Legislature(1997 - 1998)

1997-01-31 House Journal

Full Journal pdf

1997-01-31                     House Journal                      Page 0181
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Friday           January 31, 1997         
                                                                               
                                Nineteenth Day                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:01 a.m.                                                         
                                                                               
Roll call showed 36 members present.  Representatives Rokeberg and             
Therriault had been previously excused from a call of the House today.         
Representatives Grussendorf and Nicholia were absent and their                 
presence was noted later.                                                      
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Cornerstone Ministry.  Representative Bunde moved and asked             
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Heavenly Father:                                                              
                                                                               
We thank You, Lord, for the access that we have to You                        
through prayer.  Thank You also that You gave us the inside                    
track to getting our prayers answered by instructing us that the               
prayers You honor are the ones that are from a sincere and                     
expectant heart of faith.                                                      
                                                                               
We also appreciate the Biblical example of a young leader in                  
ancient Israel named Solomon who found favor with You                          
because, rather than praying for wealth or fame, he simply                     
asked for wisdom and an understanding heart.                                   
                                                                               
Therefore, Lord, we ask for wisdom to know what is right on                   
the issues we face.  And, once that is clear, we ask for                       
courage to do what is right.                                                   
                                                                               
	Amen                                                                          

1997-01-31                     House Journal                      Page 0182
The Pledge of Allegiance was led by Representative Hodgins.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 17th and 18th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter dated January 29, 1997, was read stating that, in accordance          
with AS 39.05.080 and AS 18.85.030, the Governor submits the                   
following name for legislative confirmation of appointment to the              
position noted.  The Speaker referred the following to the Judiciary           
Committee:                                                                     
                                                                               
Alaska Public Defender                                                         
	Barbara Brink - Anchorage                                                     
		Appointed: 01/24/97                                                          
                                                                               
The resume for the appointment is on file in the Chief Clerk's office.         
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 29, 1997, was read stating the Senate has              
passed the following, and it is transmitted for consideration:                 
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
SJR 7                                                                        
SENATE JOINT RESOLUTION NO. 7 by Senators Phillips, Pearce,                    
Leman, Mackie, Green, Kelly, Parnell, Ellis, Hoffman, Ward, Sharp,             
Wilken, Miller, Duncan, Lincoln, Halford and Torgerson:                        
                                                                               
Supporting continued funding of the Alaska National Guard Youth               
Corps Challenge Program.                                                       
                                                                               

1997-01-31                     House Journal                      Page 0183
SJR 7                                                                        
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               
                                                                               
                                                                               
**The presence of Representatives Grussendorf and Nicholia was                 
noted.                                                                         
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                        
                                                                               
HCR 4                                                                         
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 4                                             
Relating to records generated and maintained by the Department                
of Health and Social Services.                                                 
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  Dyson, Green, Bunde, Kemplen, Brice, Porter, Vezey               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Administration, 1/31/97                             
Zero fiscal note, Dept. of Health & Social Services, 1/31/97                   
                                                                               
HCR 4 was referred to the Finance Committee.                                   
                                                                               
HJR 12                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 12                                                 
Urging the Secretary of the Interior to conduct competitive oil and           
gas lease sales within the National Petroleum Reserve in Alaska.               
                                                                               
The report was signed by Representative Hudson, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (7):  Dyson, Williams, Green, Barnes, Ogan, Hudson, Joule              

1997-01-31                     House Journal                      Page 0184
HJR 12                                                                       
No recommendation (1):  Nicholia                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Legislative Affairs Agency, 1/24/97                          
                                                                               
HJR 12 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 2                                                                         
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 2                                                              
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 any            
of the following reasons:  vocational, professional, or other                  
specific education for which a comparable program is not                       
reasonably available in the state; secondary or postsecondary                  
education; military service; medical treatment; service in the                 
Congress or in the peace corps; to care for the individual's                   
terminally ill parent, spouse, sibling, child, or stepchild; for up to         
220 days to settle the estate of the individual's deceased parent,             
spouse, sibling, child, or stepchild; to care for a parent, spouse,            
sibling, child, or stepchild with a critical life-threatening illness          
whose treatment plan, as recommended by the attending physician,               
requires travel outside of the state for treatment at a medical                
speciality complex; or other reasons that the commissioner of                  
revenue may establish by regulation; requiring, for the purposes of            
permanent fund dividend eligibility, a state resident to have the              
intent to remain indefinitely; relating to the eligibility for 1992,           
1993, 1994, 1995, 1996, and 1997 permanent fund dividends of                   
certain spouses and dependents of eligible applicants; and                     
providing for an effective date.                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 2(FIN)                                                  
	(same title)                                                                  

1997-01-31                     House Journal                      Page 0185
HB 2                                                                         
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (10):  Therriault, Martin, Kohring, Davies, Grussendorf, Davis,        
Kelly, Foster, Hanley, Mulder                                                  
                                                                               
No recommendation (1):  Moses                                                  
                                                                               
The following fiscal note applies to CSHB 2(FIN):                              
                                                                               
Fiscal note, Dept. of Revenue, 1/31/97                                         
                                                                               
HB 2 was referred to the Rules Committee for placement on the                  
calendar.                                                                      
                                                                               
                                                                               
HB 6                                                                         
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 6                                                              
An Act amending laws relating to the disclosure of information                
relating to certain minors.                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 6(HES)                                                  
An Act relating to minors and amending laws relating to the                   
disclosure of information relating to certain minors.                          
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Dyson, Green, Bunde, Porter                                      
                                                                               
No recommendation (2):  Brice, Kemplen                                         
                                                                               
Amend (1):  Vezey                                                              
                                                                               
The following fiscal notes apply to CSHB 6(HES):                               
                                                                               

1997-01-31                     House Journal                      Page 0186
HB 6                                                                         
Fiscal notes (8), Dept. of Health & Social Services, 1/31/97                   
Zero fiscal note, Dept. of Public Safety, 1/31/97                              
Zero fiscal note, Dept. of Administration, 1/31/97                             
Zero fiscal note, Dept. of Law, 1/31/97                                        
                                                                               
The committee recommends a referral to the Finance Committee.                  
                                                                               
HB 6 was referred to the Judiciary Committee.                                  
                                                                               
                                                                               
HB 17                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 17                                                             
An Act establishing the Department of Natural Resources as the                
platting authority in certain areas of the state; relating to                  
subdivisions and dedications; and providing for an effective date.             
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 17(RES)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representatives Ogan and Hudson, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Dyson, Williams, Green, Barnes, Ogan, Hudson, Joule              
                                                                               
No recommendation (1):  Nicholia                                               
                                                                               
The following fiscal note applies to CSHB 17(RES):                             
                                                                               
Fiscal note, Dept. of Natural Resources, 1/31/97                               
                                                                               
HB 17 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 26                                                                        
The Resources Committee has considered:                                        
                                                                               

1997-01-31                     House Journal                      Page 0187
HB 26                                                                        
HOUSE BILL NO. 26                                                             
An Act relating to big game tags for wolves; and providing for                
an effective date.                                                             
                                                                               
The report was signed by Representatives Hudson and Ogan, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6):  Dyson, Williams, Green, Ogan, Nicholia, Joule                    
                                                                               
No recommendation (2):  Barnes, Hudson                                         
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Fish & Game, 1/31/97                                     
                                                                               
HB 26 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 30                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 30                                                             
An Act relating to civil liability for skateboarding; and providing           
for an effective date.                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 30(L&C)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Cowdery, Ryan                                                    
                                                                               
No recommendation (2):  Brice, Rokeberg                                        
                                                                               
The following fiscal notes apply to CSHB 30(L&C):                              
                                                                               
Zero fiscal note, By Sponsor, 1/31/97                                          

1997-01-31                     House Journal                      Page 0188
HB 30                                                                        
Zero fiscal note, Alaska Court System, 1/31/97                                 
                                                                               
HB 30 was referred to the Judiciary Committee                                  
                                                                               
HB 46                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 46                                                             
An Act relating to mining; and providing for an effective date.               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 46(RES)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representatives Hudson and Ogan, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Dyson, Williams, Green, Ogan, Hudson, Barnes,                    
Nicholia, Joule                                                                
                                                                               
The following fiscal note applies to CSHB 46(RES):                             
                                                                               
Zero fiscal note, House Resources Committee/Dept. of Natural                   
Resources, 1/31/97                                                             
                                                                               
HB 46 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 51                                                                        
The House Special Committee on Oil & Gas has considered:                       
                                                                               
HOUSE BILL NO. 51                                                             
An Act relating to the Department of Environmental                            
Conservation.                                                                  
                                                                               
and recommends it be replaced with:                                            

1997-01-31                     House Journal                      Page 0189
HB 51                                                                        
CS FOR HOUSE BILL NO. 51(O&G)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representative Hodgins, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (3):  Bunde, Hodgins, Rokeberg                                         
                                                                               
Do not pass (1):  Kemplen                                                      
                                                                               
No recommendation (2):  Ogan, Ryan                                             
                                                                               
The following fiscal notes apply to CSHB 51(O&G):                              
                                                                               
Fiscal note, Dept. of Environmental Conservation, 1/31/97                      
Fiscal note, Dept. of Fish & Game, 1/31/97                                     
                                                                               
HB 51 was referred to the Finance Committee.                                   
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Raymond Waska, Sr. and Eulalia Andrews                              
By Representative Foster                                                       
                                                                               
Honoring - Judy Kuhn, 1997 Alaska Teacher of the Year and 1996                 
Milken Family Foundation Educator Award                                        
By Representative Nicholia                                                     
                                                                               
Honoring - Jim Whisenhant                                                      
By Senators Sharp, Wilken, Miller                                              
                                                                               
Honoring - Donald F. Armstrong                                                 
By Senators Donley, Duncan, Green, Leman, Lincoln, Torgerson,                  
Kelly, Phillips, Pearce, Wilken, Parnell; Representatives Hudson, Elton,       
Foster, Mulder, Brice, Berkowitz, Hanley, Sanders, Kott                        
                                                                               

1997-01-31                     House Journal                      Page 0190
Honoring - Lieutenant General Lawrence E. Boese                                
By Senator Leman; Representative Mulder                                        
                                                                               
                                                                               
In Memoriam - Michael A. Carson, Jr.                                           
By Representatives Kohring, Ogan, Masek, Dyson; Senators Halford,              
Green                                                                          
                                                                               
In Memoriam - Roselie A. Chanar                                                
By Representative Foster                                                       
                                                                               
In Memoriam - Jim McLaughlin                                                   
By Representative Foster                                                       
                                                                               
In Memoriam - David Otton, Sr.                                                 
By Representative Foster                                                       
                                                                               
In Memoriam - John Charles Ortberg                                             
By Representative Foster                                                       
                                                                               
In Memoriam - Everett E. Bachelder                                             
By Representative Foster                                                       
                                                                               
In Memoriam - Patricia S. Munn                                                 
By Representative Foster                                                       
                                                                               
In Memoriam - Inez Nayokpuk                                                    
By Representative Foster                                                       
                                                                               
In Memoriam - Louise A. Niksik                                                 
By Representative Foster                                                       
                                                                               
In Memoriam - Michael F. Payenna                                               
By Representative Foster                                                       
                                                                               
In Memoriam - Nancy Betty Teayoumeak Sherman                                   
By Representative Foster                                                       
                                                                               
In Memoriam - Richard Kozevenikoff                                             
By Representative Foster                                                       
                                                                               

1997-01-31                     House Journal                      Page 0191
In Memoriam - Lillian Clara Komakhuk                                           
By Representative Foster                                                       
                                                                               
In Memoriam - Major General Conrad F. Nick Necrason                            
By Senators Leman, Kelly                                                       
                                                                               
In Memoriam - Michael Ray McSwain                                              
By Senator Lincoln; Representative Kubina                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
HB 97                                                                        
HOUSE BILL NO. 97 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
An Act relating to juvenile delinquency proceedings and to the                
disclosure and confidentiality of juvenile records and information;            
providing for the dual sentencing of minors who commit certain                 
felony offenses; relating to violations of municipal ordinances by             
minors and to civil penalties for violation of municipal ordinances            
by minors; relating to an amendment to the Interstate Compact on               
Juveniles; amending Delinquency Rules 3, 21, and 27; and                       
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (8), Dept. of Health & Social Services, 1/31/97                   
Fiscal note, Dept. of Corrections, 1/31/97                                     
Indeterminate fiscal notes (2), Dept. of Administration, 1/31/97               
Zero fiscal note, Dept. of Law, 1/31/97                                        
Zero fiscal note, Dept. of Public Safety, 1/31/97                              
                                                                               
                                                                               
The Governor's transmittal letter, dated January 30, 1997, appears             
below:                                                                         
                                                                               

1997-01-31                     House Journal                      Page 0192
HB 97                                                                        
Dear Speaker Phillips:                                                         
                                                                               
Alaskans deserve safe, healthy communities where our children and              
families can live, work and learn without fear of violence.  Yet there         
is a growing concern in our communities that violence among our                
youth is on a steady increase.  We must do all we can to curb this             
trend and to turn our youngsters away from a life of crime.  To that           
end, last year I appointed a group of more than 80 people of wide              
expertise to a Conference on Youth and Justice.  Today I am pleased            
to introduce to the legislature four measures that stem from the               
recommendations of that Conference.                                            
                                                                               
                                                                               
This action package was prepared by my Childrens Cabinet after                 
carefully studying the 500-page report of the Conference and its more          
than 100 recommendations.  The package includes legislation in the             
following areas:                                                               
                                                                               
Juvenile Delinquency Proceedings: to address how juveniles are                
treated within the justice system, including confidentiality rules             
and sentencing options.                                                        
                                                                               
Healthy Families: a program providing education and support                   
services to pregnant women and the families of newborn infants.                
The aim is to prevent child abuse and neglect because many young               
victims grow up to become offenders.                                           
                                                                               
Alcohol Offenses: a program to ensure minors who have lost their              
drivers licenses for alcohol-related offenses are complying with               
education and treatment programs before getting their licenses                 
reinstated.                                                                    
                                                                               
Foster Care: a restructure of the states foster care review panels            
to expand them statewide.                                                      
                                                                               
                                                                               
The attached bill relates to the juvenile delinquency proceedings and          
is described in further detail below.  The other three bills introduced        
today are described in separate transmittal letters.                           
                                                                               

1997-01-31                     House Journal                      Page 0193
HB 97                                                                        
Section 5 of this juvenile delinquency proceedings bill sets out a new         
philosophy for the state in responding to juvenile offenders.  The             
Conference members urged us to rewrite this section of our statutes,           
to promote a balanced juvenile justice system in the state to protect          
the community, impose accountability for violations of law, and equip          
juvenile offenders with the skills needed to live responsibly and              
productively.  The bill lists 14 purposes for the chapter, which may           
be useful in guiding the court and parties to legal actions in the proper      
interpretation of the delinquency chapter.  I urge the legislature  to         
keep in mind this overall purpose when deliberating changes to our             
juvenile justice system.                                                       
                                                                               
Among the provisions of this bill is one allowing communities to               
handle minor juvenile offenses through programs such as youth courts.          
This is perhaps the single most important step the state can take to get       
the message out that there will be consequences for all juvenile               
offenses.  The state does not have the resources for swift and                 
consistent action on all juvenile offenses.  Communities want the tools        
to respond to minor offenses and this bill will help create them.              
                                                                               
This bill also opens up the confidentiality laws for certain, more             
serious juvenile offenders who are 16 or older.  This provision is             
crafted with an effort to balance the traditional and well-founded need        
to protect a juveniles privacy so that bad youthful decisions wont             
haunt the child for life, with the publics right to know about serious         
juvenile offenders.                                                            
                                                                               
Also included in this bill is the establishment of a dual sentencing           
system for the state whereby certain juveniles can be given both a             
juvenile and an adult sentence.  This is aimed at preventing juvenile          
offenders from becoming serious, chronic offenders and would affect            
only the small percentage of juveniles in this risk category.  Imposing        
a juvenile disposition for the offense and, at the same time,                  
pronouncing an adult sentence, places responsibility for the juveniles         
future in the youths own hands.  If the juvenile offender stays out of         
trouble and obeys all court-ordered conditions, the adult dual sentence        
is never imposed.  If, however, the offender commits a new crime or            
violates any court orders, he or she faces the adult sentence, including       
incarceration in state prison.                                                 
                                                                               

1997-01-31                     House Journal                      Page 0194
HB 97                                                                        
Finally, the bill makes some minor changes clarifying that courts may          
order juvenile delinquents to perform community work service and               
authorizing municipalities to impose civil penalties against juveniles         
who violate municipal ordinances.  This bill also enacts an amendment          
to the Interstate Compact on Juveniles to clarify Alaska will cooperate        
with the Compact in the area of returning delinquent or runaway                
juveniles to other states.  Alaska adopted the Interstate Compact on           
Juveniles in 1960 but, through an apparent oversight, did not adopt this       
subsequent amendment to the Compact.  While the Conference did not             
discuss this provision, it is consistent with the Conference                   
recommendations to improve our juvenile justice system.                        
                                                                               
My youth justice package of initiatives, taken as a whole, reflects a          
balance between dealing with current juvenile offenders and preventing         
future offenders.  Funding for the package must also reflect this              
balance.  In addition to helping our communities handle current                
offenders, we must invest money in prevention efforts.  To that end,           
the legislative package includes fiscal notes listing about $1.8 million       
in expenses and more than $1 million in revenues to properly                   
implement some of these proposals.                                             
                                                                               
In addition, funding for this legislative package, including other needed      
programs which the Conference recommended, is included in my                   
proposed operating budget.  Specifically:                                      
                                                                               
$300,000 in additional funds for Head Start                                   
$614,000 for the Healthy Families Program                                     
$107,000 for Partnership 2000 (community involvement in                       
education)                                                                     
$250,000 for the National Guard Youth Corps program                           
$50,000 for inhalant abuse prevention                                         
$398,000 for additional juvenile probation officers                           
$410,000 for community grants for diversion programs                          
                                                                               
I will also be addressing items related to youth crime and the juvenile        
justice system in my capital budget which I will present in the near           
future.  It will include funding to expand the Johnson Youth Center in         
Juneau to relieve serious overcrowding in our youth facilities in              
Anchorage and Bethel as well as Juneau.                                        
                                                                               

1997-01-31                     House Journal                      Page 0195
HB 97                                                                        
The Conference on Youth and Justice has done Alaskans a great                  
service in its year-long effort to produce a comprehensive plan for            
increasing public safety and decreasing juvenile crime.  As stated in          
the Conference report, These are important public goals . . . They will        
require the involvement, commitment, and cooperation of the Alaska             
Legislature to ensure that required statutory changes are enacted.  I          
am asking you now for that involvement, commitment, and                        
cooperation.                                                                   
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor                                                                
                                                                               
HB 98                                                                        
HOUSE BILL NO. 98 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
An Act relating to the issuance, suspension, limitation,                      
revocation, and reinstatement of drivers' licenses, permits, or                
privileges to drive concerning alcohol-related offenses; relating to           
the fees charged for the reinstatement of drivers' licenses, to                
alcohol information courses for drivers, and to youth assessment               
and referral programs for minor drivers.                                       
                                                                               
was read the first time and referred to the Transportation, Health,            
Education & Social Services and Judiciary Committees.                          
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Public Safety, 1/31/97                                   
Fiscal notes (2), Dept. of Health & Social Services, 1/31/97                   
Indeterminate fiscal note, Dept. of Administration, 1/31/97                    
                                                                               
                                                                               
The Governor's transmittal letter, dated January 30, 1997, appears             
below:                                                                         
                                                                               

1997-01-31                     House Journal                      Page 0196
HB 98                                                                        
Dear Speaker Phillips:                                                         
                                                                               
Alcohol abuse among minors is one of the most serious and disturbing           
problems facing this state.  It is crucial that we discourage young            
Alaskans from making the wrong choices about alcohol.  This bill               
helps achieve that goal by enhancing our current laws regarding                
treatment for underage drinkers .  It is part of my package of                 
legislation based on recommendations of the Governors Conference               
on Youth and Justice.                                                          
                                                                               
                                                                               
This bill ensures that minors whose driver's licenses have been revoked        
for alcohol-related offenses are properly screened and monitored for           
compliance with education and treatment programs before their                  
licenses are reinstated.  It does so by extending toward minors a              
treatment program which has proved successful for adult offenders --           
the alcohol safety action program, or ASAP.                                    
                                                                               
                                                                               
The state oversees the ASAP which screens offenders, determines what           
education or treatment is appropriate for them and then monitors their         
compliance with the recommendations.  If the offender fails to comply,         
further court proceedings are initiated.                                       
                                                                               
                                                                               
My proposal for zero tolerance for underage drinking and driving was           
passed last year and is now in effect in addition to our use it, lose it       
law.  Under the zero tolerance law, a minors drivers license is                
revoked if the minor drives a vehicle after consuming any quantity of          
alcohol.  The use it, lose it law revokes a minors drivers license if          
the minor possesses or consumes unlawful drugs or alcohol, regardless          
of whether the minor was driving a vehicle at the time.  Both laws             
require the minor complete an education or treatment program before            
the license may be reinstated.  However, there is currently no program         
for minors similar to the ASAP.                                                
                                                                               
                                                                               
To fill this gap, this legislation proposes a program for minors that          
would be housed in the Department of Health and Social Services.               
The program would be funded with the fees charged for reinstating any          

1997-01-31                     House Journal                      Page 0197
HB 98                                                                        
drivers license that has been revoked.  This bill increases that fee for       
first-time offenders from $100 to $250 -- creating another deterrent to        
underage drinking and  drinking and driving for anyone, at any age.            
The increased fee is expected to generate more than $1 million which           
will easily cover the $605,000 cost of the youth treatment program.            
                                                                               
This bill to address the problem of underage drinking is an integral           
component of my package on the youth justice system and an attempt             
to take an aggressive approach toward ending a growing crisis in our           
state.                                                                         
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor                                                                
                                                                               
                                                                               
HB 99                                                                        
HOUSE BILL NO. 99 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
An Act establishing the Healthy Families Alaska program;                      
relating to Medicaid coverage for targeted case management                     
services for pregnant women and for eligible children under the                
age of five; and providing for an effective date.                              
                                                                               
was read the first time and referred to the State Affairs, Health,             
Education & Social Services and Finance Committees.                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Health & Social Services, 1/31/97              
                                                                               
The Governor's transmittal letter, dated January 30, 1997, appears             
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
Its easy to say lets just get tough when faced with the dilemma of             
how to put an end to our growing problem with juvenile crime.  But             

1997-01-31                     House Journal                      Page 0198
HB 99                                                                        
getting tough is just one part of a much bigger formula.  We must              
promote and fund prevention services for kids who are at risk of               
becoming juvenile offenders so that we never allow the cycle of a life         
of violence and crime to begin.                                                
                                                                               
                                                                               
This bill is part of my package of legislation based on                        
recommendations of the Governors Conference on Youth and Justice.              
It establishes the Healthy Families Alaska program to provide                  
education and support services to pregnant women and the families of           
newborn infants.                                                               
                                                                               
                                                                               
The Healthy Families program offers home visits to eligible families           
on a voluntary basis.  The visits are designed to meet the needs of            
parents for information, emotional support, stress management, and             
assistance with other negative factors that undermine parents health           
habits and the care of their children.  In addition to preventing child        
abuse and neglect, the service providers work with families to ensure          
their children receive medical care, such as immunizations, and that           
mothers receive prenatal care.                                                 
                                                                               
                                                                               
These home visits teach parents to develop realistic expectations about        
child development and positive discipline techniques.  They also               
educate parents about other available services, such as job training           
programs, drug and alcohol abuse programs, and day care assistance.            
                                                                               
                                                                               
The Healthy Families Alaska program is administered by the                     
Department of Health and Social Services with services provided by             
community-based private, nonprofit corporations, municipal                     
governments, and regional Native health corporations.                          
I also anticipate this program will be eligible for future Medicaid            
coverage; the bill is written to accommodate that possibility.                 
                                                                               
                                                                               
It is crucial this program be fully funded if it is to achieve its goals.      
I have included in my proposed operating budget $614,000 for the               
Healthy Families program.                                                      

1997-01-31                     House Journal                      Page 0199
HB 99                                                                        
Because research shows that abused children are more likely to become          
violent or be victims of violence as adults, prenatal and infancy home         
visitation programs may be an effective long-term strategy for                 
preventing youth violence.  Programs similar to this proposal have             
proven effective in other states in preventing poor childhood outcomes,        
including abuse and neglect.  I urge you to allow Alaska to join those         
states in establishing an effective Healthy Families program.                  
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor                                                                
                                                                               
HB 100                                                                       
HOUSE BILL NO. 100 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
An Act relating to the citizen review board and panels for                    
permanency planning for children in state foster care; extending               
the termination date of the Citizens' Foster Care Review Board;                
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the State Affairs, Health,             
Education & Social Services and Finance Committees.                            
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 1/31/97                                  
Zero fiscal note, Dept. of Health & Social Services, 1/31/97                   
                                                                               
The Governor's transmittal letter, dated January 30, 1997, appears             
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
One of the services provided for abused, neglected or delinquent               
youths in the states custody is placement in foster care.  It is essential     
these placements receive periodic review to ensure the childrens needs         

1997-01-31                     House Journal                      Page 0200
HB 100                                                                       
are being met.  However, the statutory mandate to conduct regular              
citizen reviews statewide is not currently carried out, primarily because      
of lack of funding and a burdensome and duplicative review structure.          
This bill, as part of my package of bills introduced today based on the        
recommendations of the Governors Conference on Youth and Justice,              
restructures the foster care review system to improve the foster care          
program for our children.                                                      
                                                                               
                                                                               
Existing law specifies that local foster care review panels be                 
established statewide, each composed of five volunteer citizen                 
members.  The costs of recruiting and training the volunteers and then         
conducting the reviews far exceed the level of funding appropriated to         
date.  The result is that review panels have only existed in the               
Anchorage area and, even then, cover only a fraction of the total              
number of children in foster care.                                             
                                                                               
                                                                               
At the same time, to comply with federal law, the Department of                
Health and Social Services (DHSS) reviews foster care cases using              
panels consisting of at least two department members and one citizen           
volunteer member.                                                              
                                                                               
                                                                               
Under this bill, the newly named Citizens Foster Care Review Board             
housed within the Department of Administration is reduced from ten             
members to nine, with five being public members.  The statewide                
board will appoint and train citizens for the local review panels, each        
consisting of three public members and two members from the DHSS.              
The panel will be chaired by one of the public members, but the                
department will schedule the reviews, provide notification to necessary        
participants, and draft the panel reports.                                     
                                                                               
                                                                               
This new structure will meet both the federal and state requirements           
within one foster care review system, thereby avoiding the current             
wasteful duplication of services.  The cost of operating the review            
panels will also be greatly reduced by relying on the staff support from       
the DHSS.                                                                      

1997-01-31                     House Journal                      Page 0201
HB 100                                                                       
Most importantly, this new system will enable the establishment of             
citizen review panels statewide.  This means the state can follow              
through on its responsibility to oversee the foster care program and           
provide the quality of services our children in need deserve.                  
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor                                                                
                                                                               
HB 101                                                                       
HOUSE BILL NO. 101 by Representatives Vezey and Bunde, entitled:               
                                                                               
An Act relating to certain irrevocable transfers in trust, to the             
jurisdiction governing a trust, to challenges to trusts or property            
transfers in trust, to the validity of trust interests, and to transfers       
of certain trust interests; and providing for an effective date.               
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 43                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 43                                                             
An Act relating to registration of rental motor vehicles, to                  
municipal taxation of rental motor vehicles, and to emission                   
control inspection fees for rental motor vehicles; and providing for           
an effective date.                                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT CS(FIN) NT 7DP 4NR                                        161         
	ZERO FISCAL NOTE (DPS)                                            162         
                                                                               

1997-01-31                     House Journal                      Page 0202
HB 43                                                                        
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 43(FIN)                                                 
An Act relating to registration of vehicles, to municipal taxation            
of vehicles, and to emission control inspection fees for vehicles;             
and providing for an effective date.                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
43(FIN) be considered engrossed, advanced to third reading and placed          
on final passage.                                                              
                                                                               
Representative Kubina objected.                                                
                                                                               
The question being:  Shall CSHB 43(FIN) be advanced to third                   
reading on the same day?  The roll was taken with the following                
result:                                                                        
                                                                               
CSHB 43(FIN)                                                                   
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  25   NAYS:  11   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kookesh,                 
Kott, Martin, Masek, Mulder, Phillips, Porter, Ryan, Sanders, Vezey,           
Williams                                                                       
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kubina, Moses, Nicholia                                               
                                                                               
Excused:  Rokeberg, Therriault                                                 
                                                                               
Absent:  Kelly, Ogan                                                           
                                                                               
And so, lacking the necessary 30 votes, CSHB 43(FIN) failed to                 
advance.                                                                       

1997-01-31                     House Journal                      Page 0203
HB 43                                                                        
The Speaker stated that CSHB 43(FIN) will be in third reading on the           
February 3, 1997, calendar.                                                    
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter 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 - Chad McMullen and Craig McMullen                                    
By Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies,             
Grussendorf, Hanley, Ivan, James, Kemplen, Kott, Kubina, Nicholia,             
Ogan, Porter, Rokeberg, Sanders, Therriault; Senator Duncan                    
                                                                               
Honoring - Walter and Vivian Teeland                                           
By Representatives Kohring, Ogan, Masek, Phillips, Berkowitz, Croft,           
Davies, Dyson, Hanley, Ivan, James, Kott, Mulder, Nicholia, Porter,            
Rokeberg, Sanders, Therriault, Vezey, Williams; Senators Green,                
Halford                                                                        
                                                                               
Honoring - Bob & Mary Lambe, Soldotna Chamber of Commerce,                     
1996 Devoted Service to Young People Award                                     
By Representatives Davis, Phillips, Hodgins, Berkowitz, Croft, Davies,         
Elton, Green, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina,             
Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders,                
Therriault, Vezey, Williams; Senator Torgerson                                 
                                                                               
Honoring - Charlie Weimer, Soldotna Chamber of Commerce, 1996                  
Business Person of the Year                                                    
By Representatives Davis, Phillips, Hodgins, Berkowitz, Croft, Davies,         
Elton, Ivan, James, Kemplen,  Kohring, Kott, Kubina, Masek, Mulder,            
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,  Vezey,           
Williams; Senator Torgerson                                                    
                                                                               
Honoring - Holly Marie Fraser, Soldotna Chamber of Commerce, 1996              
Outstanding Student of the Year                                                
By Representatives Davis, Phillips, Hodgins, Berkowitz, Croft, Davies,         
Elton, Green, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek,              
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,  Sanders, Therriault,          
Vezey, Williams; Senator Torgerson                                             

1997-01-31                     House Journal                      Page 0204
Honoring - Janette Rogers, Soldotna Chamber of Commerce, 1996                  
Outstanding Student of the Year                                                
By Representatives Davis, Phillips, Hodgins, Berkowitz, Croft, Davies,         
Elton, Green, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina,             
Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders,                
Therriault, Vezey, Williams; Senator Torgerson                                 
                                                                               
Honoring - Chugiak High School Men's Track Team, 1996 ASAA                     
State Champions                                                                
By Senators Phillips, Halford; Representatives Dyson, Kohring,                 
Phillips, Berkowitz, Brice, Croft, Elton, Green, Hanley, Ivan, James,          
Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Honoring - Chugiak Mustangs Post 33 Baseball Team                              
By Senators Phillips, Halford; Representatives Dyson, Kohring,                 
Phillips, Berkowitz, Brice, Croft, Elton, Hanley, Ivan, James, Kemplen,        
Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,           
Sanders, Therriault, Vezey, Williams                                           
                                                                               
In Memoriam - Daniel L. Hill                                                   
By Representatives Kohring, Ogan, Masek, Phillips, Berkowitz, Croft,           
Davies, Dyson, Elton, Foster, Hanley, Ivan, James, Kemplen, Kott,              
Kubina, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault,               
Vezey; Senators Green, Halford                                                 
                                                                               
In Memoriam - Mary Magdalena Backford                                          
By Representatives Ivan, Phillips, Berkowitz, Croft, Davies, Elton,            
Foster, James, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia,               
Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams                   
                                                                               
In Memoriam - Robert John Modrell                                              
By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft,             
Davies, Elton, Foster, Ivan, James, Kemplen, Kohring, Kott, Kubina,            
Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey,          
Williams                                                                       
                                                                               
In Memoriam - Jessie Dalton                                                    
By Representatives Kookesh, Kubina, Phillips, Berkowitz, Brice, Croft,         
Davies, Elton, Foster, Grussendorf, Ivan, James, Kemplen, Kohring,             
Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault,           
Vezey, Williams; Senator Mackie                                                

1997-01-31                     House Journal                      Page 0205
In Memoriam - Robert E. Sanden                                                 
By Senators Phillips, Halford; Representatives Dyson, Kohring,                 
Phillips, Berkowitz, Croft,  Davies, Elton, Foster, Ivan, James, Kott,         
Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders,               
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter 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 Masek - from 1:45 p.m., plane time, February 13 to              
9:34 a.m., plane time, February 17, 1997                                       
                                                                               
Representative Porter - from 6:00 a.m., plane time, March 27 to 10:11          
p.m., plane time, March 31, 1997                                               
                                                                               
Representative Bunde - from 6:45 p.m., plane time, February 27 to              
9:53 p.m., plane time, March 4, 1997; and, from 6:42 p.m., plane time,         
March 27 to 9:53 p.m., plane time, March 31, 1997                              
                                                                               
Representative Mulder - from 6:50 p.m., plane time, January 31 to              
10:00 p.m., plane time, February 1, 1997                                       
                                                                               
Representative Davis - from 5:00 p.m., plane time, February 28 to              
10:40 p.m., plane time, March 4, 1997                                          
                                                                               
Representative Foster - from 6:30 p.m., plane time, February 12 to             
10:00 p.m., plane time, February 17, 1997 (amended from page 113)              
                                                                               
HB 51                                                                        
Representative Elton moved and asked unanimous consent that the                
following be referred to the Resources Committee:                              
                                                                               
HOUSE BILL NO. 51                                                             
An Act relating to the Department of Environmental                            
Conservation.                                                                  
                                                                               
Objection was heard.                                                           
                                                                               

1997-01-31                     House Journal                      Page 0206
HB 51                                                                        
The question being:  Shall HB 51 be referred to the Resources                  
Committee?  The roll was taken with the following result:                      
                                                                               
HB 51                                                                          
Refer to Resources                                                             
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia                                      
                                                                               
Nays:  Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley,            
Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek,             
Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Vezey, Williams                 
                                                                               
Excused:  Rokeberg, Therriault                                                 
                                                                               
Absent:  Austerman                                                             
                                                                               
And so, the motion failed.                                                     
                                                                               
HB 51 is in the Finance Committee.                                             
                                                                               
                                                                               
HCR 1                                                                        
Representative Ogan added his name as cosponsor to:                            
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR)                                 
Relating to a new Alaska liquefied natural gas project.                       
                                                                               
HJR 3                                                                        
Representative Nicholia added her name as cosponsor to:                        
                                                                               
HOUSE JOINT RESOLUTION NO. 3                                                  
Proposing amendments to the Constitution of the State of Alaska               
relating to subsistence uses of fish and wildlife by residents, and            
establishing an effective date for the amendment.                              
                                                                               
HB 54                                                                        
Representative Kemplen added his name as cosponsor to:                         
                                                                               

1997-01-31                     House Journal                      Page 0207
HB 54                                                                        
HOUSE BILL NO. 54                                                             
An Act establishing the Alaska education technology program;                  
and providing for an effective date.                                           
                                                                               
SJR 7                                                                        
Representatives Rokeberg, Grussendorf, Brice, Bunde, Ryan and                  
Kubina added their names as cross sponsors to:                                 
                                                                               
SENATE JOINT RESOLUTION NO. 7                                                 
Supporting continued funding of the Alaska National Guard Youth               
Corps Challenge Program.                                                       
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Minority Caucus                                        upon adj., 1/31         
                                                                               
Rules Committee                                                                
6:00 p.m., 1/30 meeting RECONVENES:          to a call of the Chair or         
                                                       6:00 p.m., 1/31         
                                                                               
Joint Session                                                                  
	The Honorable Frank Murkowski                         11:00 a.m., 2/3         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., February 3, 1997.  There being no              
objection, the House adjourned at 10:38 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk