Legislature(1995 - 1996)
1996-01-19 House Journal
Full Journal pdf1996-01-19 House Journal Page 2479 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 19, 1996 Twelfth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:09 a.m. Roll call showed 35 members present. Representatives Brown and Williams had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Navarre - from 10:00 a.m. today to 9:30 p.m., plane time, January 21, 1996 Representative Nicholia - from 10:00 a.m. today to 1:45 p.m., plane time, January 22, 1996 The invocation was offered by the Chaplain, Representative Martin. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord we thank You for this very beautiful day. We thank You for the signs of spring that are coming upon us. We hear that the robins are in town. We thank You for allowing us to join together to decide what is best for our society. We also ask special blessing for our colleague, Bette Cato, who has passed away today. We ask that You take her into Your arms and hug her; squeeze her tight and let her know that we are 1996-01-19 House Journal Page 2480 thinking of her and our prayers are with her. Thank You for all the goodness You have given this great state of Alaska. Through your son Jesus Christ we pray. Amen. The Pledge of Allegiance was led by Representative Mackie. * * * * Representatives Mulder, Barnes and Kubina paid special tribute to former Representative Bette Cato. The body observed a moment of silence in her memory. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 10th and 11th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Commerce & Economic Development Alaska Science & Technology Foundation 1995 Annual Report The following report is on file in the Chief Clerk's office and was referred to the Community & Regional Affairs and Finance Committees: Department of Community & Regional Affairs Local Boundary Commission Recommendations to the Legislature January 17, 1996 (as required by AS 44.47.567) The Commission's recommendations appear in Senate & House Joint Journal Supplement No. 17. 1996-01-19 House Journal Page 2481 REPORTS OF STANDING COMMITTEES The Judiciary Committee recommends confirmation of the reappointment (page 2356) of the following public members to: Select Committee on Legislative Ethics Edith Vorderstrasse Joseph Donahue The reports were signed by Representative Porter, Chair; and Representatives B.Davis, Bunde, Green and Finkelstein HJR 2 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 2 Proposing amendments to the Constitution of the State of Alaska relating to redistricting and to the length of a regular session, and establishing a unicameral legislature; and providing for an effective date for each amendment. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 2(JUD): (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Finkelstein, Bunde No recommendation (1): B.Davis The following fiscal notes apply to CSHJR 2(JUD): Fiscal note, Legislative Affairs Agency, 1/19/96 Fiscal notes (2), Office of the Governor, 1/19/96 HJR 2 was referred to the Finance Committee. 1996-01-19 House Journal Page 2482 HB 361 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 361 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. The report was signed by Representatives Austerman and Ivan, Co- chairs, with the following individual recommendations: Do pass (6): Mackie, Elton, Austerman, Kott, Nicholia, Ivan No recommendation (1): Vezey The following fiscal notes apply: Zero fiscal note, Dept. of Community & Regional Affairs, 1/19/96 Zero fiscal note, Dept. of Administration, 1/19/96 HB 361 was referred to the State Affairs Committee. REPORTS OF SPECIAL COMMITTEES HB 397 The House Special Committee on Fisheries has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 An Act relating to the fisheries resource landing tax and to the seafood marketing assessment; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (3): Elton, Moses, Austerman No recommendation (1): G.Davis The following fiscal notes apply: 1996-01-19 House Journal Page 2483 HB 397 Fiscal note, Dept. of Commerce & Economic Development, 1/19/96 Zero fiscal note, Dept. of Revenue, 1/19/96 SSHB 397 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Northern Air Cargo By Representative Phillips Honoring - Juneau-Douglas High School Drill Team By Senator Duncan; Representatives Elton, Robinson Honoring - Alaska All-Star Midget B Hockey Team By Senator Phillips In Memoriam - Hortense H. Hanshew By Representative Phillips In Memoriam - Elmore B. Laws, Jr. By Representative B.Davis In Memoriam - Joy Post By Senator Torgerson In Memoriam - Rory Smith By Senator Taylor; Representative Grussendorf In Memoriam - Ralph John Taylor By Senator Taylor; Representative Williams INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 387 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387, by Representatives KELLY AND THERRIAULT, entitled: 1996-01-19 House Journal Page 2484 HB 387 An Act relating to minors and to offenses committed by minors, and to programs relating to minors; relating to the use of citations for offenses when the offenses are committed by minors, and authorizing disposition of those offenses by citations that require performance of community service in lieu of a court appearance; establishing a curfew for minors, and authorizing municipalities to establish curfews by ordinance; relating to the detention of minors, defining certain conduct by minors as violations, and amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses involving minors; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules. was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 430 HOUSE BILL NO. 430 by Representatives B.Davis and Robinson, entitled: An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 431 HOUSE BILL NO. 431 by the House Health, Education & Social Services Committee, entitled: An Act relating to taxes on cigarettes and tobacco products; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs, Labor & Commerce and Finance Committees. HB 432 HOUSE BILL NO. 432 by the House Labor and Commerce Committee, entitled: 1996-01-19 House Journal Page 2485 HB 432 An Act relating to the practice of veterinary medicine. was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 433 HOUSE BILL NO. 433 by the House Rules Committee by request of the Governor, entitled: An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 1/19/96 Zero fiscal note, Dept. of Commerce & Economic Development, 1/19/96 Zero fiscal note, Dept. of Corrections, 1/19/96 Zero fiscal note, Dept. of Law, 1/19/96 Zero fiscal note, Dept. of Public Safety, 1/19/96 The Governor's transmittal letter, dated January 19, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that amends statutes regarding the unauthorized publication or use of communications and eavesdropping, in order to allow law enforcement officers to intercept communications in certain emergency situations. Current law prohibits surreptitious eavesdropping on a private conversation without the consent of one of the parties to the conversation. In an emergency (for example, where a suspect is barricaded with a hostage), law enforcement officers need to 1996-01-19 House Journal Page 2486 HB 433 communicate with the suspect and, if possible, monitor the suspect's communications with others. Monitoring such communications can give valuable information to law enforcement officers to help defuse potentially dangerous situations. This bill provides the exemption necessary for law enforcement officers to surreptitiously monitor these communications. It allows the interception of communications of a suspect barricaded and refusing to surrender, holding a victim hostage, or threatening the imminent illegal use of an explosive. The exemption in the bill is limited to serious police emergencies; it will not otherwise affect the privacy of individual Alaskans. This legislation will support law enforcement agencies in making Alaska a safer place for our citizens. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 434 HOUSE BILL NO. 434 by the House Rules Committee by request of the Governor, entitled: An Act relating to unclaimed property; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Judiciary Committees. The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 1/19/96 The Governor's transmittal letter, dated January 19, 1996, appears below: 1996-01-19 House Journal Page 2487 HB 434 Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would update Alaskas law governing the handling of unclaimed property to streamline the process for the convenience of both the state and the property holders. Unclaimed, or abandoned, personal property includes money left in bank savings or insurance accounts or deposits left with utilities because the businesses cannot locate the owners. The state acts as the custodian for such property and protects it until an owner or heir claims it. This bill includes recommendations from an audit performed last year that would reduce paperwork and improve efforts to locate unclaimed property owners. Under this bill, mutual funds would be defined in unclaimed property statutes, allowing for reporting and payment to the state of unclaimed interests in mutual funds. This bill also requires that all unclaimed property holders report to the state at the same time. This will eliminate duplicate reports and provide for payment of unclaimed interests at the time the report is made. The value of interests that can be reported to the state without complete detail is raised from $25 and $50 to a uniform $100. This will mean less paperwork and administrative overhead for unclaimed property holders. The bill also puts a statutory limit on the amount of finders fee that a person can charge to search for owners of unclaimed property. There have been reports of some abuses nationwide of finders fees being charged at up to 50 percent of the value of the property, even when the person was easy to locate. This bill would protect Alaskans claiming property abandonment in this state by limiting these fees to 10 percent of the value of the property. In addition, this bill places restrictions on agreements between owners of unclaimed property and their finders, in order to protect the property owners and the state. An agreement would be void if it does not disclose the value of the property involved or if the agreement was reached before the state has held the property for at least two years. 1996-01-19 House Journal Page 2488 HB 434 This bill represents an important step forward to update Alaskas unclaimed property laws. I urge your support. Sincerely, /s/ Tony Knowles Governor HB 435 HOUSE BILL NO. 435 by the House Rules Committee by request of the Governor, entitled: An Act relating to employment contributions and to making the state training and employment program a permanent state program; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Health, Education & Social Services, State Affairs and Finance Committees. The following fiscal notes apply: Fiscal notes (2), Dept. Of Community & Regional Affairs, 1/19/96 Fiscal note, Dept. of Labor, 1/19/96 The Governor's transmittal letter, dated January 19, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18 of the Alaska Constitution, I am transmitting a bill making the state training and employment program (STEP) a permanent state program. The STEP is an integral component of Alaskas job training program and has enabled participants to increase their average quarterly earnings from nine to 12 percent. The STEP was established as a temporary, pilot program in 1989 and has been extended twice -- in 1991 and 1993. Since its inception, STEP has trained 4,890 Alaska workers at an average cost of $2,000 per participant which is covered by Alaska employees. The program is financed entirely by employee 1996-01-19 House Journal Page 2489 HB 435 payroll contributions with no employer contributions or general fund monies. The STEP serves workers who would often be ineligible for employment training assistance through other programs. It offers workers the opportunity to acquire skills by investing in themselves, and helps those workers who have been displaced from their jobs to learn more skills. Nearly 60 percent of those entering the program are receiving unemployment benefits, and over 80 percent of the participants successfully complete the training and increase their employment opportunities. The STEP will expire June 30, 1996, unless renewed by the Legislature. As federal training money decreases from year to year, continuing STEP and making it a permanent program will help Alaskans receive the training they need to respond to the changing needs of business and industry. I urge your support of this important bill. Sincerely, /s/ Tony Knowles Governor HB 436 HOUSE BILL NO. 436 by Representative Martin, entitled: An Act relating to purchase and sale of mobile homes by mobile home dealers or agents; to mobile home titles; and providing for an effective date. was read the first time and referred to the Transportation, Labor & Commerce and Finance Committees. HB 437 HOUSE BILL NO. 437 by the House Judiciary Committee by request, entitled: 1996-01-19 House Journal Page 2490 HB 437 An Act establishing the Judicial Officers Compensation Commission; relating to the compensation of supreme court justices, judges of the court of appeals, judges of the superior court, and district court judges; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 166 The following was read the second time: SENATE BILL NO. 166 am An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date. with the: Journal Page CRA RPT 2DP 2NR 1920 2 SEN ZERO FNS (DOE, DCRA) 4/29/95 1920 Representative Vezey moved and asked unanimous consent that SB 166 am be considered engrossed and advanced to third reading. There being no objection, it was so ordered. SB 166 am was read the third time. **The presence of Representative Hanley was noted. The question being: Shall SB 166 am pass the House? The roll was taken with the following result: 1996-01-19 House Journal Page 2491 SB 166 SB 166 am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: Brown, Navarre, Nicholia, Williams And so, SB 166 am passed the House. Representative Vezey moved and asked unanimous consent 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. SB 166 am was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - Barbara Mitchell, Juneau Teacher of the Year By Representatives Robinson, Elton, Phillips, Brice, Bunde, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kubina, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Duncan Honoring - Deborah Morsberger, VISTA Volunteer By Senator Duncan; Representatives Elton, Robinson, Brice, B.Davis, Ivan, James, Kubina, Mackie, Masek, Navarre, Nicholia, Ogan, Sanders, Williams, Willis 1996-01-19 House Journal Page 2492 In Memoriam - Aline Strutz By Representatives Toohey, Phillips, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Porter, Robinson, Rokeberg, Sanders, Williams, Willis In Memoriam - Georgianne Blanket By Representatives Foster, Phillips, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Glenn P. Auliye By Representatives Foster, Phillips, B.Davis, G.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Ada Johnsson Degnan By Representatives Foster, Phillips, B.Davis, G.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the House confirm the reappointment of Edith Vorderstrasse to the Select Committee on Legislative Ethics. The question being: Shall the House confirm the reappointment of Edith Vorderstrasse to the Select Committee on Legislative Ethics? The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Edith Voderstrasse YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: Brown, Navarre, Nicholia, Williams 1996-01-19 House Journal Page 2493 And so, the reappointment of Edith Vorderstrasse was confirmed. Representative Vezey moved and asked unanimous consent that the House confirm the reappointment of Joseph Donahue to the Select Committee on Legislative Ethics. The question being: Shall the House confirm the reappointment of Joseph Donahue to the Select Committee on Legislative Ethics? The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Joseph Donahue YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: Brown, Navarre, Nicholia, Williams And so, the reappointment of Joseph Donahue was confirmed. HB 278 The Speaker added a Labor & Commerce referral to precede the Finance Committee referral for the following: HOUSE BILL NO. 278 An Act relating to the enhanced 911 emergency reporting systems. HB 278 was removed from the Finance Committee and referred to the Labor & Commerce Committee. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: 1996-01-19 House Journal Page 2494 Representative Kott - from 2:00 p.m., plane time, January 19 to 10:00 p.m., plane time, January 21, 1996 Representative Masek - from 1:17 p.m., plane time, January 19 to 9:25 a.m., plane time, January 22, 1996 Representative Hanley - from 3:00 p.m., January 26 to 9:50 p.m., plane time, January 30, 1996 Representative Parnell - from 6:00 p.m., January 22 to 10:00 p.m., plane time, January 24, 1996; and, from 12:00 noon, January 30 to 12:00 noon, plane time, February 5, 1996 Representative Williams - from 6:30 a.m., January 25 to 9:21 p.m., plane time, January 25, 1996 Representative G.Davis - from 6:50 p.m., January 25 to 9:50 a.m., January 30, 1996 Representative Sanders - from 1:00 p.m., January 26 to 10:00 a.m., plane time, January 30, 1996 Representative Moses - from 6:00 a.m., January 26 to 10:00 p.m., plane time, January 30, 1996 Representative Bunde - from 6:30 a.m., January 26 to 9:21 p.m., plane time, January 26, 1996 HB 75 Representative Kott added his name as cosponsor to: HOUSE BILL NO. 75 An Act relating to criminal mischief. HB 379 Representatives Green and Kelly added their names as cosponsors to: HOUSE BILL NO. 379 An Act authorizing establishment of alternative dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims. 1996-01-19 House Journal Page 2495 HB 419 Representatives Foster and Barnes added their names as cosponsors to: HOUSE BILL NO. 419 An Act relating to the disposal of firearms and ammunition by the state or a municipality. SB 166 Representative Foster added his name as cross sponsor to: SENATE BILL NO. 166 am An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting has been changed as indicated: Majority Caucus 11:00 a.m., 1/20 meeting CHANGED TO: 9:00 a.m., 1/22 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 22, 1996. There being no objection, the House adjourned at 11:12 a.m. Suzi Lowell Chief Clerk