Legislature(1993 - 1994)
1994-02-04 House Journal
Full Journal pdf1994-02-04 House Journal Page 2249 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 4, 1994 Twenty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:06 a.m. Representatives Barnes, Brown, B.Davis, Martin, Moses, Willis and Phillips were present for a technical session. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Natural Resources Division of Water General Activity Report (as required by AS 46.15.020(b)(5)) Plant Materials Center Annual Report (as required by AS 03.22.060) Land Bank Report (as required by AS 38.04.020(d)) Land Disposal Income Report (as required by AS 38.04.022(b)) 1 1994-02-04 House Journal Page 2250 Classification Report (as required by AS 38.05.300(b)) Cooperative Agreement Report (as required by AS 38.05.027) Mineral Closing Order Report (as required by AS 38.05.300(c)) Fire Suppression Fund Report (as required by AS 41.15.240) Reforestation Fund Report (as required by AS 41.17.320) Free Camping Pass Report (as required by AS 41.21.026) State Fair Assistance Annual Report (as required by AS 03.20.030) REPORTS OF STANDING COMMITTEES HB 230 The Finance Committee has considered: HOUSE BILL NO. 230 "An Act relating to fees for commercial fishing licenses and permits." and recommends it be replaced with: CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): MacLean, Larson, Hoffman, Brown, Therriault, Navarre 1994-02-04 House Journal Page 2251 HB 230 No recommendation (4): Hanley, Martin, Parnell, Grussendorf The following fiscal note applies to CSHB 230(FIN): Fiscal note, Dept. of Fish & Game, 2/4/94 HB 230 was referred to the Rules Committee for placement on the calendar. HB 322 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 322 "An Act relating to the regulation of alcohol in state parks, recreation areas, and historic sites." and recommends it be replaced with: CS FOR HOUSE BILL NO. 322(CRA) "An Act relating to the regulation of alcoholic beverages in state parks, recreation areas, and historic sites." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Sanders Do not pass (2): Bunde, Williams No recommendation (4): Davies, Willis, Toohey, Olberg The following fiscal notes apply to CSHB 322(CRA): Zero fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal note, Dept. of Corrections, 2/4/94 Zero fiscal note, Dept. of Natural Resources, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 Zero fiscal notes (2), Dept. of Administration, 2/4/94 HB 322 was referred to the Resources Committee. 1994-02-04 House Journal Page 2252 HB 394 The Labor & Commerce has considered: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Green, Williams, Sitton, Porter, Hudson No recommendation (2): Mulder, Mackie The following fiscal note applies to HB 394: Zero fiscal note, Dept. of Commerce & Economic Development, 2/4/94 HB 394 was referred to the State Affairs Committee. HB 397 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 "An Act relating to the power to levy property taxes in second class cities and to combining a property tax and incorporation question." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (4): Bunde, Sanders, Toohey, Olberg No recommendation (1): Williams Amend (2): Davies, Willis The following fiscal note applies to SSHB 397: Zero fiscal note, Dept. of Community & Regional Affairs, 2/4/94 SSHB 397 was referred to the Finance Committee. 1994-02-04 House Journal Page 2253 SB 42 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 42(CRA) am(efd fld) "An Act relating to municipal taxation of alcoholic beverages." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Williams No recommendation (6): Bunde, Sanders, Davies, Willis, Toohey, Olberg The following fiscal note applies to CSSB 42(CRA) am(efd fld): Zero fiscal note, Dept. of Community & Regional Affairs, 2/4/94 CSSB 42(CRA) am(efd fld) was referred to the State Affairs Committee. SB 132 The Resources Committee has considered: CS FOR SENATE BILL NO. 132(RES) am "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 132(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (1): Williams No recommendation (4): Carney, Green, James, Davies A House Resources Committee letter of intent for HCS CSSB 132(RES), signed by Representative Williams, Chair, appears below: 1994-02-04 House Journal Page 2254 SB 132 "It is the intent of the House Resources Committee that the Commercial Fisheries and Agriculture Bank (C-FAB), within its existing authority under AS 44.81.221, making financing available for the purchase of quota shares for fisheries in or off Alaska. It is also the intent of the House Resources Committee, that passage of this bill in no way implies either legislative support for, or opposition to, the IFQ program, only a commitment to ensuring that Alaskans have as much opportunity as possible to acquire quota shares if-or-when the IFQ program is implemented." The following fiscal note applies to HCS CSSB 132(RES): Fiscal note, Dept. of Commerce & Economic Development, 2/4/94 CSSB 132(RES) am was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Arthur H. Peterson, Uniform Law Commissioner By Representative Moses Celebrating - Tesoro Alaska Petroleum Company's Twenty-five Years in Alaska By Representatives Navarre, Phillips, G.Davis; Senators Salo, Little Honoring - Joe Drew, Pioneer Alaskan By Senator Little Honoring - Holy Name School on National Appreciation Day for Catholic Schools By Senator Kelly Honoring - St. Mary's School on National Appreciation Day for Catholic Schools By Senators Kelly, Zharoff 1994-02-04 House Journal Page 2255 Honoring - Monroe Catholic High School National Appreciation Day for Catholic Schools By Senator Kelly Honoring - St. Elizabeth Ann Seton School on National Appreciation Day for Catholic Schools By Senator Kelly Honoring - Immaculate Conception Grade School on National Appreciation Day for Catholic Schools By Senator Kelly INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 53 HOUSE JOINT RESOLUTION NO. 53 by Representatives Green, Navarre, Brown, Bunde, Mulder, Hudson, Sitton: Proposing amendments to the Constitution of the State of Alaska relating to the length of a regular session and establishing a unicameral legislature; and providing for an effective date for each amendment. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 436 HOUSE BILL NO. 436 by Representative Vezey, entitled: "An Act prohibiting the Department of Environmental Conservation from adopting or enforcing a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard; and providing for an effective date." was read the first time and referred to the State Affairs and Resources Committees. 1994-02-04 House Journal Page 2256 HB 437 HOUSE BILL NO. 437 by Representatives Davies and Brown, entitled: "An Act relating to the operation of bicycles on state highways; prohibiting motor vehicle operators or occupants from harassing bicycle operators; and encouraging the safe use of bicycles as a basic means of transportation." was read the first time and referred to the Transportation, State Affairs and Finance Committees. HB 438 HOUSE BILL NO. 438 by Representative Davies, entitled: "An Act establishing special request licenses depicting the sport of dog mushing." was read the first time and referred to the State Affairs and Finance Committees. HB 439 HOUSE BILL NO. 439 by the House Judiciary Committee, entitled: "An Act enacting the Uniform Fraudulent Transfer Act." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 440 HOUSE BILL NO. 440 by the House Labor & Commerce Committee, entitled: "An Act relating to business licenses; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 441 HOUSE BILL NO. 441 by the House Finance Committee, entitled: 1994-02-04 House Journal Page 2257 HB 441 "An Act reducing certain appropriations for fiscal year 1994; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 442 HOUSE BILL NO. 442 by the House Rules Committee by request of the Governor, entitled: "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Law, 2/4/94 Zero fiscal note, Dept. of Health & Social Services, 2/4/94 Zero fiscal note, Dept. of Public Safety, 2/4/94 Fiscal note, Dept. of Corrections, 2/4/94 The Governor's transmittal letter, dated February 4, 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 criminal justice information. The need for new Alaska legislation on the subject of criminal justice information and computer information systems has been recognized for a number of years. If accurate and complete, these information systems provide a measure of protection for law enforcement officers on the front line of the battle against crime and provide needed information for all parts of the criminal justice system and the public. At the same time, provisions are needed for the security and privacy 1994-02-04 House Journal Page 2258 HB 442 of the information contained in these systems. Under the bill, "criminal justice information" does not include records relating to juvenile offenders. The federal Anti-Drug Abuse Act of 1988 required the United States Department of Justice to develop a system for more immediate and accurate identification of offenders, which resulted in voluntary national standards being developed. The Department of Justice recommended that all states (1)implement mandatory reporting of all criminal justice information, (2)monitor case dispositions and adopt unique case-tracking numbers to improve data accuracy, (3)ensure timely submission of fingerprint records, (4)provide standardized data entry, and (5)provide audits, training, and data security. This bill is a necessary step toward that goal, and it will provide a framework under which the state can comply with appropriate national standards for the collection and use of criminal justice information, to the extent they are practical as applied to Alaska. This bill also adopts a trend seen in some other states, to give the press and public greater access to criminal history records and to make those records more `open.' For example, under this bill, anyone would be permitted to receive information about a person in the custody or under the supervision of the state, including the location of incarceration of inmates, and the conditions under which such inmates are released into the community on bail, probation, or parole. Currently, much of this information is available only to victims of crimes. AS33.16.120(f). The public would also be permitted to receive information about past convictions if less than 10 years has elapsed from the date the offender was released from all state supervision. Current law gives past conviction records only to employers of persons who work with children, and only for specified crimes. AS 12.62.035. These provisions in this legislation would give the public a great deal of information about current or past criminal offenders that is either not available under current law, or is only available by expending great effort to search paper or microfilm records in the possession of the court system. 1994-02-04 House Journal Page 2259 HB 442 A detailed section-by-section description that describes the need for and the intent behind each provision in the bill is available from the Department of Public Safety. Sincerely, /s/ Walter J. Hickel Governor" HB 443 HOUSE BILL NO. 443 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the confidentiality of certain records relating to fish and wildlife; and providing for an effective date." was read the first time and referred to the Resources Committee. The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 2/4/94 The Governor's transmittal letter, dated February 4, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill to amend AS16.05.815(d) to better protect the confidentiality of certain Department of Fish and Game records regarding the location of fish and wildlife. The existing language was enacted at the request of the Department of Fish and Game in 1990. However, as demonstrated by a recent court case, the existing language is subject to an interpretation not anticipated by the department. An Anchorage superior court recently found that the current statute places the burden on the department to prove to the court that the particular request for those records poses a detriment to the fish or wildlife population. While a single specific request for records might 1994-02-04 House Journal Page 2260 HB 443 not be overly burdensome, the cumulative effect of several such requests might cause a severe impact on the limited staff of the department. Existing AS16.05.815(d) leaves the door open to record requests entirely unrelated to legitimate scientific research or management goals. This bill will not disrupt critical scientific research and management efforts. Government agencies, both state and federal, sometimes need the information to complement or verify similar research studies or to further management and conservation responsibilities. This bill will leave the department with discretion to share the information with other government agencies that might have legitimate need for those records, as well as with researchers under contract with the state. I urge your support of this important bill. Sincerely, /s/ Walter J. Hickel Governor" HB 444 HOUSE BILL NO. 444 by the House Rules Committee by request of the Governor, entitled: "An Act relating to sobriety checkpoints; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 Fiscal note, Dept. of Public Safety, 2/4/94 The Governor's transmittal letter, dated February 4, 1994, appears below: 1994-02-04 House Journal Page 2261 HB 444 "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the use of sobriety checkpoints to discover and deter drivers who are impaired by alcohol or drugs. Drunk driving is a major highway safety concern in Alaska. The deterrence, or apprehension and successful prosecution, of drivers impaired by alcohol or drugs has been and remains a major concern of law enforcement. This bill authorizes a law enforcement agency to establish and operate a sobriety checkpoint under a court order authorizing the checkpoint. To obtain the order, the law enforcement agency must submit to the judge a written plan describing the proposed checkpoint. If the judge determines that the plan meets certain standards and appropriately minimizes delays and intrusions that will be caused by its operation, the judge will issue an order authorizing the proposed checkpoint. In my State of the State address on January 12, 1993, I identified "alcoholism, along with the abuse of other drugs," as "Alaska's number one health problem." I reiterated my commitment to dealing with this issue in my State of the State address this year, as well. This proposed legislation gives law enforcement officers additional tools that they need to combat the significant highway safety problem presented by those drivers who drink or use drugs and then cause accidents that are fatal or cause serious injury. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 445 HOUSE BILL NO. 445 by the House Rules Committee by request of the Governor, entitled: 1994-02-04 House Journal Page 2262 HB 445 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 Fiscal note, Dept. of Public Safety, 2/4/94 The Governor's transmittal letter, dated February 4, 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 operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft. Sections 5, 7, 12, and 13 of the bill contain the main objective of the bill. Those sections contain provisions relating to implied consent for, and administration of, chemical tests to detect the presence of drugs in drivers of motor vehicles or commercial vehicles that are involved in accidents that cause death or serious physical injury to another person. The use of drugs by motor vehicle drivers, both alone and in combination with alcohol, is a major traffic safety concern. The apprehension and successful prosecution of the drug-impaired driver has been and remains a major concern of law enforcement. The state's implied consent law is contained in existing AS28.35.031 and, for commercial motor vehicle drivers, in AS28.33.031. These sections provide that a vehicle driver who is under arrest for driving while intoxicated is considered to have given "consent" to a chemical breath test to determine the amount of alcohol in the person's blood or breath. Existing AS28.35.032 authorizes law enforcement officers to request that an arrested driver submit to that chemical breath testing. 1994-02-04 House Journal Page 2263 HB 445 Sections 5 and 7 of the bill amend the implied consent statutes (AS28.33.031 and AS28.35.031) to specify that a person who operates a motor vehicle or commercial motor vehicle in this state is considered to have given consent to submit to a chemical test to determine the presence of both alcohol and drugs if the person is involved in an accident that causes death or serious physical injury to another person, even if the person is not under arrest. A specific definition for "serious physical injury" is provided in sec. 16 of the bill. Driving is a privilege granted by the state that can be conditioned upon consent to reasonable terms, such as consent to the chemical tests enumerated in AS28.33.031 and AS28.35.031 as amended by the bill. Under existing AS28.35.032(a), a person can refuse to submit to a chemical breath test; existing AS28.35.032(f) makes the refusal a misdemeanor offense. Section 8 of the bill amends AS28.35.032(a) to add references to the chemical tests provided for in secs. 5 and 7 of the bill; sec. 10 of the bill amends AS28.35.032(f) in the same way. Several "housekeeping" amendments to AS28.35.032(a) are also made by sec. 8 of the bill. Under AS28.35.032(a) and 28.35.035, if a person has been notified of the penalties that will result from refusal to submit to a chemical breath test, and the person then refuses to submit, the test may not be given unless the person has been arrested and the arrest resulted from an accident that causes death or physical injury to another person. This bill does not change those provisions other than to add references to the additional chemical tests provided for in secs. 5 and 7 of the bill. See secs. 8, 12, and 13 of the bill. Sections 1 - 4, 9, 11, and 14 of the bill make additional conforming amendments to statutes in AS28 to refer to the chemical tests provided for in secs. 5 and 7 of the bill. The amendment to AS28.33.190 in sec. 6 of the bill is generally to provide a definition for "controlled substance" in AS28.33. That term is used in AS 28.33.031(a) as that statute is amended by sec. 5 of the bill. Additionally, the amendment to AS28.33.190 will provide other needed definitions for AS28.33.010 - 28.33.031. The existing language of AS28.33.190 unnecessarily excludes those sections. 1994-02-04 House Journal Page 2264 HB 445 The amendments made by secs. 15 and 17 of the bill are to provide a definition of "controlled substance" for AS28.35.029- 28.35.039. The existing definition, which is specific to only AS28.35.030, is repealed and is replaced by the same definition located in a general definition section for AS28.35.029- 28.35.039. In my State of the State address on January 12, 1993, I identified "alcoholism, along with the abuse of other drugs," as "Alaska's number one health problem." I reiterated my commitment to dealing with this issue in my State of the State address this year, as well. This proposed legislation gives police and prosecutors the tools they need to combat the significant highway safety problem presented by those drivers who use drugs and then cause fatal or serious injury accidents. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 446 HOUSE BILL NO. 446 by the House Rules Committee by request of the Governor, entitled: "An Act relating to community agreements for environmental conservation purposes; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Resources Committees. The following fiscal note applies: Zero fiscal note, Dept. of Environmental Conservation, 2/4/94 1994-02-04 House Journal Page 2265 HB 446 The Governor's transmittal letter, dated February 4, 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 community agreements for environmental conservation purposes. The bill would provide the Department of Environmental Conservation with specific authority to enter into agreements with local governing bodies, Native regional corporations, Native village councils, other similar organizations, and, as appropriate, federal agencies, to jointly assess and prioritize local environmental needs and funding. The bill amends the powers of the Department of Environmental Conservation found in AS46.03.020 to expressly authorize the department to enter into community agreements to best allocate environmental resources. These community agreements have three basic components. First, the community agreement would provide for the joint assessment of environmental needs within a local community or region and the establishment of indicators to track progress in meeting those needs. Second, the parties to the agreement would jointly assess and prioritize those needs by comparative risk to human health and the environment. Third, the parties would work cooperatively to resolve those needs through delegation and cooperative management, to the extent allowable under the law, using local, state, and federal authorities and funding available to meet those identified environmental needs. The bill would allow a federal agency, such as the Environmental Protection Agency (EPA), to join as a party to the community agreement. Federal government participation would be voluntary and would not prevent the community agreement process from going forward. However, recent policy announcements by the EPA suggest that it may be interested in joining with the state and local communities in fashioning cost-effective cooperative solutions to the local environmental problems envisioned by these agreements. Alaska communities face "unfunded mandates" from the federal government that often exceed a community's financial capabilities. Prioritization is necessary. The information exchange and other activities contemplated by the bill would be structured in law and 1994-02-04 House Journal Page 2266 HB 446 regulations, to meet legal requirements that may not presently be met. Given the serious unmet environmental needs of the villages, local communities, and rural areas throughout our state, I urge prompt passage of this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 447 HOUSE BILL NO. 447 by the House Rules Committee by request of the Governor, entitled: "An Act establishing the Afognak Island State Park." was read the first time and referred to the Resources and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 Fiscal note, Dept. of Natural Resources, 2/4/94 The Governor's transmittal letter, dated February 4, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill creating the Afognak Island State Park. On August23, 1993, the Exxon Valdez Oil Spill Trustee Council (council) adopted a resolution approving, for restoration purposes, acquisition of approximately 41,549 acres of land in Alaska on the northeast corner of Afognak Island, including Seal Bay and Tonki Cape. Although the federal government initially expressed a desire to include this property within the Kodiak National Wildlife Refuge, 1994-02-04 House Journal Page 2267 HB 447 portions of which are located nearby, the state trustees on the council persuaded the council as a whole that this property has a more logical connection with Shuyak State Park, located on an island immediately to the north of the Seal Bay property. Thus, the resolution adopted by the council provided the state the first opportunity to acquire title to this invaluable Alaska property. The resolution further provided that, to fulfill the council's restoration obligations, the property was to be included in a state park and commercial timber harvest was not to be permitted. The resolution specifically allowed limited commercial use as well as sport, personal use, and subsistence hunting and fishing, trapping, and recreational uses, insofar as they are permitted under law or regulations of the Board of Fisheries or Board of Game. Only if the state was unwilling or unable to establish a state park was the federal government to take title to this property. Based on the council's resolution, the state entered into a purchase agreement on November 4, 1993 with the Seal Bay Timber Company, owner of the property, and The Nature Conservancy. The agreement provided for title to the property to first go to The Nature Conservancy to hold until the state has an opportunity to establish a park to accept the property. Under AS37.07.080(h) and AS37.14.450, the Legislative Budget and Audit Committee approved the expenditure of EXXON VALDEZ civil trust money for the purchase at its November5, 1993 meeting. The purchase was completed on November 23, 1993 when title to the property passed to The Nature Conservancy. In accordance with the purchase agreement, The Nature Conservancy will convey the property to the state for placement in a state park if the park is created by November 23, 1994, one year from the date of purchase. Otherwise, the property must be conveyed to the federal government for placement in a federal conservation unit. The purpose of this bill is to create that required state park. The acquisition and protection of this land in a state park has widespread and nearly unanimous public support. Expressions of support for the acquisition have come from such diverse groups as the Kodiak Island Borough mayor and assembly, City of Kodiak, Kodiak Chamber of Commerce, various commercial fishing groups, local tour operators, and environmental organizations. 1994-02-04 House Journal Page 2268 HB 447 Seal Bay has historically supported high value wilderness-based recreation such as hunting, boating, and fishing. The area has high scenic value and excellent wildlife viewing. It contains important habitat for several species of wildlife for which significant injury resulting from the oil spill has been documented, including marbled murrelets, harlequin ducks, black oyster catchers, and river otters. Harbor seal haulouts and intertidal and subtidal biota are all found in substantial numbers along the shoreline. Concentrations of sea otters exist in this area. Anadromous streams and bald eagle nests are found on this property. Protection of this property will aid recovery of these injured resources and services. The proposed park would include all lands acquired from Seal Bay Timber Company as well as tidelands. Submerged lands would not be included except those lying within lagoons on the property. The Department of Fish and Game would be responsible for the management of fish and game resources in the park, consistent with the principle of sustained yield. Sport and subsistence hunting and fishing, personal use fishing, trapping, recreational activities, and commercial fishing would be permitted in the park. These are the purposes for which Alaskans have traditionally used these lands. By creating a state park for this property, we will ensure that future generations will be able to continue to use and enjoy this magnificent part of our state. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 448 HOUSE BILL NO. 448 by the House Rules Committee by request of the Governor, entitled: "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date." 1994-02-04 House Journal Page 2269 HB 448 was read the first time and referred to the House Special Committee on Fisheries, Resources and Judiciary Committees. The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 2/4/94 The Governor's transmittal letter, dated February 4, 1994, appears below: "Dear Speaker Barnes: Under authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the waste and use of salmon and parts of salmon, and to permits for and operation of salmon hatcheries. The bill would repeal and reenact AS16.05.831 (waste of salmon) to authorize the commissioner of fish and game to issue permits to allow the removal and sale of eggs from hatchery-produced salmon and the discard of the salmon carcasses. The permits would allow this practice only for salmon that return to hatchery terminal and special harvest areas or remote sites from which hatchery smolt are released, and that are determined by the commissioner of fish and game to be unfit for human consumption. This is a practice that is prohibited by existing AS16.05.831. It is anticipated that persons who would be authorized under such a permit are commercial fishermen who are participating in a designated terminal fishery and, perhaps, hatchery operators or fish processors. The language that appears in the bill as AS16.05.831(b)(2), regarding permits authorizing "other uses of salmon," is currently contained in AS16.05.831(b). The bill also cures several problems in existing AS16.05.831. Presently, that statute applies only to salmon that are "intended" for certain uses. Because that statute does not indicate whose intent is to 1994-02-04 House Journal Page 2270 HB 448 be measured, this ambiguity can cause enforcement problems. Also, the specified uses are not meaningful because they cover every conceivable use of salmon. The bill's repeal and reenactment of AS16.05.831 deletes this problematic language from the law. Because of present market conditions, it is important for the fishing industry and hatchery operators to be able to recover as much value as possible from salmon resources. The bill will contribute to this goal and, at the same time, will allow the state to more effectively enforce the statute on waste of salmon. For these reasons, I urge your prompt consideration and passage of the bill. Sincerely, /s/ Walter J. Hickel Governor" HB 449 HOUSE BILL NO. 449 by Representative Hoffman, entitled: "An Act relating to boating safety, boating accidents, and boat numbering; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. UNFINISHED BUSINESS HCR 31 Representative Porter added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. 1994-02-04 House Journal Page 2271 ANNOUNCEMENTS 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., February 7, 1994. There being no objection, the House adjourned at 11:14 a.m. Suzi Lowell Chief Clerk