Legislature(1993 - 1994)
1994-05-13 House Journal
Full Journal pdf1994-05-13 House Journal Page 4397 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SPECIAL SESSION Juneau, Alaska Friday May 13, 1994 Second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 7:15 p.m. Representatives Barnes, Carney, Grussendorf, James, Phillips, Martin, Navarre, Sitton and Ulmer were present for a technical session. The invocation was offered by the Chaplain Designee, Representative Ulmer. The Pledge of Allegiance was led by Representative Sitton. MESSAGES FROM THE GOVERNOR HB 69 A message dated May 12, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." Chapter No. 41, SLA 1994 Effective Date: August 10, 1994 1 1994-05-13 House Journal Page 4398 HB 453 A message dated May 12, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." Chapter No. 42, SLA 1994 Effective Date: May 13, 1994 SB 141 The following letter, dated May 10, 1994, was received: "Dear Speaker Barnes: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 141 (FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." I support educational programs that provide appropriate work experience for high school students and other programs designed to make the school-to-work transition more successful. However, one of my highest priorities has been, and continues to be, the provision of safe and adequate educational facilities. School districts have direct control over the safety of educational facilities. By providing immunity from liability, this legislation eliminates the incentive for the school district and the employer to provide a safe work experience for students. Although some high risk work environments may be safe for adults who have the proper training and experience, without special consideration, the same workplace may not be safe for a young untrained student. Only the sponsoring school district and the employer can make that determination. The state should not be part 1994-05-13 House Journal Page 4399 SB 141 of these decisions, nor bear any financial responsibility for the outcome, other than providing state aid for public schools. Expenses related to insurance options and other methods of transferring risk are part of prudent resource management and are allowable expenses of public school districts. Workers' compensation insurance coverage for volunteers and uncompensated work experience students may be the least expensive insurance option available to the school districts. The state provides general oversight of the public school system and most of the financial support by way of the public school foundation program. The foundation program provides funds for the basic K-12 program, as well as supplementary funds for vocational education and work experience programs. The cost of placing students in work experience programs is part of the cost of providing an appropriate educational program and should be paid with dollars provided for that purpose. In recognition of local control of educational program options and individual course offerings, the state should not determine the placement of work experience students nor carry the financial responsibility for those placements. It is my hope that the Legislature and the Department of Education can work cooperatively to develop legislation which addresses the concerns of potential employers and serves to expand appropriate placement opportunities for students without putting the students at unreasonable risk. Resources available through the foundation program are adequate to fund appropriate educational programs. Sincerely, /s/ Walter J. Hickel Governor" MESSAGES FROM THE SENATE HJR 47 A message dated May 10, 1994, was read stating the Senate has passed: 1994-05-13 House Journal Page 4400 HJR 47 HOUSE JOINT RESOLUTION NO. 47 am Relating to schools on military installations. HJR 47 was referred to the Chief Clerk for enrollment. HJR 64 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 64 Relating to the projects of the Alaska Aerospace Development Corporation for satellite ground stations and a rocket launch facility. HJR 64 was referred to the Chief Clerk for enrollment. HB 324 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE BILL NO. 324 "An Act extending the termination date of the Board of Dental Examiners; and providing for an effective date." HB 324 was referred to the Chief Clerk for enrollment. HB 394 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." HB 394 was referred to the Chief Clerk for enrollment. 1994-05-13 House Journal Page 4401 HB 412 A message dated May 10, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 412(HES) am "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date." CSHB 412(HES) am was referred to the Chief Clerk for enrollment. HB 445 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE BILL NO. 445 am "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test." HB 445 am was referred to the Chief Clerk for enrollment. HB 447 A message dated May 10, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 447(FIN) "An Act establishing the Afognak Island State Park." A Senate Finance Committee Letter of Intent was attached (page 4558 of the Senate Journal). CSHB 447(FIN) was referred to the Chief Clerk for enrollment. 1994-05-13 House Journal Page 4402 HB 510 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE BILL NO. 510 "An Act making appropriations to satisfy the agreed-upon monetary terms of a collective bargaining agreement for certain employees of the University of Alaska; and providing for an effective date." HB 510 was referred to the Chief Clerk for enrollment. HB 517 A message dated May 10, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 517(JUD) "An Act relating to innocent misrepresentations by agents in real property transfers." CSHB 517(JUD) was referred to the Chief Clerk for enrollment. HB 548 A message dated May 10, 1994, was read stating the Senate has passed: HOUSE BILL NO. 548 "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." HB 548 was referred to the Chief Clerk for enrollment. HB 454 A message dated May 11, 1994, was read stating the Senate has passed: 1994-05-13 House Journal Page 4403 HB 454 CS FOR HOUSE BILL NO. 454(FIN) "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." CSHB 454(FIN) was referred to the Chief Clerk for enrollment. HCR 39 A message dated May 13, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 39 Suspending Uniform Rules 47 and 55 of the Alaska State Legislature relating to the carry over of bills to a special session. HCR 39 was referred to the Chief Clerk for enrollment. HJR 11 A message dated May 10, 1994, was read stating the Senate has failed: HOUSE JOINT RESOLUTION NO. 11(fld S) Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. HJR 11(fld S) was referred to the Chief Clerk for permanent filing. HB 372 A message dated May 10, 1994, was read stating the Senate has failed: HOUSE BILL NO. 372(fld S) "An Act relating to the four dam pool transfer fund." HB 372(fld S) was referred to the Chief Clerk for permanent filing. 1994-05-13 House Journal Page 4404 HB 459 A message dated May 10, 1994, was read stating the Senate has failed: SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S(fld S) "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims; and amending Alaska Rule of Civil Procedure 82." SCS CSHB 459(JUD) am S(fld S) was referred to the Chief Clerk for permanent filing. HB 201 A message dated May 11, 1994, was read stating the Senate has passed CSHB 201(FIN) am with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by Ch. 66, SLA 1991; and providing for an effective date." CSHB 201(FIN) am is under Unfinished Business. HB 371 A message dated May 11, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date." 1994-05-13 House Journal Page 4405 HB 371 with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." The title change is authorized by SCR 23. CSHB 371(FIN) am is under Unfinished Business. HB 370 The following message, dated May 13 1994, was received: "Madam Speaker: Pursuant to normal operating procedures, the Senate returned CCS HB 370 (An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date) to you on May 13 at 11:07 a.m. On May 11, the Senate passed the bill with the following votes: Passage 12Y 7N Effective date 19Y 1N Budget Reserve Fund 15Y N4 A1 Sincerely, /s/ Senator Halford President of the Senate" 1994-05-13 House Journal Page 4406 HJR 43 A message dated May 11, 1994, was read stating the Senate has rescinded its previous action in failing to adopt the report of the Conference Committee with limited powers of free conference on CSHJR 43(FIN) and SCS CSHJR 43(JUD), thus adopting: CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 43 Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. The House has adopted CCS HJR 43 (page 4358). CCS HJR 43 was referred to the Chief Clerk for engrossment and enrollment. HB 254 A message dated May 11, 1994, was read stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSHB 254(JUD) am(ct rule fld) and SCS CSHB 254(RLS) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 254 "An Act relating to open meetings of governmental bodies; and providing for an effective date." CCS HB 254 was referred to the Chief Clerk for engrossment and enrollment. A message dated May 11, 1994, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 by the Senate Finance Committee: 1994-05-13 House Journal Page 4407 SCR 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 371, making appropriations to the mental health trust fund. was read the first time. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee Dept. of Revenue/Dept. of Natural Resources Constitutional Budget Reserve Fund April 25, 1994 (as required by AS 24.20.311) UNFINISHED BUSINESS Representative Phillips stated that the following member amends her excuse from a call of the House as noted: Representative Brown - amends previously excused absence from May 26 through May 27, 1994 (page 4052), to May 20 through June 30, 1994. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 15, 1994. There being no objection, the House adjourned at 7:24 p.m. Suzi Lowell Chief Clerk