Legislature(1995 - 1996)

1995-03-20 House Journal

Full Journal pdf

1995-03-20                     House Journal                      Page 0799
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday             March 20, 1995         
                                                                               
                                                                               
                               Sixty-fourth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:10 a.m.                                                         
                                                                               
                                                                               
Roll call showed 37 members present.  Representatives Finkelstein,             
MacLean and Nicholia were absent.                                              
                                                                               
                                                                               
The invocation was offered by the Chaplain, Cathie Allen of the                
Baha'i Faith.  Representative Green moved and asked unanimous                  
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
"O Thou compassionate Lord, Thou Who art generous and                         
able!  We are servants of Thine sheltered beneath Thy                          
providence.  Cast Thy glance of favor upon us.  Give light to                  
our eyes, hearing to our ears, and understanding and love to                   
our hearts.  Render our souls joyous and happy through Thy                     
glad tidings.  O Lord! Point out to us the pathway of Thy                      
kingdom and resuscitate all of us through the breaths of the                   
Holy Spirit.  Bestow upon us life everlasting and confer upon                  
us never-ending honor.  Unify mankind and illumine the world                   
of humanity.  May we all follow Thy pathway, long for Thy                      
good pleasure and seek the mysteries of Thy kingdom.  O                        
God! Unite us and connect our hearts with Thy indissoluble                     
bond.  Verily, Thou art the Giver, Thou art the Kind One and                   
Thou art the Almighty.                                                         
                                                                               
--`Abdu'l-Baha"                                                               
                                                                               
                                       1                                       

1995-03-20                     House Journal                      Page 0800
The Pledge of Allegiance was led by Representative Sanders.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 61st, 62nd, and 63rd legislative days be approved as           
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 8                                                                        
A message dated March 17, 1995, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 8                                             
Designating the month of March as "Women's History Month."                    
                                                                               
HCR 8 was referred to the Chief Clerk for enrollment.                          
                                                                               
HB 137                                                                       
A message dated March 17, 1995, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 137(FIN) am                                             
"An Act making supplemental appropriations for the expenses of                
state government; making capital appropriations; amending                      
operating appropriations; making appropriations to the disaster                
relief fund and to the Alaska marine highway system fund; and                  
providing for an effective date."                                              
                                                                               
with the following amendment and it is transmitted for consideration:          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am                               
S(efd fld S)                                                                   
"An Act making supplemental appropriations for the expenses of                
state government; making capital appropriations; amending                      
operating appropriations; making appropriations to the disaster                
relief fund and to the Alaska marine highway system fund."                     
                                                                               

1995-03-20                     House Journal                      Page 0801
HB 137                                                                       
HB 137 is under Unfinished Business.                                           
                                                                               
Messages dated March 17, 1995, were read stating the Senate has                
passed the following and they are transmitted for consideration:               
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
SCR 9                                                                        
SENATE CONCURRENT RESOLUTION NO. 9 by Senators                                 
Torgerson, Phillips, Pearce, Green, Leman, Ellis and Rieger:                   
                                                                               
Relating to the twenty-seventh annual Girls' State.                           
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
**The presence of Representative Finkelstein was noted.                        
                                                                               
                                                                               
SCR 10                                                                       
SENATE CONCURRENT RESOLUTION NO. 10 by Senators                                
Torgerson, Phillips, Pearce, Green, Leman, Ellis and Rieger:                   
                                                                               
Relating to the twenty-ninth annual Boys' State.                              
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 84                                                                        
CS FOR SENATE BILL NO. 84(FIN) by the Senate Finance                           
Committee, entitled:                                                           
                                                                               
"An Act making a special appropriation to the principal of the                
permanent fund; and providing for an effective date."                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               

1995-03-20                     House Journal                      Page 0802
SB 92                                                                        
SENATE BILL NO. 92 by the Senate Rules Committee by request of                 
the Legislative Budget and Audit Committee, entitled:                          
                                                                               
"An Act requiring that, in addition to its operating budget, all              
activities of the Alaska Housing Finance Corporation are subject               
to the Executive Budget Act."                                                  
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report is on file in the Chief Clerk's office:                   
                                                                               
Dept. of Public Safety                                                         
1994 Annual Report                                                             
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The House Labor & Commerce Committee has reviewed the                          
qualifications of the following and recommends the appointment be              
forwarded to a joint session for consideration:                                
                                                                               
                                  Paige Hodson                                 
                                                                               
as a member of the Board of Certified Real Estate Appraisers.                  
                                                                               
                                                                               
The report stated that it did not reflect an intent by any of the members      
to vote for or against the named individual during any further sessions        
for the purposes of confirmation.                                              
                                                                               
The report was signed by Representative Kott, Chair, and                       
Representatives Rokeberg, Sanders and Kubina.                                  
                                                                               
                                                                               
HB 10                                                                        
The State Affairs Committee has considered:                                    
                                                                               

1995-03-20                     House Journal                      Page 0803
HB 10                                                                        
HOUSE BILL NO. 10                                                             
"An Act relating to payment for emergency services responding to              
certain motor vehicle accidents."                                              
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Green, Ivan, Robinson                                     
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/20/95                                                                        
Zero fiscal note, Dept. of Law, 3/20/95                                        
                                                                               
HB 10 was referred to the Judiciary Committee.                                 
                                                                               
HB 47                                                                        
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 47                                                             
"An Act relating to the crime of unlawful evasion."                           
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 47(STA)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (6):  Green, Bunde, Toohey, Finkelstein, B.Davis, Porter               
                                                                               
No recommendation (1):  Vezey                                                  
                                                                               
The following fiscal notes apply to CSHB 47(STA):                              
                                                                               
Zero fiscal note, Dept. of Law, 2/3/95                                         
Zero fiscal note, Dept. of Corrections, 2/3/95                                 
                                                                               
HB 47 was referred to the Finance Committee.                                   

1995-03-20                     House Journal                      Page 0804
HB 59                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 59                                                             
"An Act relating to raffles and auctions of certain permits to take           
big game; and providing for an effective date."                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 59(RES)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Green                                                            
                                                                               
No recommendation (4):  Ogan, Austerman, Kott, Williams                        
                                                                               
Amend (1):  Davies                                                             
                                                                               
The following fiscal note applies to CSHB 59(RES):                             
                                                                               
Fiscal note, Dept. of Fish & Game, 3/8/95                                      
                                                                               
HB 59 was referred to the Finance Committee.                                   
                                                                               
HB 122                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 122                                                            
"An Act authorizing payment of a portion of the motor fuel tax on             
boats and watercraft as refunds to municipalities; and providing for           
an effective date."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 122(STA)                                                
"An Act authorizing payment of a portion of the tax on motor fuel             
used in and on watercraft as refunds to municipalities, and                    
imposing a reporting requirement on certain sales or transfers of              
that motor fuel; and providing for an effective date."                         

1995-03-20                     House Journal                      Page 0805
HB 122                                                                       
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Ivan, Green, Robinson                                     
                                                                               
No recommendation (1):  Porter                                                 
                                                                               
The following fiscal note applies to CSHB 122(STA):                            
                                                                               
Fiscal note, Dept. of Revenue, 3/20/95                                         
                                                                               
HB 122 was referred to the Finance Committee.                                  
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
HB 130                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 130                                                            
"An Act relating to agency review of public comment on the                    
adoption, amendment, and repeal of regulations; relating to the                
examination of proposed regulations, amendments of regulations,                
and orders repealing regulations by the Administrative Regulation              
Review Committee and the Department of Law; relating to the                    
submission to, and acceptance by, the lieutenant governor of                   
proposed regulations, amendments of regulations, and orders                    
repealing regulations; and requiring agencies to make certain                  
determinations before adopting regulations, amendments of                      
regulations, or orders repealing regulations."                                 
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  James                                                            
                                                                               
No recommendation (2):  Green, Ivan                                            
                                                                               
Amend (1):  Robinson                                                           
                                                                               
The following fiscal notes apply:                                              
                                                                               

1995-03-20                     House Journal                      Page 0806
HB 130                                                                       
Fiscal notes (3), Office of the Governor, 3/20/95                              
Fiscal note, Dept. of Health & Social Services, 3/20/95                        
Indeterminate fiscal note, Dept. of Law, 3/20/95                               
Fiscal note, Dept. of Public Safety, 3/20/95                                   
Zero fiscal note, Dept. of Administration, 3/20/95                             
Zero fiscal note, Office of the Governor, 3/20/95                              
Zero fiscal note, Dept. of Natural Resources, 3/20/95                          
                                                                               
HB 130 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 141                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 141                                                            
"An Act relating to the appointment of members of the Board of                
Fisheries."                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 141(FSH)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Co-chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (4):  Williams, Austerman, Kott, Green                                 
                                                                               
No recommendation (2):  Davies, Ogan                                           
                                                                               
The following fiscal note applies to CSHB 141(FSH):                            
                                                                               
Zero fiscal note, Dept. of Fish & Game, 3/1/95                                 
                                                                               
HB 141 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 163                                                                       
The State Affairs Committee has considered:                                    
                                                                               

1995-03-20                     House Journal                      Page 0807
HB 163                                                                       
HOUSE BILL NO. 163                                                            
"An Act requiring an agency to provide compliance cost estimates              
for proposed regulations, amendments, and repeals of regulations               
under certain circumstances."                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
No recommendation (3):  James, Green, Ivan                                     
                                                                               
Amend (1):  Robinson                                                           
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 3/20/95                                  
Fiscal note, Dept. of Environmental Conservation, 3/20/95                      
Fiscal notes (2), Office of the Governor, 3/20/95                              
Zero fiscal notes (2), Office of the Governor, 3/20/95                         
Zero fiscal note, Dept. of Health & Social Services, 3/20/95                   
Zero fiscal note, Dept. of Military & Veterans Affairs, 3/20/95                
Zero fiscal note, Dept. of Natural Resources, 3/20/95                          
                                                                               
HB 163 was referred to the Finance Committee.                                  
                                                                               
HB 201                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 201                                                            
"An Act relating to prisoner litigation, post-conviction relief,              
sentence appeals, amending Alaska Administrative Rule 10, Alaska               
Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and                 
604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1;              
and providing for an effective date."                                          
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Green, Robinson                                           
                                                                               
No recommendation (1):  Ivan                                                   
                                                                               

1995-03-20                     House Journal                      Page 0808
HB 201                                                                       
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
                                                                               
HB 201 was referred to the Judiciary Committee.                                
                                                                               
HB 226                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 226                                                            
"An Act permitting the provision of different retirement and health           
benefits to employees based on marital status."                                
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Porter, Green, Ivan                                       
                                                                               
Amend (1):  Robinson                                                           
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Administration/All Depts., 3/20/95                  
                                                                               
HB 226 was referred to the Health, Education & Social Services                 
Committee.                                                                     
                                                                               
HB 227                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 227                                                            
"An Act clarifying a statute relating to persons who may legally              
marry; and providing for an effective date."                                   
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Green, Ivan                                               

1995-03-20                     House Journal                      Page 0809
HB 227                                                                       
Do not pass (1):  Robinson                                                     
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Alaska Court System, 3/20/95                                 
                                                                               
HB 227 was referred to the Health, Education & Social Services                 
Committee.                                                                     
                                                                               
HB 233                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 233                                                            
"An Act extending until 1999 the termination date of the Board of             
Clinical Social Work Examiners, Board of Marital and Family                    
Therapy, State Medical Board, Board of Nursing, Board of                       
Nursing Home Administrators, Board of Psychologist and                         
Psychological Associate Examiners, Real Estate Commission, and                 
Hazardous Substance Spill Technology Review Council; extending                 
until 1996 the termination date of the Board of Marine Pilots and              
the Correctional Industries Commission; and providing for an                   
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 233(L&C)                                                
"An Act extending until 2004 the termination date of the Real                 
Estate Commission and the Special Education Service Agency;                    
extending until 1999 the termination date of the Board of Clinical             
Social Work Examiners, Board of Marine Pilots, Board of Marital                
and Family Therapy, State Medical Board, Board of Nursing,                     
Board of Psychologist and Psychological Associate Examiners,                   
Board of Storage Tank Assistance, Correctional Industries                      
Commission, and Hazardous Substance Spill Technology Review                    
Council; and providing for an effective date."                                 
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (3):  Kott, Rokeberg, Kubina                                           
                                                                               

1995-03-20                     House Journal                      Page 0810
HB 233                                                                       
No recommendation (1):  Sanders                                                
                                                                               
The following fiscal notes apply to CSHB 233(L&C):                             
                                                                               
Fiscal note, Dept. of Environmental Conservation, 3/20/95                      
Fiscal note, Dept. of Commerce & Economic Development, 3/20/95                 
Zero fiscal note, Dept. of Administration, 3/20/95                             
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/20/95         
                                                                               
HB 233 was referred to the Finance Committee.                                  
                                                                               
HB 234                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 234                                                            
"An Act relating to administrative adjudication under the                     
Administrative Procedure Act."                                                 
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Green, Robinson                                           
                                                                               
No recommendation (1):  Ivan                                                   
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (4), Dept. of Commerce & Economic Development,               
3/6/95                                                                         
Zero fiscal notes (2), Dept. of Education, 3/6/95                              
Zero fiscal note, Dept. of Administration, 3/6/95                              
Zero fiscal note, Dept. of Environmental Conservation, 3/6/95                  
Zero fiscal note, Dept. of Fish & Game, 3/6/95                                 
Zero fiscal note, Dept. of Health & Social Services, 3/6/95                    
Zero fiscal note, Dept. of Labor, 3/6/95                                       
Zero fiscal note, Dept. of Law, 3/6/95                                         
Zero fiscal note, Dept. of Public Safety, 3/6/95                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/6/95          
Zero fiscal note, Dept. of Natural Resources, 3/8/95                           
                                                                               
HB 234 was referred to the Judiciary Committee.                                

1995-03-20                     House Journal                      Page 0811
SB 78                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE BILL NO. 78 am                                                         
"An Act related to the authority of certain beverage dispensary               
licensees to stock alcoholic beverages in guest rooms and                      
prohibiting certain room rentals for the purpose of providing                  
alcoholic beverages to a person under 21 years of age."                        
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Kott, Rokeberg, Kubina, Sanders                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Revenue, 2/15/95                             
                                                                               
SB 78 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - U.S. Alpine Skiing Masters Championship Participants,               
Coordinators, and Volunteers                                                   
By Representatives Toohey, Bunde                                               
                                                                               
                                                                               
Honoring - Valdez Academic Decathlon Team                                      
By Representative Kubina; Senator Lincoln                                      
                                                                               
                                                                               
Honoring - The Chatham School District                                         
By Senator Zharoff; Representative Mackie                                      
                                                                               
                                                                               
Honoring - Rear Admiral Roger T. Rufe                                          
By Senators Zharoff, Duncan                                                    

1995-03-20                     House Journal                      Page 0812
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 268                                                                       
HOUSE BILL NO. 268 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for capital project matching grant              
funds and to capitalize funds; making, amending, and repealing                 
capital appropriations; and providing for an effective date."                  
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
The Governor's transmittal letter, dated March 20, 1995, appears               
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
pleased to transmit my proposed capital budget for FY96.  I feel that          
we have succeeded in exercising budget discipline by keeping the               
administrations budget at $135 million while still addressing the basic        
needs of Alaskans.  Maintenance of existing roads, schools and                 
facilities and construction of such essentials as water, sewer, and            
transportation projects are some of my administrations highest                 
priorities.                                                                    
                                                                               
                                                                               
This bill provides $57.9 million in state and federal funds for village        
and municipal water and sewer projects.  This should go a long way             
to deal with the health hazards that exist in many areas of our state.         
$383.9 million in state and federal funds is included for roads, airports,     
facilities maintenance and other transportation related projects.              
                                                                               
                                                                               
There were no funds in the FY95 budget for school construction or              
maintenance, yet safety hazards and neglect of our schools continue.           
This bill includes $13.7 million to repair existing K-12 school facilities     
and $7 million to deal with the immediate maintenance, fire safety and         
code compliance needs on our university campuses.                              

1995-03-20                     House Journal                      Page 0813
HB 268                                                                       
As I stated in my state of the budget address in January, it is time for       
our state government to regain its technological edge.  To attempt to          
get closer to that goal, I have included funds for integrating and             
updating the criminal justice information system and extending our             
statewide communication technology.                                            
                                                                               
In order to maintain stability for local communities and assist them in        
funding their highest priority capital projects, I have included $20           
million for the capital matching grant program.  This program has              
attained a great deal of support for its ability to provide funding for all    
communities throughout Alaska in a manner that addresses their real            
needs.                                                                         
                                                                               
I am also transmitting to you the Alaska Court System's three top              
priorities for your review.                                                    
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 269                                                                       
HOUSE BILL NO. 269 by Representatives Ivan and Bunde, entitled:                
                                                                               
"An Act relating to credits against certain taxes for contributions           
to certain public educational radio and television networks and                
stations and to endowments for public educational radio and                    
television networks; and providing for an effective date."                     
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 270                                                                       
HOUSE BILL NO. 270 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to retirement incentive programs for the public              
employees' retirement system and the teachers' retirement system;              
relating to separation incentives for certain state employees; and             
providing for an effective date."                                              

1995-03-20                     House Journal                      Page 0814
HB 270                                                                       
was read the first time and referred to the State Affairs, Labor &             
Commerce and Finance Committees.                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (2), Dept. of Administration, 3/20/95                             
Indeterminate fiscal note, Office of the Governor/All Depts., 3/20/95          
                                                                               
The Governor's transmittal letter, dated March 20, 1995, appears               
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that establishes a temporary retirement incentive          
program for employees of the state, its subdivisions, and its school           
districts, and a temporary separation incentive program for employees          
of the state.                                                                  
                                                                               
Closing the state's fiscal gap will require major changes in state             
operations over the next several years.  We need to make state                 
government more efficient and eliminate nonessential services.  Our            
challenge is to accomplish these goals without forcing large layoffs of        
employees, which could ripple through the private sector and endanger          
the health of Alaska's economy.  Retirement and separation incentive           
plans have been successfully used by the private sector and                    
government to scale back payroll while eliminating or minimizing the           
need for layoffs.                                                              
                                                                               
Properly structured, these plans can be a cost-effective and humane            
method of downsizing.  This legislation will make these restructuring          
tools available to the State of Alaska, and will extend the retirement         
incentive program as an option for municipalities and school districts,        
which are also facing the need to restructure their operations and work        
forces.                                                                        
                                                                               
My Administration will use the retirement and separation incentives in         
a strategic approach, different from prior programs.  The last state           
retirement incentive program applied to all departments regardless of          
their budget or personnel situation, and had little effect on downsizing       
or restructuring government.                                                   

1995-03-20                     House Journal                      Page 0815
HB 270                                                                       
Under our approach, the programs will be tailored to the fiscal and            
staffing requirements of each department.  This approach is similar to         
private sector and federal programs.  The incentives will be used in           
combination with attrition to permanently reduce the number of                 
positions on the state payroll.  Departments will be able to participate       
in the incentive programs only if the programs contribute to their             
budget and staffing requirements and are cost effective.                       
                                                                               
This bill differs from the previous retirement incentive program (RIP)         
laws, enacted in 1986 and 1989, in that employers are specifically             
authorized to extend an incentive plan to employees in certain                 
components (e.g., certain state divisions slated for major reductions),        
in certain job classifications, or certain geographic locations.  In           
addition, with regard to the state, not all state employees will be            
eligible to apply during a window period.  Instead the commissioner            
of administration is authorized to establish window periods (of 30 to          
60 days) for some departments and not others.  This will allow                 
targeting of departments where major reductions are contemplated, and          
will alleviate the "brain drain" problem that arose when previous              
incentive programs were implemented.                                           
                                                                               
The bill also requires that cost savings be shown for each employee            
allowed to participate, and that cost savings be calculated over a three-      
year period rather than a five-year period.  This change from previous         
RIP laws will guarantee that the retirement incentive program produces         
substantial savings to the state and its local governments and school          
districts.                                                                     
                                                                               
There are some similarities between this bill and the prior RIP laws.          
As with those laws, this bill provides that eligible state, municipal, and     
school district employees in the Public Employees' Retirement System           
(PERS) and the Teachers' Retirement System (TRS) may obtain three              
years of retirement credit, to be applied toward reaching normal or            
early retirement age, reducing the actuarial reduction that early retirees     
must take, or increasing years of credited service.  An employee must          
pay the appropriate retirement system the employee's normal share for          
these three years of credit, and the employer must pay the system the          
difference between what the employee pays and the actuarial cost of            
allowing the employee to participate.  Applications for participation in       
the program will be allowed only during relatively short "window               
periods," and the employee must retire within several months after the         

1995-03-20                     House Journal                      Page 0816
HB 270                                                                       
end of a window period.  The bill imposes substantial penalties on an          
employee retiring under the RIP who accepts employment with another            
PERS or TRS employer or  with a Judicial Retirement System                     
employer, or who is reemployed as a member of the optional                     
university retirement system.                                                  
                                                                               
                                                                               
The bill also proposes, for the state only, another temporary incentive        
program, the separation incentive program, that has not been used              
previously by the state, but that has been used successfully by local          
governments and school districts in Alaska, by the federal government,         
and by the private sector.  Under this program, which may be offered           
in conjunction with the RIP or separately from that program, long-term         
state employees separating from state service may be paid a one-time           
separation incentive payment.  That payment would be $25,000 or six            
months' salary, whichever is less, unless a state department or the            
office of management and budget sets a lower payment.  As with the             
RIP, separation incentive payments could be made only if they would            
result in cost savings to the state over a three-year period; the program      
would not be open to all state employees, but could be limited to              
certain departments or job classes; there would be brief "window               
periods" for application; and there would be substantial penalties for         
reemployment by the state within three years.                                  
                                                                               
                                                                               
As this bill works its way through the legislative process,                    
representatives of my Administration will be available to answer any           
questions that members of your body might have.                                
                                                                               
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               

1995-03-20                     House Journal                      Page 0817
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 20                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 20                                                             
"An Act relating to rights in certain tide and submerged land."               
                                                                               
with the:                                                 Journal Page         
                                                                               
CRA RPT 1DP 3NR                                                   225         
FISCAL NOTES (2-DNR)                                              226         
ZERO FISCAL NOTE (DCRA)                                           226         
RES RPT WITH TITLE AMENDMENT 2DP 4NR                              332         
FISCAL NOTE (2-DNR) 2/3/95                                        333         
ZERO FISCAL NOTE (DCRA) 2/3/95                                    333         
FIN RPT CS(FIN) NEW TITLE 2DP 5NR                                 724         
2 FISCAL NOTES (F&G, DNR)                                         725         
FISCAL NOTE (DNR #1) 2/3/95                                       725         
ZERO FISCAL NOTE (DCRA) 2/3/95                                    725         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 20(FIN)                                                 
"An Act relating to conveyance of certain tide and submerged land             
to municipalities; and providing for an effective date."                       
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Moses:                           
                                                                               
Page 3, line 12, after "designation.":                                         
	Insert "Land designated as a state game refuge, game sanctuary, or            
critical habitat area may not be conveyed unless the commissioner of           
fish and game also determines that the proposed use is consistent or           
compatible with the purpose of the designation."                               
                                                                               
Page 3, line 14, after "commissioner":                                         
	Insert "of natural resources"                                                 

1995-03-20                     House Journal                      Page 0818
HB 20                                                                        
Representative Moses moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Moses:                           
                                                                               
Page 2, line 30, after "AS38.05.082":                                          
	Insert ", or, if the land is subject to a shore fisheries lease, the          
commissioner determines it is in the best interests of the state to            
convey the land"                                                               
                                                                               
Page 3, line 29, after "provided.":                                            
	Insert "The municipality may not lease land conveyed under this               
section for shore fisheries, but after conveyance, the land may be             
leased by the state for shore fisheries under AS38.05.082 if the               
commissioner determines that the lease is compatible with the                  
municipality's use of the land."                                               
                                                                               
Representative Moses moved and asked unanimous consent that                    
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB               
20(FIN) am be considered engrossed, advanced to third reading and              
placed on final passage.                                                       
                                                                               
Representative Navarre objected.                                               
                                                                               
The Speaker stated that CSHB 20(FIN) am will be in third reading on            
the March 22, 1995, calendar.                                                  
                                                                               
HB 173                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 173                                                            
"An Act relating to reports by state agencies."                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT 1DP 4NR                                                   523         
	ZERO FISCAL NOTE (GOV)                                            524         

1995-03-20                     House Journal                      Page 0819
HB 173                                                                       
Representative Vezey moved and asked unanimous consent that HB                 
173 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
HB 173 was read the third time.                                                
                                                                               
The question being:  "Shall HB 173 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 173                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter,                
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
Absent:  Nicholia                                                              
                                                                               
And so, HB 173 passed the House.                                               
                                                                               
Representative Brown gave notice of reconsideration of her vote on             
HB 173.                                                                        
                                                                               
HB 180                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 180                                                            
"An Act relating to liquor licenses issued to a hotel, motel, resort,         
or similar establishment; and providing for an effective date."                
                                                                               
with the:                                                 Journal Page         
                                                                               
	ITT RPT  2DP 5NR                                                  446         
	ZERO FISCAL NOTE (REV)                                            446         
	CRA RPT  2DP 3NR                                                  636         

1995-03-20                     House Journal                      Page 0820
HB 180                                                                       
	ZERO FISCAL NOTE (REV) 2/22/95                                    636         
	L&C RPT 2DP 4NR                                                   772         
	ZERO FISCAL NOTE (REV) 2/22/95                                    772         
                                                                               
Representative Vezey moved and asked unanimous consent that HB                 
180 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
HB 180 was read the third time.                                                
                                                                               
The question being:  "Shall HB 180 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 180                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  31   NAYS:  8   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly,         
Kott, Kubina, Mackie, Masek, Moses, Mulder, Parnell, Phillips, Porter,         
Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis                   
                                                                               
Nays:  Elton, Green, Kohring, MacLean, Martin, Navarre, Ogan,                  
Therriault                                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
And so, HB 180 passed the House.                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
HB 180 was referred to the Chief Clerk for engrossment.                        
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 25                                                                       
The following was read the second time:                                        

1995-03-20                     House Journal                      Page 0821
HJR 25                                                                       
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                 
NO. 25                                                                         
Relating to a ban on trawling in the eastern Gulf of Alaska east of           
140 degrees west longitude.                                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  2DP  3NR                                                 562         
	ZERO FISCAL NOTE (F&G)                                            562         
	RES RPT  CS(RES) 6DP 1NR                                          765         
	ZERO FISCAL NOTE (F&G) 3/3/95                                     766         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 25(RES)                                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSSSHJR 25(RES) be considered engrossed, advanced to third reading             
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSSHJR 25(RES) was read the third time.                                       
                                                                               
                                                                               
The question being:  "Shall CSSSHJR 25(RES) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSSSHJR 25(RES)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               

1995-03-20                     House Journal                      Page 0822
HJR 25                                                                       
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter,                
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
Absent:  Nicholia                                                              
                                                                               
And so, CSSSHJR 25(RES) passed the House and was referred to the               
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey 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 - Joe Redington, Sr.                                                  
By Representatives Masek, Kohring, Phillips, Brice, Bunde, Davies, B.          
Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina,          
Mulder, Navarre, Porter, Rokeberg, Sanders, Toohey, Vezey; Senators            
Halford, Green                                                                 
                                                                               
Honoring - Juneau-Douglas High School DECA Group, An                           
Association of Marketing Students                                              
By Representatives Robinson, Elton, Brice, Bunde, B. Davis, Foster,            
Grussendorf, James, Kubina, Mackie, Navarre, Rokeberg, Sanders,                
Vezey; Senator Duncan                                                          
                                                                               
Commemorating - Chugach State Park Twenty-fifth Anniversary                    
By Representatives Willis, Finkelstein, Brown, Navarre, Bunde, B.              
Davis, Foster, Grussendorf, Hanley, James, Kubina, Mackie, MacLean,            
Mulder, Navarre, Rokeberg, Sanders; Senators Ellis, Salo                       
                                                                               
Honoring - Sharon Richards                                                     
By Senator Kelly; Representatives Phillips, Brown, B. Davis,                   
Finkelstein, Foster, Hanley, James, Mackie, MacLean, Masek, Mulder,            
Porter, Robinson, Rokeberg, Sanders, Toohey                                    
                                                                               

1995-03-20                     House Journal                      Page 0823
In Memoriam - Gayle Ann Sherwood Berube                                        
By Senator Kelly; Representatives Phillips, B. Davis, Foster, James,           
Kott, Mackie, Mulder, Rokeberg, Sanders, Toohey                                
                                                                               
In Memoriam - Hilda Marie McGaha                                               
By Senator Kelly; Representatives Phillips, B. Davis, Foster, James,           
Kott, Mackie, Mulder, Rokeberg, Sanders, Toohey                                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House as noted:                
                                                                               
Representative Bunde - from 6:00 a.m., March 25 to 9:00 p.m., plane            
time, March 26, 1995                                                           
                                                                               
Representative Kubina - from 6:55 p.m., March 23 to 9:29 a.m., plane           
time, March 27, 1995                                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 258                                                                       
The Speaker waived the House Special Committee on Fisheries referral           
on the following at the request of Representative Austerman, Chair:            
                                                                               
HOUSE BILL NO. 258                                                            
"An Act relating to compensation for agents who sell licenses and             
tags for the Department of Fish and Game."                                     
                                                                               
HB 258 was referred to the Resources Committee.                                
                                                                               
SB 41                                                                        
The Speaker waived the House Special Committee on Fisheries referral           
on the following at the request of Representative Austerman, Chair:            
                                                                               
SENATE BILL NO. 41                                                            
"An Act relating to reports by fishing vessels that are not                   
registered under the laws of the state."                                       
                                                                               
SB 41 was referred to the Judiciary Committee.                                 
                                                                               

1995-03-20                     House Journal                      Page 0824
Representative Barnes rose to a point of order stating it was improper         
to refer to the other body and members by name.                                
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
SB 68                                                                        
The Speaker waived the House Special Committee on Fisheries referral           
on the following at the request of Representative Austerman, Chair:            
                                                                               
CS FOR SENATE BILL NO. 68(HES) am                                             
"An Act relating to the donation to a food bank of hatchery                   
salmon, to the donation of food by meat processors, seafood                    
processors, manufacturers, packers, processors, bottlers, and similar          
entities, and to who qualifies as a food bank."                                
                                                                               
SB 68 was referred to the Health, Education & Social Services                  
Committee.                                                                     
                                                                               
HJR 25                                                                       
Representatives Navarre, Mackie and Toohey added their names as                
cosponsors to:                                                                 
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 25(RES)                                                         
Relating to a ban on trawling in the eastern Gulf of Alaska east of           
140 degrees west longitude.                                                    
                                                                               
HB 10                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 10                                                             
"An Act relating to payment for emergency services responding to              
certain motor vehicle accidents."                                              
                                                                               
HB 158                                                                       
Representative Rokeberg added his name as cosponsor to:                        
                                                                               
HOUSE BILL NO. 158                                                            
"An Act relating to civil actions; amending Alaska Rules of Civil             
Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702;                
and providing for an effective date."                                          
                                                                               

1995-03-20                     House Journal                      Page 0825
HB 160                                                                       
Representative Ivan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 160                                                            
"An Act relating to a curriculum for Native language education;               
and providing for an effective date."                                          
                                                                               
HB 167                                                                       
Representative Ivan added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 167                                                            
"An Act relating to educational programs for Alaska Native                    
languages, culture, and history, to teachers of Alaska Native                  
languages and culture and history, and to Alaska Native Teachers."             
                                                                               
HB 173                                                                       
Representatives Robinson, Therriault and Kubina added their names as           
cosponsors to:                                                                 
                                                                               
HOUSE BILL NO. 173                                                            
"An Act relating to reports by state agencies."                               
                                                                               
HB 267                                                                       
Representative Kelly added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 267                                                            
"An Act relating to review and expiration of regulations; and                 
providing for an effective date."                                              
                                                                               
SCR 9                                                                        
Representatives Bunde, Navarre and Grussendorf added their names as            
cross sponsors to:                                                             
                                                                               
SENATE CONCURRENT RESOLUTION NO. 9                                            
Relating to the twenty-seventh annual Girls' State.                           
                                                                               
SCR 10                                                                       
Representatives Bunde, Navarre and Grussendorf added their names as            
cross sponsors to:                                                             
                                                                               
SENATE CONCURRENT RESOLUTION NO. 10                                           
Relating to the twenty-ninth annual Boys' State.                              

1995-03-20                     House Journal                      Page 0826
SB 84                                                                        
Representative Martin added his name as cross sponsor to:                      
                                                                               
CS FOR SENATE BILL NO. 84(FIN)                                                
"An Act making a special appropriation to the principal of the                
permanent fund; and providing for an effective date."                          
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 25                                                                       
CSSSHJR 25(RES) was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 180                                                                       
HB 180 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 183                                                                       
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:                                   
                                                                               
CS FOR HOUSE BILL NO. 183(FIN)                                                
"An Act limiting the authority of the Alaska Housing Finance                  
Corporation to use money or another asset of the corporation to                
acquire or construct a building for the corporation's use and                  
occupancy, and extending the requirements of preliminary                       
evaluation, notice, and prior legislative approval of certain                  
lease-purchase agreements to include proposed improvements to                  
real property; and providing for an effective date."                           
                                                                               
SB 13                                                                        
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. 13(FIN)                                   
"An Act relating to the admissibility into evidence of                        
deoxyribonucleic acid (DNA) profiles in civil and criminal                     
proceedings; and amending Rule 703 of the Alaska Rules of                      
Evidence."                                                                     

1995-03-20                     House Journal                      Page 0827
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Labor & Commerce                                                               
HB 236  REDUCTION IN STATE EMPLOYEE                                            
COMPENSATION                       Capitol 17          3:00 p.m., 3/20         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 22, 1995.  There being no                
objection, the House adjourned at 12:26 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk