Legislature(1995 - 1996)
1995-06-27 House Journal
Full Journal pdf1995-06-27 House Journal Page 2255 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday June 27, 1995 First Supplement CERTIFICATION OF THE JOURNAL As Chief Clerk, I certify as to the correctness of the journal for the 121st legislative day and House Journal Supplement No. 9 of the First Regular Session of the Nineteenth Legislature. MESSAGES FROM THE SENATE SB 16 A message dated May 17, 1995, was received stating the Senate has concurred in the House amendment to CSSB 16(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." ENROLLMENT HB 286 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:18 a.m., May 17, 1995: 1 1995-06-27 House Journal Page 2256 HB 286 SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." ENGROSSMENT AND ENROLLMENT HB 237 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:18 a.m, May 17, 1995: CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." MESSAGES FROM THE GOVERNOR HB 286 A message dated May 18, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2257 HB 286 SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." Chapter No. 31, SLA 1995 Effective Date: May 19, 1995 MESSAGES FROM THE SENATE HJR 23 A message dated May 18, 1995, was received stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program. CSHJR 23(FSH) was referred to the Chief Clerk for enrollment. HB 10 A message dated May 18, 1995, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." CSHB 10(STA) am was referred to the Chief Clerk for enrollment. HB 46 A message dated May 18, 1995, was received stating the Senate has passed: 1995-06-27 House Journal Page 2258 HB 46 CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying." CSHB 46(STA) was referred to the Chief Clerk for enrollment. HB 124 A message dated May 18, 1955, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; clarifying the conditions under which a nursing home administrator license may be denied; and providing for an effective date." CSHB 124(FIN) was referred to the Chief Clerk for enrollment. HB 217 A message dated May 18, 1995, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." CSHB 217(L&C) am(efd fld) was referred to the Chief Clerk for enrollment. HB 328 A message dated May 18, 1995, was received stating the Senate has passed: 1995-06-27 House Journal Page 2259 HB 328 HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." HB 328 was referred to the Chief Clerk for enrollment. COMMUNICATIONS HB 87 The following memorandum, dated May 18, 1995, was received from Rosemary Kimlinger, Enrolling Secretary, Division of Legal Services, regarding: HOUSE BILL NO. 87 am "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest error of omission to HB 87 am that has been corrected in enrolling: Page 3, line 22, of the engrossed bill: Delete "AS 18.50.100" and insert "AS 47.10.265" to conform the internal reference to the amendment offered on pages 1816-1819 of the House Journal and adopted on page 1819 of the House Journal." ENROLLMENT HCR 17 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 19, 1995: 1995-06-27 House Journal Page 2260 HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 92, relating to exemption of certain activities of the Alaska Housing Finance Corporation from the provisions of the Executive Budget Act. HCR 20 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 19, 1995: HOUSE CONCURRENT RESOLUTION NO. 20 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 53, relating to insurance. HJR 44 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 19, 1995: HOUSE JOINT RESOLUTION NO. 44 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters. HB 65 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 19, 1995: CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." 1995-06-27 House Journal Page 2261 ENGROSSMENT AND ENROLLMENT HB 9 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., May 19, 1995: CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." MESSAGES FROM THE GOVERNOR HB 9 A message dated May 19, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." Chapter No. 34, SLA 1995 Effective Date: August 17, 1995 HB 28 A message dated May 19, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2262 HB 28 SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." Chapter No. 33, SLA 1995 Effective Date: August 17, 1995 HB 125 A message dated May 19, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." Chapter No. 32, SLA 1995 Effective Date: May 20, 1995 SB 14 The following letter dated May 19, 1995, was received: "Dear Speaker Phillips: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR SENATE BILL NO. 14(JUD) "An Act relating to criminal mischief." 1995-06-27 House Journal Page 2263 SB 14 I have both policy and fiscal concerns with CS for SB 14 (JUD). Under current law, juveniles are automatically tried as adults if they are at least 16 years of age and are charged with murder, kidnapping, first degree sexual assault, or other similarly serious felony offenses. This bill would have required juveniles to be automatically tried as adults, regardless of their age, for the misdemeanor offense of stealing a propelled vehicle, or riding in a stolen propelled vehicle. As defined in law, "propelled vehicle" includes cars, trucks, snow machines, all- terrain vehicles, motorcycles, boats, and construction equipment. The bill would have resulted in grossly inconsistent treatment of juvenile property offenders. On one hand, the bill would have required a 9-year-old who rode on a stolen snowmachine to be automatically prosecuted as an adult, receive a permanent criminal record, and be subject to a potential year in jail and a $5000 fine. On the other hand, a 17-year-old who committed a burglary and stole jewelry worth $10,000 would be prosecuted as a juvenile and would not receive a permanent criminal record. Treating a child who commits a misdemeanor more harshly than a teenager who commits a felony is illogical. Joyriding is a potentially dangerous offense, and its impact on victims must be taken seriously. However, we need a more comprehensive and uniform response to the problem than is taken in this bill. Despite its flaws, this bill reflects a sentiment, which I share, that Alaska's juvenile justice system is not working well. The juvenile code is outdated, and does not deal effectively with crimes committed by juveniles. Because we clearly need a comprehensive rewrite of the juvenile code that imposes meaningful penalties on juvenile offenders, several months ago I directed prosecutors and children's lawyers in the Department of Law to work with the Departments of Public Safety and Health and Social Services to revise and strengthen the juvenile code. This project is already underway. When the Departments have completed their initial draft of a new juvenile code, including recommendations on joyriding, I will ask members of the public to actively participate in developing the bill that I will ultimately submit to the Legislature. 1995-06-27 House Journal Page 2264 SB 14 I also vetoed CS for SB 14 (JUD) because the Legislature failed to fully fund the fiscal notes accompanying the bill. Despite testimony by the departments that CS for SB 14 (JUD) would cost $337.7 to implement, the Legislature only appropriated $149.5 for this purpose. We cannot continue to increase the responsibilities of the juvenile justice system without providing adequate funding to the agencies that are expected to carry out those responsibilities. I look forward to working with the sponsor and co-sponsors of CS for SB 14 (JUD) to revise and adequately fund Alaskas juvenile justice system to deal effectively with the challenges presented by today's delinquent young people. Sincerely, /s/ Tony Knowles Governor" ENROLLMENT HCR 21 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: HOUSE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor. HJR 9 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: 1995-06-27 House Journal Page 2265 HJR 9 CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. HB 44 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." HB 107 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." HB 159 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: 1995-06-27 House Journal Page 2266 HB 159 SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld S) "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood." HB 182 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." HB 287 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising." HB 315 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:30 a.m., May 24, 1995: CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by 1995-06-27 House Journal Page 2267 HB 315 public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." MESSAGES FROM THE GOVERNOR HB 108 A message dated May 24, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 108 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Chapter No. 35, SLA 1995 Effective Date: August 22, 1995 HB 115 A message dated May 24, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." Chapter No. 37, SLA 1995 Effective Date: August 22, 1995 HB 183 A message dated May 24, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2268 HB 183 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." Chapter No. 36, SLA 1995 Effective Date: May 25, 1995 HB 214 A message dated May 24, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format." Chapter No. 39, SLA 1995 Effective Date: August 22, 1995 SB 150 A message dated May 24, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 150 "An Act establishing Dutch Harbor Remembrance Day." Chapter No. 38, SLA 1995 Effective Date: August 22, 1995 1995-06-27 House Journal Page 2269 UNFINISHED BUSINESS HR 10 The Rules Committee submitted the following fiscal note: Zero fiscal note, House Rules Committee, 5/2/95 for: HOUSE RESOLUTION NO. 10 Relating to the conversion of the Naval Air Facility in Adak. HR 10 was transmitted to the Governor on May 5, 1995 (page 1903). HB 4 On May 24, 1995, Representative Robinson added her name as cosponsor to: CS FOR HOUSE BILL NO. 4(STA)(title am) "An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for vocational, professional, or other specific education for which a comparable program is not reasonably available in the state, for secondary or postsecondary education, for military service, for medical treatment, for service in the Congress or in the Peace Corps, or for other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, and 1994 permanent fund dividends of certain spouses and dependents of eligible applicants; relating to appeal periods for certain 1994 permanent fund dividends; and providing for an effective date." 1995-06-27 House Journal Page 2270 MESSAGES FROM THE GOVERNOR HB 86 A message dated May 25, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes." Chapter No. 40, SLA 1995 Effective Date: August 23, 1995 HB 225 A message dated May 25, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date." Chapter No. 44, SLA 1995 Effective Date: May 26, 1995 SB 79 A message dated May 25, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2271 SB 79 CS FOR SENATE BILL NO. 79(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." Chapter No. 43, SLA 1995 Effective Date: August 23, 1995 SB 124 A message dated May 25, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." Chapter No. 42, SLA 1995 Effective Date: July 1, 1995 SB 147 A message dated May 25, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." Chapter No. 41, SLA 1995 Effective Date: August 23, 1995 HB 140 A message dated May 26, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2272 HB 140 CS FOR HOUSE BILL NO. 140(FSH) "An Act relating to surety bonds required of certain fish processors." Chapter No. 46, SLA 1995 Effective Date: August 24, 1995 HB 208 A message dated May 26, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 208(FSH) "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date." Chapter No. 48, SLA 1995 Effective Date: See Chapter HB 239 A message dated May 26, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 239(STA) "An Act declaring the four spot skimmer dragonfly as the official state insect." Chapter No. 49, SLA 1995 Effective Date: August 24, 1995 SB 3 A message dated May 26, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2273 SB 3 SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." Chapter No. 45, SLA 1995 Effective Date: August 24, 1995 SB 21 A message dated May 26, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." Chapter No. 47, SLA 1995 Effective Date: August 24, 1995 HB 35 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." Chapter No. 52, SLA 1995 Effective Date: August 25, 1995 HB 39 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2274 HB 39 CS FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." Chapter No. 53, SLA 1995 Effective Date: August 25, 1995 HB 74 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 74(FIN) "An Act relating to the assault of children by adults." Chapter No. 54, SLA 1995 Effective Date: August 25, 1995 SB 7 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." Chapter No. 50, SLA 1995 Effective Date: August 25, 1995 SB 28 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2275 SB 28 CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date." Chapter No. 56, SLA 1995 Effective Date: See Chapter SB 67 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion." Chapter No. 51, SLA 1995 Effective Date: August 25, 1995 SB 154 A message dated May 27, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." Chapter No. 55, SLA 1995 Effective Date: August 25, 1995 1995-06-27 House Journal Page 2276 ENROLLMENT HB 197 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:00 a.m., May 31, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." MESSAGES FROM THE GOVERNOR HB 13 A message dated May 31, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 13(STA) "An Act requiring persons filing for nomination for, or campaigning for election for, state elective office, persons authorized to make or incur political campaign expenditures before formally filing for nomination to state elective office, and groups acting on behalf of any of these, to file certain election campaign finance disclosure reports." Chapter No. 59, SLA 1995 Effective Date: August 29, 1995 HB 169 A message dated May 31, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state." 1995-06-27 House Journal Page 2277 HB 169 Chapter No. 60, SLA 1995 Effective Date: August 29, 1995 SB 5 A message dated May 31, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN) "An Act relating to the Alaska Election Code and to state election administration." Chapter No. 58, SLA 1995 Effective Date: August 29, 1995 SB 115 A message dated May 31, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date." Chapter No. 57, SLA 1995 Effective Date: See Chapter SB 142 A message dated June 3, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2278 SB 142 HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act establishing the Alaska Human Resource Investment Council and transferring certain functions of other entities to the council; abolishing the Employment Security Advisory Council; establishing a planning mechanism for employment training and other human resource investment needs; and providing for an effective date." Chapter No. 61, SLA 1995 Effective Date: See Chapter HB 65 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." Chapter No. 65, SLA 1995 Effective Date: September 3, 1995 HB 130 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) "An Act relating to the adoption, amendment, and repeal of regulations." Chapter No. 64, SLA 1995 Effective Date: September 3, 1995 HB 195 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2279 HB 195 CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders." Chapter No. 67, SLA 1995 Effective Date: September 3, 1995 HB 219 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 219(FIN) "An Act relating to medical care for prisoners; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners." Chapter No. 70, SLA 1995 Effective Date: September 3, 1995 HB 234 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 234(JUD) "An Act relating to administrative adjudication under the Administrative Procedure Act." Chapter No. 63, SLA 1995 Effective Date: September 3, 1995 HB 297 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2280 HB 297 HOUSE BILL NO. 297 "An Act relating to fees for a commercial fishing vessel license." Chapter No. 71, SLA 1995 Effective Date: September 3, 1995 SB 53 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Chapter No. 62, SLA 1995 Effective Date: See Chapter SB 58 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials." Chapter No. 69, SLA 1995 Effective Date: September 3, 1995 SB 93 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2281 SB 93 HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES)(efd fld S) "An Act relating to the disposal of state land along the Dalton Highway." Chapter No. 72, SLA 1995 Effective Date: September 3, 1995 SB 117 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 117(HES) am H "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." Chapter No. 66, SLA 1995 Effective Date: June 6, 1995 SB 171 A message dated June 5, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date." Chapter No. 68, SLA 1995 Effective Date: June 6, 1995 HB 237 A message dated June 6, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2282 HB 237 CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." Chapter No. 75, SLA 1995 Effective Date: September 4, 1995 HB 274 A message dated June 6, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." Chapter No. 73, SLA 1995 Effective Date: See Chapter SB 130 A message dated June 6, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 130(RLS) "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date." Chapter No. 74, SLA 1995 Effective Date: June 7, 1995 1995-06-27 House Journal Page 2283 HB 315 A message dated June 7, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." Chapter No. 76, SLA 1995 Effective Date: September 5, 1995 SB 88 A message dated June 8, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; and providing for an effective date." Chapter No. 77, SLA 1995 Effective Date: See Chapter SB 25 A message dated June 9, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." Chapter No. 78, SLA 1995 Effective Date: September 7, 1995 1995-06-27 House Journal Page 2284 ENROLLMENT HB 268 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 12:00 p.m., June 12, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) "An Act making and amending appropriations; and providing for an effective date." ENGROSSMENT AND ENROLLMENT HB 78 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 12:00 p.m., June 12, 1995: CONFERENCE CS FOR HOUSE BILL NO. 78 "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." HB 100 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 12:00 p.m., June 12, 1995: 1995-06-27 House Journal Page 2285 HB 100 CONFERENCE CS FOR HOUSE BILL NO. 100 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." ENGROSSMENT HJR 23 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program. HJR 25 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: 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. HJR 42 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) Relating to regulation of water carriers serving Alaska. 1995-06-27 House Journal Page 2286 HB 10 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." HB 17 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." HB 20 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; and providing for an effective date." HB 46 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: 1995-06-27 House Journal Page 2287 HB 46 CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying." HB 87 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: HOUSE BILL NO. 87 am "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." HB 116 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code." HB 119 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: HOUSE BILL NO. 119 am S "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date." 1995-06-27 House Journal Page 2288 HB 122 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." HB 124 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; clarifying the conditions under which a nursing home administrator license may be denied; and providing for an effective date." HB 200 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: HOUSE BILL NO. 200 am S "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ 1995-06-27 House Journal Page 2289 HB 200 guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date." HB 201 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." HB 207 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." HB 233 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: 1995-06-27 House Journal Page 2290 HB 233 CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending 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, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." HB 288 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S) "An Act relating to procurement preferences and authorizing certain state real property lease extensions." HB 328 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:10 a.m., June 13, 1995: HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." HB 217 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:31 a.m., June 13, 1995: 1995-06-27 House Journal Page 2291 HB 217 CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." MESSAGES FROM THE GOVERNOR HB 159 A message dated June 15, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld S) "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood." Chapter No. 80, SLA 1995 Effective Date: September 13, 1995 HB 201 A message dated June 15, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 1995-06-27 House Journal Page 2292 HB 201 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." Chapter No. 79, SLA 1995 Effective Date: See Chapter SB 46 A message dated June 15, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." Chapter No. 81, SLA 1995 Effective Date: September 13, 1995 HB 44 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: 1995-06-27 House Journal Page 2293 HB 44 SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." Although this Administration applauds efforts to reform campaign financing, the method proposed in this bill is flawed and off the mark. The bill would have prohibited contributions to political organizations, such as campaign committees or political parties, from the proceeds of charitable gaming, but would have permitted contributions to an individual candidate from these sources. This confusing provision invites abuse and illegal actions, intentional or unintentional, because of its interplay with current campaign finance requirements. This provision would have been virtually impossible to police because establishing a violation would have required proof of the contributor's degree of knowledge regarding the ultimate disposition of funds. Additionally, the policing of campaigns and contributions to political candidates and organizations comes under the aegis of the Alaska Public Offices Commission. This bill would have placed enforcement in the hands of the Department of Revenue, which has neither expertise nor experience in the administration of campaign and political organization monitoring. Further, the legislature did not fund the Department of Revenue to administer and enforce the bill. The reforms the bill sought to achieve were aimed at charitable and civic organizations that wish to contribute to political causes, not at candidates or organizations themselves. Moreover, in reality the bill would not have prevented campaign contributions from these organizations, but would have simply dictated that funds used for contributions be generated from some source other than charitable 1995-06-27 House Journal Page 2294 HB 44 gaming. A contributing organization, thus, would merely have had to allocate funds ordinarily used for other purposes, e.g., operating funds, to political contributions and make up the shortfall in that area from the proceeds of charitable gaming. This sort of shell game effects no real reforms on campaign financing. I am also troubled by the fact that the bill, in somewhat inconsistent fashion, appeared to advance the notion that money raised through gaming is tainted, yet it did not aim at all gaming. The bill would have permitted political organizations to conduct raffles, while denying them the ability to conduct any other sort of gaming operation. There is little really gained simply by barring some types of games, yet leaving the door open to a considerable opportunity to raise funds through another type of gaming. If money raised through gaming by political organizations is considered inappropriate, all sources of gaming proceeds should have been deleted. My administration stands ready to support reasonable, effective reforms that increase public confidence in campaign financing. Sincerely, /s/ Tony Knowles Governor" HB 78 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CONFERENCE CS FOR HOUSE BILL NO. 78 "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; 1995-06-27 House Journal Page 2295 HB 78 proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." I exercise my constitutional right of veto with considerable regret. As you recall, this bill had previously passed the House of Representatives with unanimous bipartisan support and after extensive work with the Administration. At the time, I hailed the House action as a significant step forward on the road to meaningful welfare reform in Alaska; reform that would train people for work--put them to work--keep them working--and make it pay to work. Unfortunately, subsequent amendments resulted in a bill that would be irresponsible and have drastic impacts on children in Alaska. This bill still includes some very positive ideas that deserve to be part of our long-term strategy for welfare reform. The provisions of the bill relating to revocation of occupational and drivers licenses for persons in arrears on their child support payments are particularly desirable. With the continued support of the legislature for strengthening our child support enforcement efforts, I look forward to signing legislation on this subject next year. Unfortunately, the bill now includes some provisions that are ill- advised and premature, given pending Congressional action on federal welfare reform. Some provisions of this bill require changes in federal law that may never occur. Some of the benefit restrictions of the bill, like the lifetime limit on benefits, are more extreme than the most restrictive policies we are likely to see adopted by Congress or any other state because of the risks these policies would pose for children. I favor the use of time limits that are carefully crafted to encourage persons to move from welfare to work; but I am troubled by the provisions of the bill which establish a 60 month lifetime limit on Aid to Families with Dependent Children (AFDC) benefits. Although the lifetime limit included in the bill appears to be based on a related provision in federal legislation recently passed by the United States House of Representatives, there is a critical difference between the two provisions. 1995-06-27 House Journal Page 2296 HB 78 The federal legislation, which may or may not become law, would place a cap on benefits for a "family of an individual, who, after attaining 18 years of age, has received benefits under the program....for 60 months..." In contrast, the bill before me today states that "a person is not eligible to receive benefits...for more than a total of 60 months..." The effect of this provision bars a child whose parents use the program from ever receiving help again in his or her lifetime. This implies that it is the desire of the Legislature to limit children to a lifetime total of 60 months of benefits--regardless of the childs circumstances. While I can understand the logic of the federal legislation which is at least arguably designed to encourage able bodied adults to move off the welfare rolls to support their families, I cannot understand how this logic applies to children. Surely the state should not punish children throughout their lifetime for the actions of their parents. The 60 month lifetime limit also fails to acknowledge the reality of the Alaskan economy. While I am optimistic about the potential for economic growth in Alaska in the years to come, my optimism is nevertheless firmly rooted in a realistic assessment of where we are today. Alaskan families who find themselves suddenly unemployed due to sudden changes in our basic industries--the recent closure of the Wrangell mill, for example-- should not find themselves ineligible for assistance due to inflexible time limits. An absolute time limit on public assistance benefits makes sense only if there are jobs available for people to support their families. Many rural communities suffer from chronic unemployment and urban Alaska, with its history of boom and bust economic cycles, cannot necessarily provide the number of new jobs needed to absorb a sudden increase of Alaskans who may have no means to support their children when they have exhausted their AFDC benefits. It would likely fall to local governments and local taxpayers to deal with the consequences of this shortsighted policy. In addition, another provision of the bill establishes a 24 month limit on benefits for families participating in the JOBS program. Given the 60 month lifetime limit, a significant disincentive is created for clients 1995-06-27 House Journal Page 2297 HB 78 to engage in those activities most likely to result in long term self- sufficiency--vocational training and other educational activities. This simply makes no sense. The legislature also disregarded the fiscal implications of this bill. The Department of Health and Social Services provided the legislature with a detailed analysis of the costs as well as the savings generated by the bill. The legislature arbitrarily doubled the savings generated by the bill and reduced the costs of the bill by approximately one-half. The fiscal notes approved by the legislature for the first year are simply inadequate to implement the program. Finally, I fully recognize the need to contain costs in our public assistance programs and I truly believe that those who are able to work should work. However the underlying assumptions which seem to have led the legislature to adopt this bill in its final form--the belief that our public assistance programs are the object of widespread abuse by able-bodied adults who simply will not work--prompt me to once again point out a simple fact that is all too often forgotten in the welfare reform debate. The fact is that most of the people receiving AFDC benefits for food, shelter and clothing are children--26,000 of them. Next year, after reviewing Congressional actions, I plan to propose a comprehensive set of publicly debated and carefully considered program recommendations on how best to contain the costs of the AFDC programs and encourage clients to seek, obtain and maintain employment, while continuing to provide a safety net for our neediest children and families. Sincerely, /s/ Tony Knowles Governor" HB 107 A message dated June 16, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2298 HB 107 CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." Chapter No. 82, SLA 1995 Effective Date: September 14, 1995 HB 182 A message dated June 16, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." Chapter No. 83, SLA 1995 Effective Date: September 14, 1995 HB 217 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." CS for House Bill 217 (L&C) am (efd fld) contains some important issues, but in its present form creates divisiveness. Taken as a whole, HB 217 does not adequately address the real problems that face our 1995-06-27 House Journal Page 2299 HB 217 education system; rather it diverts attention away from those real problems. As Alaskans, we can do better than what is reflected in this bill. At one point in the legislative session we had a chance to reach a compromise on the four issues contained in HB 217. But this opportunity was muscled away. With my veto, I am restoring the opportunity to seek a compromise that Alaskans can live with. While two years of teaching may in some cases not be enough time to properly evaluate some new teachers before granting tenure, four years, as proposed in HB 217, is probably unnecessarily long. The section on teacher layoff raises questions about the definition of a financial emergency and at what point a school district can justifiably layoff teachers. Simplifying the grievance process for dismissed teachers has merit, but the proposal in HB 217 likely will not realize the fiscal benefits that the bill envisions. We need to slow down and take another look at these issues. My Administration has strongly supported a public employee retirement incentive program (RIP) as a way to help school districts and local and state governments get their budgets under control. My veto will delay a RIP program for school districts for another year. But with my veto, I pledge to work aggressively with the Legislature next session for a RIP program that will be useful for all levels of government, including school districts. Additionally, I will ask a committee of Alaskans to find a more positive way to address the other elements contained in HB 217: teacher tenure, teacher layoff, and judicial review. The committee will consist of representatives of all concerned parties and regions of the state. I will also ask this group to develop a proposal for a new initiative not contained in HB 217 that I feel addresses an important ingredient largely missing from our school system. This new initiative will be aimed at the professional development of the teachers and administrators employed in our public schools to arm them with the state-of-the-art skills and knowledge in educational leadership and instructional practices. By placing our children in the care of a better trained educational work force, we can expect to see positive gains in 1995-06-27 House Journal Page 2300 HB 217 the student achievement. I have asked my commissioner of education to facilitate this effort and to develop a proposal for introduction to the 1996 legislative session. It is my belief that this approach will result in a plan that will enjoy the broad support of the people of Alaska. Together we can design and support changes in education that will be good for students, teachers, districts, and all of Alaska. Sincerely, /s/ Tony Knowles Governor" HB 287 A message dated June 16, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising." Chapter No. 84, SLA 1995 Effective Date: September 14, 1995 SB 1 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes." 1995-06-27 House Journal Page 2301 SB 1 This bill would require all commissioners and agency heads to review their programs every four years, in order to identify federal directives which are inconsistent with state policy or are not cost-effective. Commissioners and agency heads must also submit reports to the governor and the Legislative Budget and Audit Committee that recommend changes in federal law which will make federally mandated state programs consistent with state policy or more cost- effective. I find it ironic that this "unfunded mandate" bill represents an unfunded mandate on state agencies. When the bill was introduced, seven departments submitted fiscal notes totaling nearly $700,000. However, the funding requested by these departments to implement HCS SB 1 (FIN) was entirely deleted by the Senate Finance Committee, apparently because the committee concluded that the departments already do what the bill requires. A regular review of major or problematic federal mandates is an integral part of good state agency management. However, I believe that the "scatter-gun" approach called for by HCS SB 1 (FIN), which requires a review of every state program linked to federal statutes or mandates, regardless of scope or level of importance, would be a wasteful use of public resources. The people of Alaska are better served by a focused approach which targets the federal mandates and programs which are of greatest importance and impact to Alaska. And, state agencies are reviewing and suggesting changes to these major federal mandates as a matter of course. Knowing of the Legislatures interest, I will ensure that the departments share this information with you. I recognize that the issue of unfunded federal mandates is an area of major concern to both the legislature and the public. I also agree with the underlying intent of this bill - to seek changes in federal programs which have a negative impact or are excessively costly for Alaska. But this bill is unnecessary, and would add a new reporting requirement for virtually every state agency. Given our need to reduce 1995-06-27 House Journal Page 2302 SB 1 the cost of state government wherever possible, we cant afford to impose unnecessary requirements like the ones in this bill on state agencies. Sincerely, /s/ Tony Knowles Governor" SB 16 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of art. 11, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." The bill provides for the selection and transfer of 350,000 acres of state land to the University of Alaska. Ever since Statehood, the University of Alaska has sought to obtain more land for their management to raise revenue to support the university system. I would support the land coming from the federal government. Like school and mental health trusts, the University obtained "in place" territorial grants of 111,211 acres from the federal government. After Statehood, a bill passed the legislature that would have conveyed additional land to them. That legislation was vetoed by Governor Egan as not being in the best interest of the state because the administrative procedures of the proposed act would complicate the work of the division of lands and would be both inefficient and confusing. Senate Bill 16 creates this same dilemma. 1995-06-27 House Journal Page 2303 SB 16 In the efforts to settle the Mental Health case, the state went through countless versions, including at least five legislative attempts, of what was equitable for the mental health trust and what land conveyances industry and public interest groups could support. At the end, the state still came up short of the original 1,000,000-acre goal originally established by the courts. To try again, one year later to establish another trust land account, especially with a very complicated process bill like SB 16, would be extremely difficult and is questionable public policy. This legislation does not adequately protect municipalities that still need to select land to fulfill their entitlements. Over 1.3 million acres of state land are committed to municipalities. Of this, only 650,000 acres have been conveyed to municipalities, 310,000 acres are selected, and an additional 350,000 remain to be selected. Under this legislation, the university can file selections before municipalities complete their selections. This problem is further compounded because some of the land already selected by municipalities will be rejected (including Original Mental Health Trust lands.) Boroughs that could be significantly negatively impacted by university selections are the Kenai Peninsula Borough, Lake and Peninsula Borough, Northwest Arctic Borough, and Denali Borough. In addition, this bill will further reduce opportunities for future boroughs to obtain land. As a result of these two processes (mental health and municipal), the state has found that there is minimal suitable land available that can generate short term revenues. By further splitting up what is available, it would add to overhead management costs and create further conflicts between land owners and users. If there was only one land owner, however, management would be by one entity and the money would be put in the general fund for allocation by the legislature to appropriate programs, including the university. This bill would convey both surface and subsurface land, including mineral, oil, and gas lands which the public strongly believes should belong to all Alaskans. Additional conveyances of the state's oil and gas interests to third parties will further fragment ownership in oil and gas prospective areas and thus add to the frustration already experienced by the oil and gas industry in their efforts to acquire leases in Alaska. 1995-06-27 House Journal Page 2304 SB 16 The bill exempts the conveyance process from utilizing AS 38.04 and 38.05 processes although it does require the department to make a best interest finding. Not following Title 38 will be very controversial and could lead to never-ending administrative and judicial appeals. The bill is convoluted and unclear as to how several of the provisions would be implemented. Finally, the land conveyed to the University, under SB 16, is to be considered private land. This has major impacts. For example, the rules for timber harvest and export are different for public versus private land. Private land is not subject to sustained yield, and has smaller stream buffers. For these reasons, I have vetoed SB 16. Sincerely, /s/ Tony Knowles Governor" SB 135 The following letter dated June 16, 1995, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 135(FIN) am H(efd fld S) "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals." Senate Bill 135 raises several substantial problems which have caused me to veto this legislation. The first is its treatment of Permanent Fund Dividend monies. Currently dividends are not paid to incarcerated felons. The money that would have been paid them is appropriated by the Legislature to programs such as the Violent Crimes 1995-06-27 House Journal Page 2305 SB 135 Compensation Program which directs monies to people who are impacted by criminal behavior. SB 135 would have added non- incarcerated felons and incarcerated, third-time misdemeanants to the list of those denied dividends. While I have no problem with this action in itself, the bill would move up the timing of the action to "double dip" and make an "extra" year's withholding available for FY 96. This "double dip" would have the effect of denying approximately five dollars from each Alaskans' dividend checks next fall. Additionally, the bill provides an exception from having to disclose the use of these "extra" dividend funds on Alaskans' check stubs. I can not be a party to this deception. The "double dipping" provided $2.7 million for the Department of Corrections which has been identified in this year's operating budget, HB 100. These funds were not supplemental to the Department's budget, but rather supplanted general fund monies. While the Department could sorely use this money, I can not go along with this form of off-line, one-time budgeting. Next year the budget needs will not go away, but the one-time monies will have to be replaced with increased general funds. Additionally, some of the PFDs currently going to non-incarcerated felons and third-time misdemeanants, perhaps hundreds of thousands of dollars, are already going to state agencies. Currently DHSS alcohol rehabilitation programs, the Child Support Enforcement Agency and other state agencies are garnishing these lawbreakers PFDs to pay for services provided them. Directing their denied dividend monies to some state agencies and programs but not others may create serious shortfalls in the funding of some programs. Although this bill is badly flawed, I do think there are ways to restructure the bill which can achieve the primary purpose of taking PFD monies from those in our society to help pay for the significant expenditures of public monies their actions cause. I stand ready to work next year toward that end. Sincerely, /s/ Tony Knowles Governor" 1995-06-27 House Journal Page 2306 HB 207 A message dated June 19, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." Chapter No. 85, SLA 1995 Effective Date: June 20, 1995 HB 10 A message dated June 20, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." Chapter No. 87, SLA 1995 Effective Date: September 18, 1995 HB 197 A message dated June 20, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." Chapter No. 86, SLA 1995 Effective Date: June 21, 1995 SB 92 A message dated June 21, 1995, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1995-06-27 House Journal Page 2307 SB 92 HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act." Chapter No. 88, SLA 1993 Effective Date: September 19, 1995 ***** All legislation passed by the First Session of the Nineteenth Legislature has been transmitted to the Governor. The Final Supplement will be printed when all messages have been received from the Governor. Suzi Lowell Chief Clerk