Legislature(1997 - 1998)
1997-04-01 House Journal
Full Journal pdf1997-04-01 House Journal Page 0893 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 1, 1997 Seventy-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 2:03 p.m. The following members were present for the technical session: Representatives Austerman, Bunde, Cowdery, Davis, Elton, Foster, Green, Joule, Kemplen, Kookesh, Martin, Mulder, Nicholia, Ogan, Phillips, Ryan and Vezey. REPORTS OF STANDING COMMITTEES HJR 21 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 21 Relating to amendment of Title VIII of the Alaska National Interest Lands Conservation Act. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (2): Masek, Ogan Do not pass (2): Nicholia, Joule No recommendation (3): Dyson, Green, Hudson The following fiscal note applies: 1997-04-01 House Journal Page 0894 HJR 21 Zero fiscal note, House Resources Committee, 4/1/97 HJR 21 was referred to the State Affairs Committee. HB 67 The State Affairs Committee has considered: HOUSE BILL NO. 67 An Act relating, for purposes of eligibility for a permanent fund dividend, to an absence from the state while on an unpaid sabbatical under the longevity bonus program; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 67(STA) An Act relating, for purposes of eligibility for a permanent fund dividend, to absences from the state while on certain sabbaticals; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Berkowitz, Hodgins, Dyson, Ivan No recommendation (2): Elton, Vezey The following fiscal note applies to CSHB 67(STA): Zero fiscal note, Dept. of Revenue, 4/1/97 HB 67 was referred to the Labor & Commerce Committee. HB 128 The Resources Committee has considered: 1997-04-01 House Journal Page 0895 HB 128 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 An Act relating to water quality; directing the Department of Environmental Conservation to conduct water quality research; establishing the Water Science Oversight Board; and providing for an effective date. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (7): Dyson, Green, Masek, Ogan, Hudson, Nicholia, Joule The following fiscal note applies: Fiscal note, Dept. of Law, 4/1/97 SSHB 128 was referred to the Finance Committee. HB 141 The Resources Committee has considered: HOUSE BILL NO. 141 An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 141(RES) (same title) The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (3): Dyson, Green, Hudson No recommendation (4): Masek, Ogan, Nicholia, Joule The following fiscal note applies to CSHB 141(RES): 1997-04-01 House Journal Page 0896 HB 141 Zero fiscal note, Dept. of Fish & Game, 2/27/97 HB 141 was referred to the Rules Committee for placement on the calendar. HB 143 The State Affairs Committee has considered: HOUSE BILL NO. 143 An Act relating to the art in public places requirements for state- owned and state-leased buildings and facilities. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Hodgins, Vezey Do not pass (3): Elton, Berkowitz, Ivan No recommendation (2): James, Dyson The following fiscal notes apply: Zero fiscal note, Dept. of Education, 4/1/97 Zero fiscal note, Dept. of Transportation & Public Facilities, 4/1/97 HB 143 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rita Esmailka By Representative Nicholia; Senator Lincoln Honoring - Aniak Girls' Basketball Team By Representative Nicholia 1997-04-01 House Journal Page 0897 Honoring - Daniel Mitchell, Academic Excellence Award; Clint Schumacher, Student Leader of the Year, University of Alaska Anchorage, College of Business and Public Policy By Senator Ward Honoring - Dr. Musa Essayyad, Teacher of the Year; Professor Garlyn Warren, Advisor of the Year, University of Alaska Anchorage, College of Business and Public Policy By Senator Ward Honoring - Elif Lee, Mike Strand, Neal Foster, William Seward Chair Finance Award Winners By Senator Ward In Memoriam - Borge Larsen By Representative Moses INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 219 HOUSE BILL NO. 219 by Representative Kott, entitled: An Act relating to chiropractic health care services provided by a health maintenance organization. was read the first time and referred to the Health, Education & Social Services Committee. HB 220 HOUSE BILL NO. 220 by Representatives Sanders, Barnes and Austerman, entitled: An Act relating to the new business incentive program. 1997-04-01 House Journal Page 0898 HB 220 was read the first time and referred to the House Special Committee on Economic Development and the Finance Committee. HB 221 HOUSE BILL NO. 221 by the House Rules Committee by request of the Governor, entitled: An Act relating to the Alaska Administrative Journal; relating to public notices of state agencies; and relating to material incorporated by reference in regulations and to the content and furnishing of regulation notices under the Administrative Procedure Act. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal note applies: Zero fiscal note, Office of the Governor/All Depts., 4/1/97 The Governor's transmittal letter, dated March 27, 1997, appears below: Dear Speaker Phillips: Among my administrations efforts to find greater efficiencies in state government is this bill to simplify the regulatory process. It proposes changes to update the Administrative Procedure Act (APA) which will benefit the public by removing some confusion from the regulatory process. These changes acknowledge innovations in the way society communicates and government operates. State regulations often incorporate other materials or documents as legal standards, particularly for state agency programs that operate under federal law and regulations. Currently, every time the federal government changes its regulations, the state must make corresponding 1997-04-01 House Journal Page 0899 HB 221 changes through full public notice and hearing despite the fact the federal changes may have already been through public scrutiny. This process is expensive for the state while also making it difficult to keep up with changes in law in a timely manner. In some cases, such as federal shellfish sanitation regulations, this delay in adopting new rules can jeopardize the ability of Alaskans to continue to sell their products. This bill streamlines the regulation adoption process by allowing documents or other material to be adopted by reference in certain instances. This means future amendments to the document can be incorporated, but only if the public had the opportunity to comment on the changes in another governmental forum or if the legislature specifically allows for automatically adopting the future changes. The legislature is already moving in this direction this year with specific documents and guidelines used for various Department of Labor regulations. This bill also simplifies and consolidates the publication of public notices, making the process easier for the public to use. Agencies would be allowed to publish notice of proposed regulatory changes with a brief general description, perhaps presented as a display ad rather than the current lengthy and sometimes difficult to understand listings found in the legal classified sections. The lengthier summary would still be available in the Alaska Administrative Journal (AAJ) and through mail distribution. The lieutenant governor could also arrange for newspaper space in which all state agency matters involving public notices and meetings could be consolidated. This will lead to easier to understand notices for the public in one prominent location in newspapers. Finally, this bill discontinues the printed version of the AAJ, limiting it to an electronic version only. The AAJ would continue to include summaries of proposed regulation changes, procurement and public meeting notices, and other information of public interest required for publication. The printed AAJ currently has only about 50 paying subscribers, most of whom reside outside the state. Eliminating the printed version of the AAJ will streamline state government while not adversely impacting the quality of the notice provided to interested persons. 1997-04-01 House Journal Page 0900 HB 221 Taken together, the changes proposed in this bill will make the regulatory process more efficient and will provide for more effective notice to the public. Sincerely, /s/ Tony Knowles Governor HB 222 HOUSE BILL NO. 222 by Representative Rokeberg, entitled: An Act relating to abandoned, wrecked, or junk vehicles. was read the first time and referred to the Transportation and Labor & Commerce Committees. HB 223 HOUSE BILL NO. 223 by Representative James, entitled: An Act removing the exemption from overtime pay requirements for work performed under a flexible work hour plan included as part of a collective bargaining agreement. was read the first time and referred to the Labor & Commerce Committee. HB 224 HOUSE BILL NO. 224 by Representative Ogan by request, entitled: An Act relating to the employment of prisoners. was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. UNFINISHED BUSINESS HJR 1 Representative Kohring added his name as cosponsor to: 1997-04-01 House Journal Page 0901 HJR 1 HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. HJR 2 Representative Kohring added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 2 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. HB 15 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 15 An Act relating to the location of the convening of the legislature in regular session; repealing provisions relating to student guests of the legislature; and providing for an effective date. HB 42 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 42 An Act relating to the location of the convening of the legislature in regular session; and providing for an effective date. HB 90 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 90 An Act establishing a woman's right to know certain medical facts related to the woman's safety before an abortion is performed. HB 166 Representative Kohring added his name as cosponsor to: 1997-04-01 House Journal Page 0902 HB 166 HOUSE BILL NO. 166 An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty when certain of those murders are committed against children; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure. SB 77 Representative Kohring added his name as cross sponsor to: SENATE BILL NO. 77 An Act relating to the Alaska Day of Prayer. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Joint Session U.S. Senator Ted Stevens' address 11:00 a.m., 4/2 ADJOURNMENT Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the House adjourn until 10:00 a.m., April2,1997. There being no objection, the House adjourned at 2:10p.m. Suzi Lowell Chief Clerk