Legislature(1993 - 1994)
1994-02-28 House Journal
Full Journal pdf1994-02-28 House Journal Page 2541 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 28, 1994 Fiftieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:07 a.m. Roll call showed 29 members present. Representatives Davidson, Hoffman, Nordlund, Sitton, Ulmer and Willis had been previously excused from a call of the House today. Representatives Olberg, Parnell and Menard were excused from a call of the House due to travel delays. Representative B.Davis was excused from a call of the House from today until evening plane time, March 6, 1994, due to medical reasons. Representative Hanley was absent. The invocation was offered by the Chaplain, Associate Pastor and Director of Native Ministries, Mary Ann Warden of the Northern Light United Church. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "`My spirit is one with You, Great Spirit. You strengthen me day and night to share my very best with my brothers and sisters. You, whom my people see in all of creation and in all people, show Your love for us. Help me to know, like the soaring eagle, the heights of knowledge. From the Four Directions, fill me with the four virtues of fortitude, generosity, respect, and wisdom; so that I will help my people walk in the path of understanding and peace. In Christ's name I pray. Amen.' Lakota prayer tradition" 1 1994-02-28 House Journal Page 2542 The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 46th, 47th, 48th and 49th 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 22, 1994, was read stating that the Governor withdraws the following name from legislative confirmation of appointment to the position noted. The Speaker had referred the following to the Health, Education & Social Services Committee (page 2300): Board of Barbers & Hairdressers Elmo Kienbaum - Ketchikan HJR 30 A message dated February 24, 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. 30 Relating to epidemiological and quarantine services in ports of entry in the state. Legislative Resolve No. 23 SJR 40 A message dated February 24, 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: 1994-02-28 House Journal Page 2543 SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(RES) Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities. Legislative Resolve No. 22 REPORTS OF STANDING COMMITTEES HB 199 The Resources Committee 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 Hudson, Vice Chair, with the following individual recommendations: Do pass (5): Williams, Green, Mulder, Hudson, Bunde No recommendation (2): Carney, James Amend (1): Davies 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 Finance Committee. 1994-02-28 House Journal Page 2544 HB 300 The Labor & Commerce Committee has considered: HOUSE BILL NO. 300 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 300(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Mulder, Hudson The following fiscal note applies to CSHB 300(L&C): Zero fiscal note, Dept. of Administration, 2/28/94 HB 300 was referred to the Judiciary Committee. HB 302 The Labor & Commerce Committee has considered: HOUSE BILL NO. 302 "An Act excluding certain recreational activities sponsored by an employer from coverage provided under workers' compensation, unless participation is required as a condition of employment; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Mulder, Hudson The following fiscal note applies to HB 302: Zero fiscal note, Dept. of Labor, 2/28/94 HB 302 was referred to the State Affairs Committee. 1994-02-28 House Journal Page 2545 HB 393 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 393 "An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date." and recommends it be replaced with: COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 393(CRA) (same title) The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Bunde, Toohey, Olberg No recommendation (2): Willis, Williams Amend (1): Davies A Community & Regional Affairs Committee letter of intent for CSHB 393(CRA), signed by Representative Olberg, Chair, appears below: "In passage of CSHB 393 from the Community and Regional Affairs Committee, it is our intent that the following be considered in the Finance Committee: That changes in eligibility caused by this legislation not adversely impact current recipients. As a consequence, we request that the funding for the new eligible communities not dilute the unincorporated community capital matching grant fund but, to some extent, these funds be derived from the municipal account. That some manipulation of the unincorporated and municipal accounts should be addressed to accommodate the changes brought forth with CSHB 393 to proportionately benefit all recipients. 1994-02-28 House Journal Page 2546 HB 393 That in the interest of fairness, you may consider lowering the minimum distribution, currently $25,000, in the unincorporated community capital project matching grant program." The following fiscal notes apply to CSHB 393(CRA): Zero fiscal note, Dept. of Community & Regional Affairs, 2/28/94 Zero fiscal note, Dept. of Administration, 2/28/94 Zero fiscal note, Dept. of Law, 2/28/94 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/28/94 HB 393 was referred to the State Affairs Committee. HB 398 The Resources Committee has considered: HOUSE BILL NO. 398 "An Act relating to rights in certain tide and submerged land." and recommends it be replaced with: CS FOR HOUSE BILL NO. 398(RES) "An Act relating to conveyance of certain land to municipalities." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (9): Hudson, Carney, Green, James, Finkelstein, Davies, Mulder, Bunde, Williams The following fiscal note applies to CSHB 398(RES): Zero fiscal note, Dept. of Natural Resources, 2/15/94 HB 398 was referred to the Rules Committee for placement on the calendar. 1994-02-28 House Journal Page 2547 HB 421 The Finance Committee has considered: HOUSE BILL NO. 421 "An Act authorizing grants for temporary housing assistance during emergencies and disasters." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): MacLean, Larson, Grussendorf, Navarre, Foster, Brown No recommendation (4): Hanley, Martin, Parnell, Therriault The following fiscal note applies to HB 421: Zero fiscal note, Dept. of Military & Veterans' Affairs, 2/14/94 HB 421 was referred to the Rules Committee for placement on the calendar. HB 426 The Resources Committee has considered: HOUSE BILL NO. 426 "An Act establishing the Chickaloon Flats Critical Habitat Area." and recommends it be replaced with: CS FOR HOUSE BILL NO. 426(O&G) (same title) The report was signed by Representative Hudson, Vice Chair, with the following individual recommendations: Do pass (4): Davies, Mulder, Bunde, Hudson No recommendation (3): Carney, Green, James 1994-02-28 House Journal Page 2548 HB 426 The following fiscal note applies to CSHB 426(O&G): Zero fiscal note, Dept. of Fish & Game, 2/18/94 HB 426 was referred to the Finance Committee. HB 456 The Finance Committee has considered: 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." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Grussendorf, Navarre, Brown, Foster No recommendation (6): MacLean, Larson, Hanley, Martin, Parnell, Therriault HB 456 was referred to the Rules Committee for placement on the calendar. HB 477 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 477 "An Act increasing the amount of local contributions that may be made to a city or borough school district under the foundation formula; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Williams, Willis, Davies Do not pass (1): Toohey No recommendation (3): Sanders, Bunde, Olberg 1994-02-28 House Journal Page 2549 HB 477 The following fiscal note applies to HB 477: Zero fiscal note, Dept. of Education, 2/28/94 HB 477 was referred to the Health, Education & Social Services Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dandy Stevens, Diamond High School Head Football Coach By Representative Hanley Honoring - Juneau-Douglas High School Basketball Team By Representatives Ulmer, Hudson; Senator Duncan Commemorating - 1994 International Women's Day Celebration By Representatives Ulmer, Hudson; Senator Duncan Honoring - Tiffany Peters, Girl Scout Gold Award By Representatives Hudson, Ulmer; Senator Duncan Honoring - The Wasilla High School Cheerleaders By Senator Kerttula; Representative Carney In Memoriam - Lawrence S. Schachle By Representatives Menard, Carney, Larson; Senators Kerttula, Halford In Memoriam - Elmo Oscar Kienbaum By Senator Taylor INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HSCR 3 SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 by Representatives Phillips, Vezey, G.Davis, Barnes, Brice, Sitton and Mulder: 1994-02-28 House Journal Page 2550 HSCR 3 Disapproving Executive Order No. 89. was read the first time and referred to the Labor & Commerce Committee. HJR 60 HOUSE JOINT RESOLUTION NO. 60 by the House State Affairs Committee: Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. was read the first time and referred to the State Affairs and Judiciary Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 497 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497 by Representative Green, entitled: "An Act relating to electric and telephone cooperatives." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. HB 511 HOUSE BILL NO. 511 by the House Finance Committee, entitled: "An Act relating to the limitations period for assessments for certain state taxes, and for collection, after assessment, of taxes due the state; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil and Gas and the State Affairs and Judiciary Committees. HB 512 HOUSE BILL NO. 512 by the House State Affairs Committee, entitled: 1994-02-28 House Journal Page 2551 HB 512 "An Act relating to the awarding of attorney fees and costs in civil actions to a prevailing party in a civil action in which the losing party is a public interest litigant; and amending Alaska Rules of Civil Procedure 79 and 82." was read the first time and referred to the State Affairs and Judiciary Committees. HB 513 HOUSE BILL NO. 513 by the House Labor & Commerce Committee, entitled: "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Judiciary Committees. HB 514 HOUSE BILL NO. 514 by the House Labor & Commerce Committee, entitled: "An Act relating to risk based capital for insurers; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Judiciary Committees. HB 515 HOUSE BILL NO. 515 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the management of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Resources and Finance Committees. 1994-02-28 House Journal Page 2552 HB 515 The following fiscal note applies to HB 515: Fiscal note, Dept. of Natural Resources, 2/28/94 The Governor's transmittal letter, dated February 25, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making amendments to the Alaska Land Act, also referred to as Title 38.05. The bill also makes other amendments to the same title. The Alaska Land Act dictates how the Department of Natural Resources manages state land. Since 1959, this set of statutes has been added to and amended so that it now exceeds 180 pages in length. This past summer, I asked Commissioner Noah to review the Alaska Land Act to recommend changes that would bring greater efficiency to the management of state lands without sacrificing public involvement in land use decisions. This legislation is the result of that effort. This legislation will result in increased delivery of state government services to the citizens of Alaska at no additional costs. It will streamline procedures for mining and land actions, clarify definitions for agriculture, allow greater flexibility for managing our forests, provide for exchange of native allotments located within state park units, and make other changes necessary for cost effective and sound land management. This legislation is not intended to be a comprehensive overhaul of the Alaska Land Act, but rather the first step in a process that will continue to review the requirements of law, the needs of Alaskans, and the cost effective operation of government. I look forward to working with you to assure your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor" 1994-02-28 House Journal Page 2553 **The presence of Representative Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 429 The following was read the second time: HOUSE BILL NO. 429 "An Act relating to the special education service agency." with the: Journal Page HES RPT 5DP 1NR 2494 -ZERO FISCAL NOTE (DHSS) 2/23/94 2494 Representative Phillips moved and asked unanimous consent that HB 429 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 429 was read the third time. **The presence of Representative Hoffman was noted. The question being: "Shall HB 429 pass the House?" The roll was taken with the following result: HB 429 Third Reading Final Passage YEAS: 30 NAYS: 1 EXCUSED: 9 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Navarre 1994-02-28 House Journal Page 2554 HB 429 Excused: Davidson, B.Davis, Menard, Nordlund, Olberg, Parnell, Sitton, Ulmer, Willis And so, HB 429 passed the House. Representative Navarre gave notice of reconsideration of his vote on HB 429. SECOND READING OF HOUSE RESOLUTIONS HCR 24 The following, which had been held in second reading until today's calendar (page 2527), was again before the House: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(JUD) Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act and the Alaska Statehood Compact. Amendment No. 1 was offered by Representatives Barnes and Phillips: Page 2, lines 1 - 3, delete all material and insert: "BE IT RESOLVED that the Alaska State Legislature strongly supports the Governor in his efforts to protect against federal violations of the Alaska Statehood Act and the Alaska Statehood Compact and towards that end strongly supports his decision to file suit against the federal government in Alaska v. United States, United States Court of Federal Claims (Bruggnik), 90-454-L Civ., State v. Brown, United States District Court (Sedwick), A92-364 Civ. and State v. United States, United States Court of Federal Claims." Representative Phillips moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. 1994-02-28 House Journal Page 2555 HCR 24 The question being: "Shall CSHCR 24(JUD) am pass the House?" The roll was taken with the following result: CSHCR 24(JUD) am Second Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 9 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, B.Davis, Menard, Nordlund, Olberg, Parnell, Sitton, Ulmer, Willis And so, CSHCR 24(JUD) am passed the House. Representative Navarre gave notice of reconsideration of his vote on CSHCR 24(JUD) am. 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 - Nome Beltz High School Girls Basketball Team, 1994 3-A Girls Regional Champions By Representatives Foster, Brice, Green, James, MacLean, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Ulmer, Willis Honoring - Dillingham High School Boys Basketball Team for their Alaska State 3-A Division Third Place Finish and Boys State Academic Trophy By Senator Jacko; Representatives Hoffman, Foster, Green, James, MacLean, Mackie, Menard, Navarre, Nicholia, Nordlund, Parnell, Phillips, Ulmer, Willis 1994-02-28 House Journal Page 2556 Honoring - Valdez High School Girls Basketball Team, 1994 3-A State Champions By Senator Lincoln; Representatives Olberg, Brice, Foster, Green, James, MacLean, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Ulmer, Willis In Memoriam - Ruth Mae Simon By Representatives Foster, James, MacLean, Mackie, Menard, Nicholia In Memoriam - Barbara Ann Lanz By Senator Duncan; Representatives Ulmer, Hudson, Foster, James, Mackie, Menard, Nicholia RECONSIDERATION HCR 28 Representative Brown brought up reconsideration of the vote on HCR 28 (page 2528): The following was again before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. **The presence of Representative Parnell was noted. The question to be reconsidered: "Shall HCR 28 pass the House?" The roll was taken with the following result: HCR 28--RECONSIDERATION Second Reading Final Passage YEAS: 29 NAYS: 3 EXCUSED: 8 ABSENT: 0 1994-02-28 House Journal Page 2557 HCR 28 Yeas: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, Finkelstein Excused: Davidson, B.Davis, Menard, Nordlund, Olberg, Sitton, Ulmer, Willis And so, HCR 28 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Mackie - from 7:00 a.m., March 8 to 6:30 p.m., plane time, March 9, 1994; and, from 6:30 a.m., March 17 to 7:30 p.m., plane time, March 20, 1994 Representative Nicholia - from 7:00 p.m., March 14 to 10:00 p.m., plane time, March 20, 1994 There being no objection, it was so ordered. SB 135 The Speaker waived the Transportation Committee referral on the following at the request of Representative Foster, Chair: CS FOR SENATE BILL NO. 135(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right -of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." 1994-02-28 House Journal Page 2558 SB 135 CSSB 135(FIN) was removed from the Transportation Committee and was referred to the State Affairs Committee. Representative James added her name as cross sponsor. ENGROSSMENT HCR 28 HCR 28 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber after adj., 2/28 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 2, 1994. There being no objection, the House adjourned at 11:53 a.m. Suzi Lowell Chief Clerk