in obedience to You.  I know that if they                    
walk with You, that You will `open the windows of heaven                       
and pour out so much blessing that they will not have room                     
enough to contain it.'                                                         
                                                                               
Would You help them to look beyond the concerns and                           
challenges that confront them this year, to You who has                        
written the last chapter.                                                      
                                                                               
In the wonderful name of Jesus we pray.  Amen."                               
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Davies.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the fourth legislative day and Senate & House Joint Journal        
Supplement No. 11 be approved as certified by the Chief Clerk.  There          
being no objection, it was so ordered.                                         
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
Letters of disclosure were received in accordance with AS 24.60 and            
will appear in House Journal Supplement No. 9 and House & Senate               
Joint Journal Supplement No. 12.                                               
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               

1994-01-14                     House Journal                      Page 2061
Honoring - Emily Ransom                                                        
By Representative G.Davis                                                      
                                                                               
Honoring - The Fairbanks Red Hackle Pipe Band, 20th Anniversary                
By Representative Brice                                                        
                                                                               
Honoring - The Alaska Goldpanners of Fairbanks, 30th Anniversary               
By Representative Brice                                                        
                                                                               
In Memoriam - Donald F. Wood                                                   
By Representatives Sitton, James, Brice, Davies                                
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 255                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 255 by the House                         
State Affairs Committee, entitled:                                             
                                                                               
"An Act relating to application of the Public Employment                      
Relations Act to municipalities and other political subdivisions."             
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, State Affairs and Finance Committees.                                 
                                                                               
                                                                               
HB 332                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 332 by                                   
Representatives SITTON, BRICE, NORDLUND, Ulmer and Brown,                      
entitled:                                                                      
                                                                               
"An Act establishing the Alaska Public Health Commission."                    
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
HB 369                                                                       
HOUSE BILL NO. 369 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          

1994-01-14                     House Journal                      Page 2062
HB 369                                                                       
"An Act relating to state leases and to state lease-purchase and              
lease-financing agreements, and repealing a legislative                        
authorization previously given for acquisition of a facility through           
a lease-purchase agreement; and providing for an effective date."              
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 370                                                                       
HOUSE BILL NO. 370 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for the operating and loan program              
expenses of state government and to capitalize funds; and                      
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The Governor's transmittal letter, dated January 14, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting legislation making appropriations for operating and loan          
program expenses for fiscal year 1995.                                         
                                                                               
As in past years, I am introducing two appropriation bills:  one for the       
"agency operations" part of government, and one that appropriates the          
funding necessary to meet the costs of formula-funded programs.  This          
"agency operations" bill provides funding for the many programs that           
provide services to Alaskans, as well as the Legislative Branch and            
Court System, and is a 1 percent decrease from what we are spending            
on these programs this year.                                                   
                                                                               
In putting together the fiscal year 1995 operating budget, my                  
overriding concern was to focus on the state meeting its basic and             
traditional responsibilities to its citizens.  Since there is no more basic    
responsibility than protecting the life and property of Alaskans, the          
state has an obligation to see that law enforcement is adequately              
funded.                                                                        

1994-01-14                     House Journal                      Page 2063
HB 370                                                                       
My budget meets this obligation:                                               
                                                                               
                                                                               
	*Almost $1.2 million in increased funding is targeted                        
for the Alaska State Troopers so they can better                             
respond to Alaskans in need;                                                 
                                                                               
	*An additional $1.1 million is proposed to maintain the                      
state's ability to prosecute and defend indigent criminals; and              
                                                                               
*Over $.7 million in increased funding is proposed for                       
the Department of Corrections to ensure Alaska's                             
overcrowded prisons will remain secure.                                      
                                                                               
                                                                               
Another basic service the state must provide its citizens is ensuring the      
safety of the state's roads.  To meet this $6.6 million in additional          
funding is provided in this bill.                                              
                                                                               
                                                                               
Included in this bill is the Alaska Court System Budget as submitted           
to our office.                                                                 
                                                                               
                                                                               
The challenge to meet the basic needs of Alaskans will grow more               
difficult as the state's oil revenues decline.  I look forward to working      
with the Legislature in meeting this challenge.                                
                                                                               
                                                                               
Additional information pertaining to the appropriations requested in           
this bill are being furnished to the Legislature by my Office of               
Management and Budget.                                                         
                                                                               
With best regards.                                                             
                                                                               
											Sincerely,                                                          
                                                                               
											/s/                                                                 
                                                                               
											Walter J. Hickel                                                    
 											Governor"                                                          

1994-01-14                     House Journal                      Page 2064
HB 371                                                                       
HOUSE BILL NO. 371 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for operating expenses for certain              
programs for which the costs are derived from mandated formulas                
or criteria, and for expenses for certain leases and contracts for             
state services and operations; and providing for an effective date."           
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The Governor's transmittal letter, dated January 14, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting legislation making appropriations for formula-funded              
program expenses for fiscal year 1995.                                         
                                                                               
As in past years, I am introducing two appropriation bills:  one for the       
"agency operations" part of government, and one that appropriates the          
funding necessary to meet the costs of formula-funded programs.  This          
bill provides funding for these formula programs.                              
                                                                               
Formula programs represent 47 percent of the state's fiscal year 1995          
general fund operating budget.  Due to the demands of uncontrollable           
increases in the number of participants in these programs, these               
programs have experienced tremendous increases in recent years.  For           
fiscal year 1995, however, my proposed budget finally puts a halt to           
this trend.  It is a decrease of 2.5 percent from this current fiscal year.    
                                                                               
This bill maintains funds for our K-12 educational system at the FY94          
level of $675,234,600.                                                         
                                                                               
Over $34.8 million in increased general funds is provided to meet the          
projected increases in medicaid and public assistance programs, many           
of which are services mandated by the federal government.  While               
these increases have slowed as a result of legislation enacted last            
session, we must continue to make certain Alaskans currently on                
welfare can get off that merry-go-round.  We must provide them with            
                                                                               

1994-01-14                     House Journal                      Page 2065
HB 371                                                                       
the training that will prepare them for productive jobs, and then make         
certain we have a healthy economy so jobs are available to them.               
Another area of significant reduction is in the municipal assistance and       
revenue-sharing programs.  I understand this reduction will capture the        
attention of just about every community throughout the state, but my           
goal is simple: to encourage local governments with a tax base to pay          
for local services.                                                            
                                                                               
The programs included in this appropriations bill represent the fastest        
growing area of state government.  Controlling their costs continues to        
be a high priority for my Administration.  I look forward to working           
with the Legislature on achieving this goal.                                   
                                                                               
                                                                               
Additional information pertaining to the appropriations requested in           
this bill are being furnished to the Legislature by my Office of               
Management and Budget.                                                         
                                                                               
With best regards.                                                             
                                                                               
												Sincerely,                                                         
                                                                               
												/s/                                                                
                                                                               
												Walter J. Hickel                                                   
												Governor"                                                          
                                                                               
                                                                               
HB 372                                                                       
HOUSE BILL NO. 372 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act relating to the four dam pool transfer fund."                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
HB 373                                                                       
HOUSE BILL NO. 373 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               

1994-01-14                     House Journal                      Page 2066
HB 373                                                                       
"An Act relating to investments of the permanent fund involving               
equity interests in and debt obligations secured by mortgages on               
real estate; and providing for an effective date."                             
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 374                                                                       
HOUSE BILL NO. 374 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act relating to reimbursable service agreements and other                 
agreements between state agencies for the purchase of services."               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
HB 375                                                                       
HOUSE BILL NO. 375 by the House Rules Committee by request of                  
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act relating to investments of the permanent fund in certain              
limited partnerships each of whose principal purpose is investment             
in securities of public or private companies; and providing for an             
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 376                                                                       
HOUSE BILL NO. 376 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to services for and protection of vulnerable                 
adults; and providing for an effective date."                                  
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               

1994-01-14                     House Journal                      Page 2067
HB 376                                                                       
The following fiscal notes apply:                                              
                                                                               
	Fiscal notes (3), Dept. of Health & Social Services, 1/14/94                  
	Fiscal note, Dept. of Administration, 1/14/94                                 
	Zero fiscal note, Dept. of Administration, 1/14/94                            
                                                                               
                                                                               
The Governor's transmittal letter, dated January 14, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to services for and protection of vulnerable      
adults.  This bill will place responsibility for the delivery of services      
to vulnerable adults within the Department of Administration.  This bill       
also extends the scope of existing adult protective services to include        
all vulnerable adults who are in need of such services.                        
                                                                               
                                                                               
Section 1 of the bill clarifies the circumstances that give rise to a duty     
to make a report of a vulnerable adult.  The circumstances are                 
abandonment, exploitation, abuse, neglect, or self-neglect.  Under this        
section, the report will be made to the Department of Administration.          
This section also deletes the existing liability immunity provisions,          
which are later reestablished in sec. 6 of the bill.                           
                                                                               
                                                                               
Section 2 sets out the duties of the Department of Administration              
regarding services and protection for vulnerable adults.  The duties           
include establishing a central information and referral service for            
vulnerable adults, establishing criteria and procedures for the delivery       
of community-based services, designation of local service providers as         
department designees to meet local service needs, and adoption of              
regulations to implement the program.                                          
                                                                               
                                                                               
Section 2 also sets out provisions regarding certain reports of                
abandonment, exploitation, abuse, neglect, or self-neglect, and                
                                                                               
                                                                               

1994-01-14                     House Journal                      Page 2068
HB 376                                                                       
regarding the action that is to be taken on all reports.  The                  
investigation required to be done by the Department of Administration          
includes a face-to-face interview and a written report of findings.            
                                                                               
Section 2 also provides for delivery of protective services and assures        
that, to the extent practicable, the services will be delivered in a timely    
and culturally relevant manner.                                                
                                                                               
                                                                               
Section 2 provides authorization for family members or friends to be           
surrogate decision makers for a vulnerable adult who is in need of             
protective services but is unable to consent to services.  This provision      
allows for the delivery of necessary protective services without the           
necessity of seeking an emergency guardianship in adult abuse cases.           
Section 2 also sets out the procedures available for providing                 
protective services when court action to protect the adult is necessary.       
                                                                               
                                                                               
Section 3 repeals and reenacts an existing statute to provide for              
monitoring of vulnerable adults who are receiving ongoing protective           
services.  Section 4 addresses the confidentiality of reports made under       
these provisions; sec. 5 requires that regulations being adopted by the        
Department of Administration be provided to the Older Alaskans                 
Commission; and sec. 6 provides for immunity from liability for                
individuals who make reports of vulnerable adults.                             
                                                                               
                                                                               
Section 7 sets out, in a more appropriate location, definitions for terms      
used in AS47.24.  The existing definition section is repealed in sec.          
8.  Section 8 of the bill also repeals existing statutes that address          
reports of abuse of elderly and disabled persons to the Department of          
Health and Social Services.                                                    
                                                                               
                                                                               
Section 11 provides a July 1, 1994 effective date for the statutory            
changes made by the bill.                                                      
                                                                               
                                                                               
If this bill is enacted into law, the revisor of statutes will need to make    
appropriate changes to the existing article structure of AS47.24.              
                                                                               

1994-01-14                     House Journal                      Page 2069
HB 376                                                                       
I urge your support of this important legislation.                             
                                                                               
											Sincerely,                                                          
                                                                               
											/s/                                                                 
                                                                               
											Walter J. Hickel                                                    
											Governor"                                                           
                                                                               
                                                                               
HB 377                                                                       
HOUSE BILL NO. 377 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to assisted living homes; repealing references to            
residential facilities for dependent adults; and providing for an              
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
	Fiscal note, Dept. of Health & Social Services, 1/14/94                       
	Zero fiscal note, Dept. of Administration, 1/14/94                            
                                                                               
The Governor's transmittal letter, dated January 14, 1994 appears              
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill related to assisted living homes.  An assisted living      
home is a residential facility that serves adults, provides housing and        
food service, and provides or obtains for the residents assistance with        
activities of daily living, personal assistance or health-related services.    
Medical facilities licensed under AS18.20, such as nursing homes and           
hospitals, and certain other types of residential facilities (including        
correctional facilities and emergency shelters) are not classified as          
assisted living homes under this bill.                                         
                                                                               

1994-01-14                     House Journal                      Page 2070
HB 377                                                                       
Although assisted living homes are not health care or medical facilities,      
they  may provide or obtain various health-related services for                
residents, such as intermittent nursing care, supervision of the               
resident's self-administration of medications, and needed care and             
comfort to terminally ill patients who are under the care of a doctor          
who verifies that the needs of the resident are being met in the assisted      
living home.                                                                   
                                                                               
The bill is intended to promote the establishment of assisted living           
homes that will provide a home-like setting as well as certain health-         
related services or assistance with certain personal activities.  Such         
services will allow the elderly to age in place, rather than having to be      
transferred to a more institutionalized nursing-home setting, and will         
allow adults with a physical or mental disability to become integrated         
into their community.                                                          
                                                                               
Currently, the Department of Health and Social Services, under                 
AS47.35, licenses and regulates certain facilities that care for               
dependent adults.  Under this bill, that licensing structure will be           
deleted and replaced by a new chapter (AS47.33) that provides for              
assisted living homes.  Responsibility for licensing and regulating the        
homes will be split between the Department of Health and Social                
Services and the Department of Administration.                                 
                                                                               
                                                                               
The Department of Administration will be responsible for licensure of          
assisted living homes that will be providing care primarily to                 
individuals who are elderly, who have a physical disability, or who            
suffer from dementia, but who are not diagnosed as chronically                 
mentally ill.  Licensure of assisted living homes that will be  providing      
care primarily to individuals with a mental or developmental disability        
will be the responsibility of the Department of Health and Social              
Services.  Provision is made for joint agency determination of the             
appropriate licensing agency in cases in which that designation cannot         
easily be made.  The Department of Health and Social Services,                 
division of family and youth services, will continue to license                
residential homes and facilities for children under AS47.35.  The              
respective licensing agencies will be responsible for investigating            
complaints filed regarding assisted living homes and for taking                
necessary action to protect residents through administrative actions.          
                                                                               

1994-01-14                     House Journal                      Page 2071
HB 377                                                                       
The main body of the bill is contained in sec. 1 of the bill, which            
defines "assisted living home," describes certain services, sets certain       
operating standards, and provides for licensing and regulations.  For          
example, sec. 1 specifically provides for the safeguarding of money            
that a resident of an assisted living home deposited with the home for         
safekeeping and management.  Section 1 also requires assisted living           
homes to keep records regarding residents' care, as well as provide            
their residents with information regarding residents' rights at the home,      
including timely notice regarding closure or relocation, notice of any         
change in rates, and protections in case of an action for involuntary          
discharge from the home.                                                       
                                                                               
                                                                               
Furthermore, the bill states that an individual may not be admitted to         
an assisted living home without that person's consent, or, if the              
individual is not competent, the consent of the individual's                   
representative.  In addition, an individual may not be admitted as a           
resident of an assisted living home unless an admission contract has           
been signed by the individual (or the individual's representative, if          
appropriate) and the home.  The bill also requires that an assisted            
living plan for a resident be developed, and approved by the resident          
(or the resident's representative, if appropriate), within 30 days after       
that resident was admitted to the home.  The plan is designed to               
identify the reasonable wants and needs of the resident and the ways           
in which those wants and needs will be met.                                    
                                                                               
                                                                               
Section 1 of the bill also contains a lengthy list of residents' rights.       
These rights are designed to protect the residents' privacy and                
independence and to allow residents to be able to participate in               
grievance procedures or other remedial actions relating to resident            
complaints regarding how an assisted living home is providing care.            
Under the bill, certain complaints may be filed with the appropriate           
licensing agency; the licensing agencies have investigatory and                
sanction authority.                                                            
                                                                               
                                                                               
Sections 2 through 12 of the bill amend existing statutory provisions          
to acknowledge the provisions in sec. 1 of the bill.  Section 13 of the        
bill contains transition provisions regarding regulations and pending          
                                                                               

1994-01-14                     House Journal                      Page 2072
HB 377                                                                       
proceedings.  Sections 14 and 15 allow the Department of Health and            
Social Services and the Department of Administration to prepare and            
adopt, before the effective date of the bill, regulations necessary to         
implement the bill.  The new regulations cannot take effect before the         
effective date of the bill (January1, 1995).                                   
                                                                               
                                                                               
I urge your support of this important legislation.                             
                                                                               
                                                                               
												Sincerely,                                                         
                                                                               
												s/                                                                 
                                                                               
												Walter J. Hickel                                                   
												Governor"                                                          
                                                                               
                                                                               
HB 378                                                                       
HOUSE BILL NO. 378 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the Older Alaskans Commission and staff of                
the commission; changing the name of the Older Alaskans                        
Commission to the Alaska Commission on Aging and extending                     
the termination date of the commission; relating to the Alaska                 
Pioneers' Homes Advisory Board; relating to services and                       
programs for older Alaskans; and providing for an effective date."             
                                                                               
was read the first time and referred to the State Affairs, Health,             
Education & Social Services and Finance Committees.                            
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
	Zero fiscal note, Dept. of Administration, 1/14/94                            
                                                                               
                                                                               
The Governor's transmittal letter, dated January 14, 1994, appears             
below:                                                                         

1994-01-14                     House Journal                      Page 2073
HB 378                                                                       
"Dear Speaker Barnes:                                                          
                                                                               
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to the Older  Alaskans Commission, the            
Alaska Pioneers' Homes Advisory Board, and certain programs and                
services for older Alaskans.                                                   
                                                                               
                                                                               
The bill changes the name of the Older Alaskans Commission to the              
Alaska Commission on Aging, decreases the number of required yearly            
commission meetings, and extends the termination date of the                   
commission.  The bill also makes changes in the allocation of                  
functions of the commission, the commission's executive director, and          
the commissioner of administration.  For example, the commission,              
with the approval of the commissioner of administration, will set              
policy for the administration of federal programs under the federal            
Older Americans Act.  The executive director, with the commissioner            
of administration's approval, will administer those programs.  The             
executive director for the commission also will be responsible for the         
formulation and presentation to the commission of the comprehensive            
statewide plan that identifies the concerns and needs of older Alaskans.       
The commission will be responsible for approving a final plan.                 
                                                                               
                                                                               
The bill also makes certain changes in the composition and duties of           
the Alaska Pioneers' Homes Advisory Board.  The board will be                  
increased from seven to eight members; the new member will be the              
chairperson of the Alaska Commission on Aging.  (Under existing law,           
the chair of the Alaska Pioneers' Homes Advisory Board is a member             
of the Older Alaskans Commission.)  The bill also decreases the                
number of board meetings that must be held during a year.                      
                                                                               
                                                                               
Additionally, the Department of Administration plans to                        
administratively establish a division of senior services to better             
coordinate services to older Alaskans.  The Alaska Commission on               
Aging and the Alaska Pioneers' Homes Advisory Board would be                   
located administratively in that new division.  The new division would         
replace the existing division of pioneers' benefits and would assume           
                                                                               

1994-01-14                     House Journal                      Page 2074
HB 378                                                                       
responsibility for activities currently assigned to that division, which       
include administration of the pioneers' homes and the longevity bonus          
program.                                                                       
                                                                               
                                                                               
The enactment of this bill into law, along with the administrative             
creation of the new division, will assure improved, coordinated efforts        
to address the varied problems confronting older Alaskans.                     
                                                                               
                                                                               
												Sincerely,                                                         
                                                                               
												/s/                                                                
                                                                               
												Walter J. Hickel                                                   
												Governor"                                                          
                                                                               
                                                                               
HB 379                                                                       
HOUSE BILL NO. 379 by Representative Davies, entitled:                         
                                                                               
"An Act relating to liability for damages to natural resources."              
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
                                                                               
HB 380                                                                       
HOUSE BILL NO. 380 by Representative Davies, entitled:                         
                                                                               
"An Act relating to police reporting of offenses involving domestic           
violence."                                                                     
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Judiciary Committees.                                              

1994-01-14                     House Journal                      Page 2075
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
HJR 9                                                                        
Representative Ulmer moved and asked unanimous consent that the                
following be returned to the Finance Committee:                                
                                                                               
HOUSE JOINT RESOLUTION NO. 9                                                  
Proposing an amendment to the Constitution of the State of Alaska             
prohibiting the imposition of state personal income taxation, state            
ad valorem taxation on real property, or state retail sales taxation           
without the approval of the voters of the state.                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall HJR 9 be returned to the Finance                   
Committee? The roll was taken with the following result:                       
                                                                               
HJR 9                                                                          
Return to the Finance Committee                                                
                                                                               
YEAS:  16   NAYS:  21   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton,             
Ulmer, Willis                                                                  
                                                                               
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips,                
Porter, Sanders, Therriault, Toohey, Vezey                                     
                                                                               
Excused:  Mackie, Parnell, Williams                                            
                                                                               
And so, the motion failed.                                                     
                                                                               

1994-01-14                     House Journal                      Page 2076
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 9                                                                        
HJR 9 was read the second time, with the:                                      
                                                                               
                                                          Journal Page         
                                                                               
	STA RPT  3DP  2DNP  2NR                                           209         
	-FISCAL NOTE  (GOV)  2/3/93                                       209         
	-ZERO FISCAL NOTE  (REV) 2/3/93                                   209         
	JUD RPT  1DP  4NR                                                 318         
	-PREVIOUS FN  (GOV)  2/3/93                                       319         
	-PREVIOUS ZERO FN  (REV)  2/3/93                                  319         
	FIN RPT  4DP  2DNP                                               1102         
	-PREVIOUS FN (GOV)  2/3/93                                       1103         
	-PREVIOUS ZERO FN (REV)  2/3/93                                  1103         
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, line 9, after "establishing a state tax on":                       
                                                                               
Insert "gasoline tax, fisheries tax, alcohol tax, cigarette tax,"         
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
The Speaker lifted the call.                                                   
                                                                               
**The presence of Representative Hoffman was noted.                            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Representative Ulmer announced a Minority Caucus upon a motion to              
recess.                                                                        
                                                                               
                                                                               
The Speaker stated that the House would recess until 5:00 p.m.  There          
being no objection, the House recessed at 11:38 a.m.                           
                                                                               

1994-01-14                     House Journal                      Page 2077
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 5:08 p.m.                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that                 
Representatives Sitton and Brice be excused from a call of the House           
due to illness.  There being no objection, it was so ordered.                  
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                  (continued)                                  
                                                                               
HJR 9                                                                        
HJR 9 was again before the House.                                              
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be withdrawn.  There being no objection, it was so             
ordered.                                                                       
                                                                               
New Amendment No. 1 was offered  by Representative Davies:                      
                                                                               
Page 1, line 4, after "state" (title amendment):                             
	Insert ", and prohibiting a change in the rate of a tax that is            
imposed on fisheries, motor fuels, tobacco, or alcohol that is in              
effect on January 1, 1995, without the approval of the voters of the           
state"                                                                        
                                                                               
Page 1, line 10, after "retail sales tax":                                 
	Insert "and a law changing the rate of a tax that is imposed on           
fisheries, motor fuels, tobacco, or alcohol that is in effect on               
January 1, 1995,"                                                          
                                                                               
Representative Davies moved and asked unanimous consent that New               
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               

1994-01-14                     House Journal                      Page 2078
HJR 9                                                                        
The question being:  "Shall New Amendment No. 1 be adopted? The                
roll was taken with the following result:                                      
                                                                               
HJR 9                                                                          
Second Reading                                                                 
New Amendment No. 1                                                            
                                                                               
YEAS:  12   NAYS:  23   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Menard, Navarre, Nicholia, Nordlund, Willis                       
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman,                 
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey            
                                                                               
Excused:  Brice, Mackie, Parnell, Sitton, Williams                             
                                                                               
Ulmer changed from "Yea" to "Nay".                                             
                                                                               
And so, New Amendment No. 1 was not adopted.                                   
                                                                               
The Speaker ruled Amendment Nos. 2, 3 and 4 out of order, citing               
Mason's Manual, section 402.                                                   
                                                                               
Representative Navarre appealed the ruling of the Chair.                       
                                                                               
The question being:  "Shall the ruling of the Chair be upheld?"  The           
roll was taken with the following result:                                      
                                                                               
Uphold Ruling of the Chair                                                     
                                                                               
YEAS:  21   NAYS:  14   EXCUSED:  5   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips,                
Porter, Sanders, Therriault, Toohey, Vezey                                     
                                                                               
Nays:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer,              
Willis                                                                         

1994-01-14                     House Journal                      Page 2079
HJR 9                                                                        
Excused:  Brice, Mackie, Parnell, Sitton, Williams                             
                                                                               
And so, the ruling of the Chair was upheld.                                    
                                                                               
Amendment No. 5 was offered  by Davidson:                                       
                                                                               
Page 1, line 4, after "state" (title amendment):                             
                                                                               
Insert ", and prohibiting a change in the rate of a tax that is              
imposed on fisheries without the approval of the voters of the                 
tax."                                                                         
                                                                               
Representative Davidson moved and asked unanimous consent that                 
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
Representative Davidson moved and asked unanimous consent that the             
following amendment to Amendment No. 5 be adopted.  There being                
no objection, it was so ordered.                                               
                                                                               
                                                                               
Amendment No. 5 as amended:                                                    
                                                                               
After "voters of the":                                                       
                                                                               
	Delete "tax"                                                                
                                                                               
	Insert "state"                                                              
                                                                               
Add:  Page 1, line 10, after ",":                                          
                                                                               
Insert "a fisheries tax,"                                                 
                                                                               
                                                                               
Representative Davidson moved and asked unanimous consent that                 
Amendment No. 5 as amended be adopted.                                         
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-01-14                     House Journal                      Page 2080
HJR 9                                                                        
The question being:  "Shall Amendment No. 5 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
HJR 9                                                                          
Second Reading                                                                 
Amendment No. 5 as amended                                                     
                                                                               
YEAS:  12   NAYS:  22   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Navarre, Nicholia, Nordlund, Ulmer, Willis                        
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman,                 
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey                   
                                                                               
Excused:  Brice, Mackie, Parnell, Sitton, Williams                             
                                                                               
Absent:  Menard                                                                
                                                                               
And so, Amendment No. 5 as amended was not adopted.                            
                                                                               
The Speaker ruled Amendment No. 6 out of order.                                
                                                                               
Representative Ulmer appealed the ruling of the Chair.                         
                                                                               
The question being:  "Shall the ruling of the Chair be upheld?"  The           
roll was taken with the following result:                                      
                                                                               
Uphold Ruling of the Chair                                                     
                                                                               
YEAS:  23   NAYS:  11   EXCUSED:  5   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley,                  
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey         
                                                                               
Nays:  Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf,             
Hoffman, Navarre, Nordlund, Ulmer, Willis                                      
                                                                               
Excused:  Brice, Mackie, Parnell, Sitton, Williams                             

1994-01-14                     House Journal                      Page 2081
HJR 9                                                                        
Absent:  Menard                                                                
                                                                               
And so, the ruling of the Chair was upheld.                                    
                                                                               
Representative Phillips moved and asked unanimous consent that HJR
9 be considered engrossed, advanced to third reading and placed on             
final passage.                                                                 
                                                                               
Representative Ulmer objected.                                                 
                                                                               
The Speaker stated that HJR 9 will be in third reading on the January          
18, 1994, 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 - Julian Darley                                                       
By Representatives Green, Martin, Barnes, Bunde, B.Davis, G.Davis,             
Finkelstein, Foster,  Grussendorf,  Hanley, Hudson, James, Kott,               
Larson, Mackie, MacLean, Menard, Mulder, Navarre, Olberg, Parnell,             
Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams,         
Willis; Senators Pearce, Kelly, Taylor, Leman, Phillips, Rieger, Miller        
                                                                               
Honoring - Perry G. Corsetti, 1992-93 Sallie Mae Teacher Award                 
By Representatives James, Bunde, B.Davis, Foster, Hanley, Menard,              
Sitton, Willis                                                                 
                                                                               
Honoring - Dr. Martin Luther King Jr. Day                                      
By Representatives B.Davis, Brice, Brown, Finkelstein, Foster, James,          
MacLean, Menard, Navarre, Nordlund, Parnell, Sitton, Willis                    
                                                                               
Honoring - Hanshew Junior High School Cultural Unity Day, Dr.                  
	Martin Luther King Birthday Celebration                                       
By Representatives Parnell, Bunde, Green, B.Davis, James, Menard,              
Navarre, Sanders, Toohey; Senator Rieger                                       
                                                                               

1994-01-14                     House Journal                      Page 2082
Honoring - Justin K. Van Dyke                                                  
By Senator Little; Representatives G.Davis, B.Davis, James, Menard,            
Navarre                                                                        
                                                                               
Honoring - Frank R. Hayward                                                    
By Senator Zharoff; Representatives B.Davis, James, MacLean,                   
Menard                                                                         
                                                                               
Honoring - Michael J. Burns and KeyCorp Alaska Employees for                   
	"Neighbors Make the Difference"                                               
By Senator Ellis; Representatives Brown, B.Davis, Finkelstein, Hanley,         
James, Menard, Navarre, Nordlund, Porter, Willis                               
                                                                               
In Memoriam - Stephen "Steve" Chester Jacoby                                   
By Representatives Hudson, Ulmer, B.Davis, James, MacLean,                     
Menard; Senator Duncan                                                         
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HCR 24                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 24                                            
Supporting the governor's decision to authorize a suit against the            
United States government for violating the Alaska Statehood Act.               
                                                                               
HCR 25                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 25                                            
Relating to a state materials exchange.                                       
                                                                               
HB 132                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 132                                                            
"An Act extending the time period of all permits issued by the                
state relating to the extraction or removal of resources if the holder         
of the permits is involved in litigation concerning the issuance or            
validity of any permit related to the extraction or removal."                  
                                                                               

1994-01-14                     House Journal                      Page 2083
HB 306                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 306                                                            
"An Act relating to an optional municipal tax credit for costs of             
certain river habitat protection improvements."                                
                                                                               
                                                                               
HB 322                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 322                                                            
"An Act relating to the regulation of alcohol in state parks,                 
recreation areas, and historic sites."                                         
                                                                               
HB 326                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 326                                                            
"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 327                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 327                                                            
"An Act extending the termination date of the Board of Veterinary             
Examiners; and providing for an effective date."                               
                                                                               
HB 332                                                                       
Representative Brown added her name as cosponsor to:                           
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 332                                     
"An Act establishing the Alaska Public Health Commission."                    
                                                                               

1994-01-14                     House Journal                      Page 2084
HB 333                                                                       
Representative Toohey added her name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 333                                                            
"An Act amending the Alaska Land Act to define the term `state                
selected land' for the purpose of recognizing mining locations, and            
giving retrospective effect to the amendment; and providing for an             
effective date."                                                               
                                                                               
HB 335                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 335                                                            
"An Act relating to disclosures of information about minors, and              
directing disclosure to certain persons of the identity of an                  
offender who is a minor subject to prosecution as an adult or                  
adjudication as a delinquent minor as a result of violating a                  
criminal law of the state or a municipality that is a felony and to            
certain information about the offense allegedly committed by the               
minor."                                                                        
                                                                               
HB 337                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 337                                                            
"An Act relating to the possession of controlled substances within            
500 feet of recreation and youth centers."                                     
                                                                               
                                                                               
HB 347                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 347                                                            
"An Act relating to long-term plans of certain state agencies."               
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber       10:00 a.m.,1/17         
                                                                               
Martin Luther King Day          Centennial Hall         2:00 p.m.,1/17         
Celebration                                                                    

1994-01-14                     House Journal                      Page 2085
Please file requests for excused absences with the Majority Leader's           
office three days in advance whenever possible.                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 11:00 a.m., Tuesday, January 18, 1994.   There             
being no objection, the House adjourned at 6:02 p.m.                           
                                                                               
											Suzi Lowell                                                         
											Chief Clerk