Legislature(1995 - 1996)
1996-01-26 House Journal
Full Journal pdf1996-01-26 House Journal Page 2535 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 26, 1996 Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:03 a.m. The following members were present for the technical session: Representatives Phillips, Brice, Foster, Kohring, Long, Parnell, Vezey and Willis. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Environmental Conservation The Alaska Clean Water Fund Annual Report to the Legislature, FY 1995 (as required by AS 46.03.032(k)) REPORTS OF STANDING COMMITTEES HB 25 The Finance Committee has considered: HOUSE BILL NO. 25 An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings, to adopt the comparable federal rule. 1996-01-26 House Journal Page 2536 HB 25 and recommends it be replaced with: CS FOR HOUSE BILL NO. 25(FIN) An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9) Hanley, Martin, Parnell, Kohring, Grussendorf, Kelly, Navarre, Therriault, Foster The following fiscal notes apply to CSHB 25(FIN): Zero fiscal notes (2) Dept. of Administration, 1/26/96 Zero fiscal note, House Finance Committee/Dept. of Public Safety, 1/26/96 Zero fiscal note, Alaska Court System, 1/26/96 Zero fiscal note, Dept. of Law, 1/26/96 HB 25 was referred to the Rules Committee for placement on the calendar. HB 341 The Resources Committee has considered: HOUSE BILL NO. 341 An Act establishing a tax court to consider and determine certain taxes and penalties due and collateral matters, and amending provisions relating to taxpayer challenges to the assessment, levy, and collection of taxes by the state; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 341(RES) An Act relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and 1996-01-26 House Journal Page 2537 HB 341 collection of taxes and penalties by the state and to the tax liability of taxpayers; and amending Rule 609(b) of the Alaska Rules of Appellate Procedure; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (1): Green No recommendation (4): Ogan, Austerman, Kott, Williams Amend (3): Nicholia, Davies, Long The following fiscal notes apply to CSHB 341(RES): Fiscal note, Alaska Court System, 1/26/96 Zero fiscal note, Dept. of Revenue, 1/26/96 HB 341 was referred to the Judiciary Committee. HB 370 The Judiciary Committee has considered: HOUSE BILL NO. 370 An Act relating to the provision of legal services to criminal defendants. and recommends it be replaced with: CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Bunde, Toohey Do not pass (1): Finkelstein 1996-01-26 House Journal Page 2538 HB 370 No recommendation (1): Vezey The following fiscal notes apply to CSHB 370(JUD): Indeterminate fiscal note, Dept. of Administration, 1/26/96 Zero fiscal note, Dept. of Administration, 1/26/96 Zero fiscal note, Alaska Court System, 1/26/96 HB 370 was referred to the Finance Committee. HB 411 The Transportation Committee has considered: HOUSE BILL NO. 411 An Act naming Mountain View Road in Gustavus. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (6): James, Long, Brice, Sanders, Williams, G.Davis No recommendation (1): Masek The following fiscal note applies: Zero fiscal note, Dept. of Transportation & Public Facilities, 1/26/96 HB 411 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES EO 92 The House Special Committee on Oil & Gas has considered: EXECUTIVE ORDER NO. 92: Transferring duties in the Department of Natural Resources to consolidate the division of oil and gas and the division of geological and geophysical surveys into a division of oil, gas, and geology in that department. 1996-01-26 House Journal Page 2539 EO 92 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: No recommendation (4): G.Davis, Rokeberg, Ogan, Finkelstein The following fiscal note applies: Zero fiscal note, Dept. of Natural Resources, 1/8/96 EO 92 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 - The Chugiak-Eagle River Alaska Star, 25th Anniversary By Representatives Willis, Martin; Senators Phillips, Halford Honoring - Seattle Mariners 1995 Alaska Dream Team Tour By Representatives Willis, Brice Honoring - Sam Evanoff By Representatives G.Davis, Phillips, Navarre; Senators Torgerson, Salo In Memoriam - Vernon W. Gehrke By Representatives G.Davis, Phillips, Navarre; Senators Torgerson, Salo In Memoriam - Carolyn Suber Guess By Representative Toohey In Memoriam - Bessie E. Visaya By Senator Duncan; Representatives Elton, Robinson In Memoriam - William Erwin Davis By Senator Adams; Representatives Foster, Long 1996-01-26 House Journal Page 2540 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HSCR 1 HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1 by the House Special Committee on Oil and Gas: Disapproving Executive Order No. 92. was read the first time and referred to the Resources and Finance Committees. HCR 24 HOUSE CONCURRENT RESOLUTION NO. 24 by the House Labor & Commerce Committee: Relating to student loan default rates at vocational education schools. was read the first time and referred to the Labor & Commerce Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 75 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75 by Representatives Sanders, Finkelstein and Kott, entitled: An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1996-01-26 House Journal Page 2541 HB 450 HOUSE BILL NO. 450 by Representative Therriault, entitled: An Act relating to trademarks; amending Alaska Rule of Appellate Procedure 609; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 451 HOUSE BILL NO. 451 by Representative Mulder, entitled: An Act prohibiting persons from receiving or attempting to receive duplicate assistance; directing the Department of Health and Social Services to establish a pilot project relating to identification of recipients of public assistance; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 452 HOUSE BILL NO. 452 by the House Rules Committee by request of the Governor, entitled: An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. The following fiscal note applies: Fiscal note, Dept. of Education, 1/26/96 The Governor's transmittal letter, dated January 26, 1996, appears below: 1996-01-26 House Journal Page 2542 HB 452 Dear Speaker Phillips: Under the authority of article III, sec. 18 of the Alaska Constitution, I am transmitting a bill relating to state aid for education. This bill ensures the continued receipt of approximately $35 million in federal dollars for public schools and fixes the long-standing problem of funding for single site school districts. I promised Alaskans I would build a school funding program that is better than what we have today. I envision a foundation program that is fair, equitable, and accountable. At the same time it must have funding levels that are affordable, both now and in the future, and it must protect the partnership between state, federal and local dollars. While we continue to make progress toward this goal, this bill takes a substantial first step in addressing the immediate funding issues. This fiscal year, the state has allocated approximately $640 million through the foundation program. Almost all of this is from the state general fund, with $5 million from the Public School Trust Fund, and $35 million from the federal impact aid program (the so-called P.L. 81- 874 funds). In order to consider the impact aid when calculating the states portion of school funding, the federal government requires the state to pass a disparity test which measures the variation in revenues between our richest and poorest school districts. The federal government recently lowered the maximum allowable disparity in revenues between the districts from 25 percent to 20 percent. The program will also be based on two-year prior data. Thus, in order to consider impact aid dollars in the states FY 1998 school funding, we must have no more than a 20 percent disparity in FY 1996. Under our current formula, the state cannot meet this new disparity test. This bill will fix the disparity test problem beginning with fiscal year 1997 by providing supplemental state aid of $500 per instructional unit value for regional educational attendance areas (REAAs), the districts that receive the least revenue because of their inability to levy taxes for a local contribution to their schools. This essentially raises the floor of our school district funding levels -- bringing it closer to the ceiling of the wealthier districts. 1996-01-26 House Journal Page 2543 HB 452 This supplemental funding will not mean a substantial cost to the state because we will also consider more of the federal funding to REAAs as an offset to state funding. Currently, only 90 percent of federal aid to REAAs is considered in determining the amount of state aid. This bill increases that to 95 percent -- for REAAs only. This will not affect the school districts that make larger local contributions. Unfortunately, this bill cannot help us achieve 20 percent disparity for FY 1996. To accomplish that, I will be requesting reallocating $1.2 million in expected lapse money in this years foundation formula program. That will provide additional funding to the REAAs, mirroring what section 2 of this bill will accomplish through supplemental state aid in FY 1997. This bill, together with my reappropriation request, will ensure that Alaska meets the federal 20 percent disparity test this year and in future years, protecting the states ability to consider federal impact aid when allocating state aid. This bill also provides full funding for districts that have come to be known as single site school districts. These districts have lobbied for years for a change in the foundation formula that would adequately fund their schools. While permanent funding changes have not been affected in statute, the legislature has annually included special grants in the budget for single site districts. It is time to fix this problem once and for all. To that end, this bill increases the instructional units of a qualifying district by multiplying its units by a percentage between six and 12. The smaller the district, the higher the percentage multiplier. More instruction units translates into more state aid. This simple revision corrects a longstanding problem, and obviates the need for the annual battle for single site appropriations. It is time to let the single site districts go home and redirect their efforts to where they are needed most, to children in the classroom. This bill is the result of many hours of work by the public, including those citizens who served on the Task Force on School Funding, and the State Board of Education. As my administration continues to 1996-01-26 House Journal Page 2544 HB 452 explore better ways to fund our schools, this legislation represents a favorable step toward addressing two immediate concerns. I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor HB 453 HOUSE BILL NO. 453 by the House Rules Committee by request of the Governor, entitled: HOUSE BILL NO. 453 An Act relating to best interest findings for oil and gas lease sales for the area onshore and north of the Umiat baseline. was read the first time and referred to the House Special Committee on Oil and Gas, Resources and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Natural Resources, 1/26/96 The Governor's transmittal letter, dated January 26, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that streamlines the process for annual oil and gas lease sales on the North Slope. This bill changes the method of making best interest findings for leasing onshore areas of the North Slope. These changes are part of the Administrations continuing effort to make the states oil and gas leasing program competitive in the international market, while ensuring that development occurs in an environmentally responsible manner. 1996-01-26 House Journal Page 2545 HB 453 Area-wide oil and gas lease sales are permitted under current law with no statutory acreage limitation for the sales. This gives the commissioner of the Department of Natural Resources broad discretion in determining what acreage to place in the states five-year oil and gas leasing program. But best interest findings are now done for each individual lease sale. Under this proposal, the department will not have to issue a new best interest finding before each North Slope sale; a single best interest finding would be made for all area tracts offered over the 5-year sale period. This increases the certainty that oil and gas leases will be offered each year. This new process will not prevent the Department of Natural Resources from amending a best interest finding. The department will analyze any new information and revise a finding as necessary. Another aspect of this bill would allow the state to put land in the annual lease sale as the state receives title from the federal government by requiring only that the acreage has been subject to a best interest finding in the previous five years, instead of having actually been offered for sale. This proposal for area-wide leasing ensures sound environmental development of the North Slope under a streamlined process -- providing industry the certainty of annual lease sales and regulatory efficiency, and providing the state the benefits of jobs and enhanced development opportunities. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 454 HOUSE BILL NO. 454 by the House Rules Committee by request of the Governor, entitled: An Act relating to domestic violence; amending Alaska Rule of Civil Procedure 3, Alaska Rule of Civil Procedure 100, Alaska Rule of Evidence 505, and Alaska Rule of Administration 9; and providing for an effective date. 1996-01-26 House Journal Page 2546 HB 454 was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Indeterminate fiscal notes (2), Dept. of Administration, 1/26/96 Fiscal note, Dept. of Corrections, 1/26/96 Fiscal notes (2), Dept. of Public Safety, 1/26/96 Zero fiscal note, Dept. of Education, 1/26/96 Zero fiscal note, Dept. of Health & Social Services, 1/26/96 Zero fiscal note, Dept. of Law, 1/26/96 The Governor's transmittal letter, dated January 26, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill entitled the "Domestic Violence Prevention Act of 1996." It is a comprehensive revision of Alaska's domestic violence statutes and adopts many of the provisions of the Model Code on Domestic and Family Violence, developed by the National Council of Juvenile and Family Court Judges. Domestic violence is a pervasive and frequently lethal problem that challenges society at every level. Violence in families is often hidden from view and devastates its victims physically, emotionally, and financially. It threatens the stability of the family and negatively affects all family members, especially the children who learn from it that violence is an acceptable way to cope with stress or problems or to gain control over another person. It violates our communities' safety, health, welfare, and economies, not just by imposing costs on the criminal justice system, but also through medical expenses, psychological problems, lost productivity, and intergenerational violence. Domestic violence must be reduced and prevented. When domestic violence occurs, we must intervene effectively. To do so we must have a strong public policy against domestic violence and the policy must be implemented with appropriate legislation. The Domestic 1996-01-26 House Journal Page 2547 HB 454 Violence Prevention Act of 1996 provides effective ways to protect victims of domestic violence in a fair, prompt, and comprehensive fashion, to prevent future violence in every family in which domestic violence has been discovered, and to reduce the increase in violence from one generation to the next. The Domestic Violence Prevention Act of 1996 will protect children and adults from domestic violence in many ways. The bill sets out procedures for comprehensive civil protection orders consistent with due process. It treats domestic violence as a crime that requires early, effective, and thorough intervention. The Domestic Violence Prevention Act of 1996 assures that the child's safety and well-being is of paramount concern when domestic violence exists. Finally, it will provide the training necessary for police, prosecutors, health workers, and teachers to respond effectively to domestic violence. Domestic violence is a wrong that needs to be righted. The key is community commitment to recognize, address, and prevent domestic violence. The Domestic Violence Act of 1996 is the cornerstone in Alaska's efforts to abate the ravages of violence in families. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 455 HOUSE BILL NO. 455 by Representative Kohring, entitled: An Act relating to the management of salmon fisheries; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries, and the Resources and Finance Committees. 1996-01-26 House Journal Page 2548 UNFINISHED BUSINESS HB 373 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 373 An Act relating to educational benefits for family members of deceased members of the armed services. HB 387 Representative Kohring added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 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. HB 419 Representatives Phillips and James 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. HB 447 Representative Williams added his name as cosponsor to: HOUSE BILL NO. 447 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses. 1996-01-26 House Journal Page 2549 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 2:00 p.m., January 30, 1996. There being no objection, the House adjourned at 11:12 a.m. Suzi Lowell Chief Clerk