Legislature(1993 - 1994)
1994-02-09 House Journal
Full Journal pdf1994-02-09 House Journal Page 2297 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 9, 1994 Thirty-first Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:35 a.m. Roll call showed 39 members present. Representative MacLean was absent. The invocation was offered by the Chaplain, Pastor Wilson Valentine of the St. Brendan's Episcopal Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Ever present God, We feel the pulse of Your life-giving Spirit in the family which surrounds us; be present to Your people today that we may know Your gifts of wisdom, patience and love, and that in all our actions this may be accomplished with fairness, care and concern for all Your creatures of creation; for in You we live, move and have our being and the strength that our knowledge and authority comes from You; and this day's end allows us to feel the comfort of that same Spirit as we set aside the cares and concerns for the night and refresh ourselves for tomorrow. Amen." The Pledge of Allegiance was led by Representative Brice. 1 1994-02-09 House Journal Page 2298 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 29th and 30th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 8, 1994, was read stating that, in accordance with AS 39.05.080 and Article III, sections 25 and 26, of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following appointment was referred to the Finance Committee: Alcoholic Beverage Control Board James B. Elkins - Ketchikan Appointed: 06/12/91; Reappointed: 01/31/94; Expires: 01/31/97 James J. McNamee - Fairbanks Appointed: 06/12/91; Reappointed: 01/31/94; Expires: 01/31/97 The following appointments were referred to the Resources Committee: State Board of Registration for Architects, Engineers, and Land Surveyors Merle D. Jantz - Fairbanks Appointed: 07/01/93; Expires: 07/01/97 Michael J. Tauriainen, P.E. - Soldotna Appointed: 07/01/91; Reappointed: 07/01/93; Expires: 07/01/97 Big Game Commercial Services Board Scott Ogan - Palmer Appointed: 03/09/93; Reappointed: 06/30/93; Expires: 06/30/97 Thomas N. Scarborough - Fairbanks Appointed: 08/01/91; Reappointed: 06/30/93; Expires: 06/30/97 1994-02-09 House Journal Page 2299 Alaska Commercial Fisheries Entry Commission Dale G. Anderson - Juneau Appointed: 07/21/93; Expires: 07/01/97 Board of Fisheries Kay Andrew - Ketchikan Appointed: 05/12/93; Expires: 01/31/96 Dick H. Bower, Sr., Ed.D. - Soldotna Appointed: 02/04/94; Expires: 01/31/97 Larry J. Engel - Palmer Appointed: 02/04/94; Expires: 01/31/97 Board of Game Richard A. Burley - Fairbanks Appointed: 02/19/91; Reappointed: 01/31/94; Expires: 01/31/97 Edward K. Grasser - Palmer Appointed: 06/02/93; Expires: 01/31/95 Ernest E. Polley - Juneau Appointed: 05/11/93; Reappointed: 01/31/94; Expires: 01/31/97 Alaska Oil and Gas Conservation Commission Tuckerman A. Babcock - Palmer Appointed: 06/01/93; Expires: 12/31/96 The following appointments were referred to the Health, Education & Social Services Committee: Athletic Commission John N. Hansen - Juneau Appointed: 07/15/93; Expires: 05/14/96 Board of Barbers and Hairdressers Karen L. Cleek - Juneau Appointed: 12/02/93; Expires: 07/01/96 1994-02-09 House Journal Page 2300 Elmo Kienbaum - Ketchikan Appointed: 09/30/91; Reappointed: 07/01/93; Expires: 07/01/97 Mariann Stoffel - Wasilla Appointed: 10/09/91; Reappointed: 07/01/93; Expires: 07/01/97 Board of Chiropractic Examiners Trevor V. Ireland, D.C. - Anchorage Appointed: 07/15/93; Expires: 07/15/97 William F. Risch, D.C. - Anchorage Appointed: 10/01/91; Reappointed: 07/15/93; Expires: 07/15/97 Board of Clinical Social Work Examiners James W. Henkelman, L.C.S.W. - Anchorage Appointed: 06/30/93; Expires: 07/01/94 Martha Houck, M.S.W.,L.C.S.W. - Anchorage Appointed: 08/11/93; Expires: 07/01/97 Board of Dental Examiners James R. Arneson, D.D.S. - Kodiak Appointed: 07/19/93; Expires: 02/01/97 Susan L. Cameron, R.D.H. - Juneau Appointed: 05/17/93; Expires: 02/01/97 Roger K. Eichman, D.D.S. - Juneau Appointed: 07/16/93; Expires: 02/01/95 Ann H. McCoy - Anchorage Appointed: 12/02/93; Expires: 02/01/97 Phyllis L. Pendergrast, D.M.D. - Fairbanks Appointed: 11/05/93; Expires: 02/01/95 Board of Dispensing Opticians Alicia L. Musser - Anchorage Appointed: 06/07/91; Reappointed: 06/17/93; Expires: 06/14/97 Cynde M. Oleck - Wasilla Appointed: 06/24/93; Expires: 06/14/97 1994-02-09 House Journal Page 2301 Board of Education John E. Hotzfield - Fairbanks Appointed: 05/31/91; Reappointed: 01/31/94; Expires: 01/31/99 June Nelson - Kotzebue Appointed: 01/07/91; Reappointed: 01/31/94; Expires: 01/31/99 Board of Marital and Family Therapy Randall G. Jones - Anchorage Appointed: 12/15/92; Reappointed: 12/14/93; Expires: 12/14/97 Board of Certified Direct-Entry Midwives Paula Korn, C.N.M. - Anchorage Appointed: 07/21/92; Reappointed: 07/21/93; Expires: 07/21/97 Board of Nursing J. K. Casteel, R.N., Ph.D. - Anchorage Appointed: 11/02/93; Expires: 03/31/97 Board of Nursing Home Administrators Kathy S. Lockhart, R.N. - Ketchikan Appointed: 07/22/91; Reappointed: 06/30/93; Expires: 10/01/96 Rose Palmquist - Wasilla Appointed: 10/19/89; Reappointed: 10/08/93; Expires: 10/01/97 Board of Examiners in Optometry James Matson, O.D. - Juneau Appointed: 11/30/89; Reappointed: 06/17/93; Expires: 06/15/97 Board of Pharmacy Patricia H. Douglas - Chugiak Appointed: 06/30/93; Expires: 04/01/97 1994-02-09 House Journal Page 2302 State Physical Therapy and Occupational Therapy Board Ann P. Mattson - Juneau Appointed: 01/20/94; Expires: 01/01/98 Mary Pomeroy, P.T. - Anchorage Appointed: 10/03/89; Reappointed: 10/08/93; Expires: 09/01/97 Professional Teaching Practices Commission Thomas L. Matheson - Naknek Appointed: 07/23/93; Expires: 07/01/96 Christine A. Niemi - Juneau Appointed: 12/06/93; Expires: 07/01/94 Karen J. Noordhoff - Fairbanks Appointed: 07/23/93; Expires: 07/01/96 Mildred J. Wedel - Anchorage Appointed: 07/23/93; Expires: 07/01/96 Board of Psychologist and Psychological Associate Examiners Linda Hellenthal - Anchorage Appointed: 09/02/93; Expires: 07/01/97 Dorothy G. Whitmore, Ed.D. - Anchorage Appointed: 08/16/93; Expires: 07/01/97 Board of Veterinary Examiners Jonathan P. Bettridge, D.V.M. - Eagle River Appointed: 09/20/93; Expires: 01/31/97 Deanna J. Thornell, D.V.M. - Fairbanks Appointed: 01/31/94; Expires: 01/31/98 The following appointments were referred to the Judiciary Committee: Board of Governors of the Alaska Bar Ethel Staton - Sitka Appointed: 07/25/91; Reappointed: 06/30/93; Expires: 06/30/96 1994-02-09 House Journal Page 2303 Commission on Judicial Conduct Jeffrey M. Feldman, Esq. - Anchorage Appointed: 09/01/93; Expires: 04/28/97 Judicial Council Janice Lienhart - Anchorage Appointed: 05/18/93; Expires: 05/18/99 Violent Crimes Compensation Board Robert E. Congdon - Anchorage Appointed: 07/23/91; Reappointed: 12/15/93; Expires: 12/15/96 Laurie E. Dahms, M.D. - Wasilla Appointed: 08/11/93; Expires: 12/15/94 The following appointments were referred to the Labor & Commerce Committee: Alaska Labor Relations Agency Stuart H. Bowdoin Jr. - Palmer Appointed: 06/30/93; Expires: 06/30/95 Sally A. DeWitt - Fairbanks Appointed: 10/07/93; Expires: 06/30/96 Karen J. Mahurin - Kenai Appointed: 08/11/93; Expires: 06/30/94 Alfred L. Tamagni, Sr. - Anchorage Appointed: 06/30/93; Expires: 06/30/96 Board of Marine Pilots Michael J. O'Hara - Palmer Appointed: 08/28/89; Reappointed: 06/01/93; Expires: 06/01/97 Board of Certified Real Estate Appraisers Chris Anderson - Eagle River Appointed: 06/30/93; Expires: 06/30/97 1994-02-09 House Journal Page 2304 Real Estate Commission Audrey J. Foldoe - Fairbanks Appointed: 10/05/93; Expires: 01/31/97 Kristan Tanner - Wasilla Appointed: 05/19/93; Expires: 01/31/96 Alaska Public Utilities Commission Alyce Hanley - Anchorage Appointed: 11/01/93; Expires: 10/31/99 Dwight D. Ornquist - Palmer Appointed: 11/01/93; Expires: 10/31/99 Alaska Workers' Compensation Board Twyla Barnes, Ed.D. - Juneau Appointed: 11/02/93; Expires: 07/01/94 John Giuchici - Fairbanks Appointed: 10/10/91; Reappointed: 07/15/93; Expires: 07/01/96 Steve Hagedorn - Anchorage Appointed: 08/19/91; Reappointed: 07/01/93; Expires: 07/01/96 Florence S. Rooney - Anchorage Appointed: 07/01/93; Expires: 07/01/96 Patricia A. Vollendorf - Anchorage Appointed: 07/01/93; Expires: 07/01/94 The following appointments were referred to the State Affairs Committee: Personnel Board David H. Call, Esq. - Fairbanks Appointed: 05/26/93; Expires: 06/20/94 Alaska Public Offices Commission Julie Benson - Fairbanks Appointed: 05/17/93; Reappointed: 01/18/94; Expires: 02/01/98 A resume for each appointment was submitted to the Chief Clerk. 1994-02-09 House Journal Page 2305 **The presence of Representative MacLean was noted. HJR 28 A message dated February 8, 1994, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. Legislative Resolve No. 19 MESSAGES FROM THE SENATE A message dated February 7, 1994, was received stating the Senate has accepted the date changes for the following joint sessions in the House Chamber: from February 14 to February 15, 1994, to hear an address by U.S. Senator Frank Murkowski; and, from March 28 to March 29, 1994, to hear the State of the Judiciary address by Chief Justice Daniel Moore. COMMUNICATIONS A letter dated February 7, 1994, was received from John B. Coghill, Lieutenant Governor of Alaska, stating he has certified that the following petition was properly filed: "An Act Relating to the Relocation of the Alaska Legislature or Capital of Alaska" He stated that with the assistance of the Attorney General, a ballot title and proposition in accordance with AS 15.45.180 would be prepared. The letter is on file in the Chief Clerk's office. 1994-02-09 House Journal Page 2306 The following report is on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee Special Audit on Dept. of Commerce & Economic Development, Board of Marine Pilots, November 4, 1993 (as required by AS 24.20.311) REPORTS OF STANDING COMMITTEES HCR 25 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 25 Relating to a state materials exchange. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Kott, Sanders, Ulmer, Olberg, B.Davis, G.Davis The following fiscal note applies to CSHCR 25(L&C): Zero fiscal note, Dept. of Environmental Conservation, 1/31/94 HCR 25 was referred to the Rules Committee for placement on the calendar. HB 132 The Finance Committee has considered: 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." 1994-02-09 House Journal Page 2307 HB 132 and recommends it be replaced with: CS FOR HOUSE BILL NO. 132(FIN) "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (10): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Navarre, Brown, Therriault, Foster No recommendation (1): Hoffman The following fiscal notes apply to CSHB 132(FIN): Zero fiscal note, Dept. of Natural Resources, 2/9/94 Zero fiscal note, Dept. of Fish & Game, 2/9/94 Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/94 Zero fiscal note, Dept. of Environmental Conservation, 2/9/94 HB 132 was referred to the Rules Committee for placement on the calendar. HB 259 The Community & Regional Affairs has considered: HOUSE BILL NO. 259 "An Act relating to general grant land entitlements for certain boroughs and unified municipalities; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: 1994-02-09 House Journal Page 2308 HB 259 Do pass (2): Bunde, Toohey No recommendation (5): Sanders, Davies, Willis, Williams, Olberg The following fiscal notes apply to HB 259: Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/94 Zero fiscal note, Dept. of Natural Resources, 2/9/94 HB 259 was referred to the Resources Committee. HB 313 The Judiciary Committee has considered: HOUSE BILL NO. 313 "An Act relating to suspended imposition of criminal sentences and to the period in which suspension of the imposition of sentence for conviction of the crime of disorderly conduct may be authorized." and recommends it be replaced with: CS FOR HOUSE BILL NO. 313(JUD) "An Act relating to suspended imposition of criminal sentences and to the imposition of sentence when a suspended imposition of sentence is revoked." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Kott, Porter, Nordlund No recommendation (3): Green, Phillips, Davidson The following fiscal notes apply to CSHB 313(JUD): Zero fiscal notes (2), Dept. of Administration, 2/9/94 Zero fiscal note, Dept. of Corrections, 2/9/94 Zero fiscal note, Alaska Court System, 2/9/94 Zero fiscal note, Dept. of Law, 2/9/94 Zero fiscal note, Dept. of Public Safety, 2/9/94 1994-02-09 House Journal Page 2309 HB 313 HB 313 was referred to the Finance Committee. HB 323 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 323 "An Act authorizing the Bureau of Vital Statistics to release certain information for the purpose of organ and tissue donations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 323(HES) "An Act relating to the release of certain information for the purpose of facilitating anatomical gifts." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (7): Bunde, Vezey, G.Davis, Toohey, B.Davis, Nicholia, Brice Do not pass (1): Kott No recommendation (1): Olberg The following fiscal notes apply to CSHB 323(HES): Zero fiscal note, Department of Health & Social Services, 2/9/94 Zero fiscal note, Alaska Court System, 2/9/94 HB 323 was referred to the Judiciary Committee. HB 325 The Labor & Commerce Committee has considered: HOUSE BILL NO. 325 "An Act relating to motorcycle safety and to use of helmets by operators of motorcycles." and recommends it be replaced with: 1994-02-09 House Journal Page 2310 HB 325 CS FOR HOUSE BILL NO. 325(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Mackie, Porter, Sitton, Mulder No recommendation (2): Hudson, Williams The following fiscal note applies to CSHB 325(L&C): Zero fiscal note, Dept. of Public Safety, 2/9/94 HB 325 was referred to the State Affairs Committee. HB 349 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 349 "An Act providing for the civil commitment of sexually violent predators." and recommends it be replaced with: CS FOR HOUSE BILL NO. 349(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): Kott, Bunde, Toohey, B.Davis, Brice No recommendation (2): Olberg, Nicholia Amend (2): Vezey, G.Davis 1994-02-09 House Journal Page 2311 HB 349 The following fiscal notes apply to CSHB 349(HES): Fiscal note, Department of Health & Social Services, 2/9/94 Fiscal note, Dept. of Law, 2/9/94 Fiscal note, Dept. of Administration, 2/9/94 Zero fiscal note, Dept. of Administration, 2/9/94 HB 349 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HJR 17 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 17 Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 17(FSH) (same title) The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (4): Nicholia, Davidson, Olberg, Moses The following fiscal note applies to CSHJR 17(FSH): Zero fiscal note, House Special Committee on Fisheries, 2/9/94 HJR 17 was referred to the Resources Committee. 1994-02-09 House Journal Page 2312 HB 199 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 199 "An Act providing for oil and gas exploration licenses, and oil and gas leases, in certain areas of the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(O&G) "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): G.Davis, Kott, Green No recommendation (2): Olberg, Sitton The following fiscal note applies to CSHB 199(O&G): Zero fiscal note, Dept. of Natural Resources, 2/9/94 HB 199 was referred to the Resources Committee. HB 303 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 303 "An Act relating to the Alaska commercial fisheries development endowment; and providing for an effective date." The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (1): Moses No recommendation (2): Olberg, Phillips 1994-02-09 House Journal Page 2313 HB 303 The following fiscal notes apply to HB 303: Fiscal note, Dept. of Revenue, 2/9/94 Fiscal notes (2), Dept. of Commerce & Economic Development, 2/9/94 HB 303 was referred to the Resources Committee. HB 401 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 401 "An Act establishing a procedure for review of proposed projects under the Alaska coastal management program, and relating to petitions for compliance with and enforcement of district coastal management programs under that program and to the disposition of those petitions." and recommends the following amendments: Amendment No. 1 by the House Special Committee on Oil and Gas: Page 4, line 6, after "subsection.": Insert "But not more than 30 days shall elapse between the filing of the petition and the decision by the Council." Amendment No. 2 by the House Special Committee on Oil and Gas: Page 5, line 10, after "authorized under" Insert "AS 46.40.096(e)(1) or" The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Sitton, Kott, Green No recommendation (2): G.Davis, Olberg 1994-02-09 House Journal Page 2314 HB 401 The following fiscal note applies to HB 401: Fiscal note, Office of the Governor, 2/9/94 HB 401 was referred to the Resources Committee. SJR 13 The House Special Committee on Oil and Gas has considered: CS FOR SENATE JOINT RESOLUTION NO. 13(RLS) Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Kott, Sitton, Olberg, G.Davis, Green The following fiscal note applies to CSSJR 13(RLS): Senate zero fiscal note, Dept. of Revenue, 1/26/94 CSSJR 13(RLS) was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - James Conley By Representatives Willis, Porter, Navarre, Carney Honoring - Tanana Valley United Way 1993-94 Campaign By Representative Brice 1994-02-09 House Journal Page 2315 Honoring - Noorvik Bear Girls Basketball Team By Senator Adams; Representative MacLean Honoring - Nicholas and Elena Charles, 1993 Heritage Fellows By Senator Jacko; Representative Hoffman In Memoriam - Velma Heflebower Kirby By Representatives Willis, Carney; Senators Halford, Phillips INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 450 HOUSE BILL NO. 450 by the House Finance Committee, entitled: "An Act relating to investment pools for public entities; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 451 HOUSE BILL NO. 451 by the House Health, Education & Social Services Committee by request, entitled: "An Act establishing the Alaska Health Insurance Corporation and requiring licensed health care providers to comply with certain statutes and regulations relating to the corporation; relating to disability insurance claims processing and to approval of rates for disability insurance, including health insurance; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. 1994-02-09 House Journal Page 2316 HB 452 HOUSE BILL NO. 452 by Representative Toohey, entitled: "An Act amending the manner of computation of interest rates on loans made from the senior housing revolving fund by the Alaska Housing Finance Corporation, and giving retrospective effect to that amendment; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 453 HOUSE BILL NO. 453 by Representative G.Davis, entitled: "An Act amending the motor fuel tax to establish a different tax levy on residual fuel oil used in and on watercraft; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. HB 454 HOUSE BILL NO. 454 by the House Rules Committee by request of the Governor, entitled: "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 9, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making a supplemental appropriation to the Department of Law for costs and expenses related to certain oil and gas legal proceedings. Due to the urgent need for this supplemental appropriation, the bill has an immediate effective date, and I urge your early consideration of this important bill. 1994-02-09 House Journal Page 2317 HB 454 The supplemental appropriation of $15,950,000 is essential for the state to stay on track in its important oil and gas legal proceedings. Several of these proceedings are scheduled for trial or formal administrative hearings in the near future. Continued diligent preparation is necessary for the successful resolution of these complex matters, which could bring millions of dollars into the state treasury. This supplemental appropriation is needed to process the millions of documents to be collected and produced, to review documents supplied by adversaries, to hire experts, to conduct and defend depositions, and to do other essential litigation preparation. Without the early enactment of this supplemental request, the Department of Law may be forced to slow its litigation at the most crucial pretrial or prehearing period and could fail to meet deadlines imposed by the court or administrative agencies for resolution of those disputes. An appropriation is also necessary to keep an audit of the TransAlaska Pipeline System (TAPS) on schedule so that the findings may be used to contest tariffs. We all agree that the resolution of these long-standing oil and gas disputes is in the state's best interest, especially now when our revenue forecasts show declining receipts for the near future. The supplemental appropriation will help maintain the momentum and progress that we have all achieved in resolving such matters and in gaining additional revenue for the state. The Department of Law originally requested $25,000,000 for oil and gas legal proceedings for Fiscal Year 1994. The legislature appropriated only $10,358,400 of that request. The supplemental appropriation request, if granted, would bring the total appropriations for these matters to $26,308,400. I urge your early consideration and passage of this important legislation. Sincerely, /s/ Walter J. Hickel Governor" 1994-02-09 House Journal Page 2318 HB 455 HOUSE BILL NO. 455 by the House Rules Committee by request of the Governor, entitled: "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 9, 1994, appears below: "Dear Speaker Barnes: Under authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill which makes miscellaneous supplemental appropriations for fiscal year 1994 and prior years. The legislation also reallocates current year funding in order to offset some of the projected shortfalls. Supplemental appropriations in recent years have reached the $100 million level. My goal this year was to keep supplementals below the $40 million level and I am pleased that we have done this. Nearly all the requested supplementals are for purposes not within the control of management. Caseloads continue to increase in medical assistance programs and Longevity Bonus. Student enrollment at schools throughout the state continue to climb. Fires break out which the state must fight to protect the life and property of Alaskans. The state must respond to court ordered settlements and grievance awards. We cannot pretend these costs are not there, nor can we turn away from meeting these responsibilities. We continue to live in times of tight revenues. I look forward to working with you on completing a sound financial plan for our state's future. 1994-02-09 House Journal Page 2319 HB 455 Additional information relating to these requests will be furnished to the Finance Committees by the Office of Management and Budget. Sincerely, /s/ Walter J. Hickel Governor" HB 456 HOUSE BILL NO. 456 by the House Rules Committee by request of the Governor, entitled: HOUSE BILL NO. 456 "An Act making appropriations to satisfy the agreed-upon monetary terms of certain collective bargaining agreements for certain public employees; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 9, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making appropriations to satisfy the monetary terms of collective bargaining agreements for certain public employees. This bill, if enacted into law, would make a total appropriation of $368,630 to satisfy the monetary terms of collective bargaining agreements with the Alaska Vocational Technical Center Teachers' Association and the Marine Engineers' Beneficial Association. The appropriations are necessary to satisfy agreed-upon obligations under those agreements. I urge your prompt consideration and passage of the bill. Sincerely, /s/ Walter J. Hickel Governor" 1994-02-09 House Journal Page 2320 HB 457 HOUSE BILL NO. 457 by the House Rules Committee by request of the Governor, entitled: HOUSE BILL NO. 457 "An Act making appropriations to satisfy the monetary terms of certain collective bargaining agreements for certain public safety employees under an arbitrator's decision; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 9, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making appropriations to satisfy the monetary terms of collective bargaining agreements for certain public safety employees. This bill, if enacted into law, would make a total appropriation of $8,055,000 to satisfy the monetary terms of collective bargaining agreements with the Public Safety Employees Association. The appropriations are necessary to satisfy the state's obligation under an arbitrator's award regarding those agreements. I urge your prompt consideration and passage of the bill. Sincerely, /s/ Walter J. Hickel Governor" HB 458 HOUSE BILL NO. 458 by Representative Davies, entitled: "An Act relating to certain licenses and applications for licenses for persons who are not in compliance with orders, judgments, or payment schedules for child support." 1994-02-09 House Journal Page 2321 HB 458 was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 459 HOUSE BILL NO. 459 by the House Labor & Commerce Committee, entitled: "An Act relating to liquidated damages and attorney fees for minimum wage and overtime compensation claims." was read the first time and referred to the Labor & Commerce, State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 230 The following was read the second time: HOUSE BILL NO. 230 "An Act relating to fees for commercial fishing licenses and permits." with the: Journal Page FSH RPT CS(FSH) NEW TITLE 1DP 2NR 957 -FISCAL NOTE (F&G) 4/2/93 958 RES RPT CS(RES) NEW TITLE 6DP 1254 -PREVIOUS FN (F&G) 4/2/93 1255 FIN RPT CS(FIN) NEW TITLE 6DP 4NR 2250 -FISCAL NOTE (F&G) 2/4/94 2251 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." 1994-02-09 House Journal Page 2322 HB 230 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 230(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 230(FIN) was read the third time. The question being: "Shall CSHB 230(FIN) pass the House?" The roll was taken with the following result: CSHB 230(FIN) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Davidson, Grussendorf, Mackie Absent: Williams And so, CSHB 230(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 263 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 263 "An Act relating to municipal property tax exemptions." 1994-02-09 House Journal Page 2323 HB 263 with the: Journal Page SPONSOR SUBSTITUTE INTRODUCED-REFERRALS 2006 CRA RPT 6DP 1NR 2165 -ZERO FISCAL NOTE (DCRA) 1/27/94 2165 Representative Phillips moved and asked unanimous consent that SSHB 263 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SSHB 263 was read the third time. The question being: "Shall SSHB 263 pass the House?" The roll was taken with the following result: SSHB 263 Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson And so, SSHB 263 passed the House and was referred to the Chief Clerk for engrossment. HB 231 The following was read the second time: HOUSE BILL NO. 231 "An Act relating to aggravating and mitigating factors at sentencing." 1994-02-09 House Journal Page 2324 HB 231 with the: Journal Page JUD RPT CS(JUD) 5DP 1NR 1065 -3 ZERO FNS (COURT, LAW, ADM) 4/7/93 1066 -3 ZERO FNS (ADM, DPS, CORR) 4/7/93 1066 FIN RPT CS(FIN) NEW TITLE 9DP 1NR 2278 -5 ZERO FNS (2-ADM,LAW,COURT,DPS) 2/7/94 2279 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 231(FIN) "An Act relating to when previous conduct constituting a sexual offense may be used as an aggravating factor at sentencing." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 231(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 231(FIN) was read the third time. The question being: "Shall CSHB 231(FIN) pass the House?" The roll was taken with the following result: CSHB 231(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, CSHB 231(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1994-02-09 House Journal Page 2325 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 - Ignatius "Iggy" Keyes By Senators Halford, Jacko, Little, Adams; Representatives B.Davis, James, Mackie, MacLean, Menard, Navarre, Nicholia, Ulmer, Willis Honoring - Juneau Skier Hilary Lindh for her World Cup Victory By Senator Duncan; Representatives Ulmer, Hudson, Barnes, Brice, Brown, Davies, B.Davis, Green, Grussendorf, Hanley, James, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Toohey, Vezey, Willis Honoring - Chugiak Mustangs Post 33 Baseball Team, 1993 Alaska State American Legion Champions By Senators Phillips, Halford; Representatives Carney, Kott, Willis, Mulder, Barnes, B.Davis, Green, Hanley, James, Mackie, Menard, Navarre, Nicholia, Parnell, Ulmer In Memoriam - Gloria Godfretsen By Representatives Toohey, Foster, B.Davis, James, Mackie, Menard, Nicholia In Memoriam - Daniel Stanley Karmun, Jr. By Representatives MacLean, Brice, B.Davis, Foster, James, Mackie, Menard, Nicholia, Phillips UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davidson - from 6:30 a.m., February 23 to 8:00 p.m., plane time, March 1, 1994 Representative Hoffman - from 5:00 p.m., February 10 to 8:00 p.m., plane time, February 14, 1994; and from 6:00 p.m., February 24 to 10:00 a.m., plane time, March 2, 1994 1994-02-09 House Journal Page 2326 Representative Menard - from 6:30 a.m., February 11 to 10:00 p.m., plane time, February 13, 1994; and from 6:30 a.m., February 18 to 10:00 p.m., plane time, February 27, 1994 Representative Sanders - from 7:00 p.m., February 17 to 10:00 p.m., plane time, February 21, 1994 Representative Ulmer - from 2:30 p.m., February 12 to 1:45 p.m., plane time, February 13, 1994; and from 7:00 p.m., February 25 to 10:00 p.m., plane time, February 27, 1994 Representative Williams - from 2:30 p.m., February 11 to 10:00 p.m., plane time, February 13, 1994 There being no objection, it was so ordered. HB 444 The Speaker added a Judiciary Committee referral, to precede the Finance Committee referral, to the following: HOUSE BILL NO. 444 "An Act relating to sobriety checkpoints; and providing for an effective date." HB 444 is currently in the Transportation Committee. SB 19 Representative Brown moved and asked unanimous consent that the House adopt the Senate Finance Committee letter of intent (page 611 of the Senate Journal) for the following: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." There being no objection, it was so ordered. 1994-02-09 House Journal Page 2327 HJR 17 Representative Davidson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 17 Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. HJR 50 Representative Mulder added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 50 Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. HJR 51 Representatives Martin and Mulder added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 51 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia; and requesting the other states to join in this suit. HB 139 Representatives Porter, Foster, Hanley and Kott added their names as cosponsors to: HOUSE BILL NO. 139 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." HB 231 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 231(FIN) "An Act relating to when previous conduct constituting a sexual offense may be used as an aggravating factor at sentencing." 1994-02-09 House Journal Page 2328 HB 320 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 320 "An Act relating to public school health personal safety education." HB 349 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 349 "An Act providing for the civil commitment of sexually violent predators." HB 366 Representative Brice added his name as cosponsor to: HOUSE BILL NO. 366 "An Act relating to the management of Cook Inlet stocks of salmon." ENGROSSMENT HB 230 CSHB 230(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 231 CSHB 231(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 263 SSHB 263 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-02-09 House Journal Page 2329 SB 19 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Friday printed schedule. Majority Caucus Speaker's Chamber Upon adj., 2/9 Personal Bill Deadline 9:00 a.m., 2/14 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 11, 1994. There being no objection, the House adjourned at 11:31 a.m. Suzi Lowell Chief Clerk