Legislature(1993 - 1994)
1993-02-01 House Journal
Full Journal pdf1993-02-01 House Journal Page 0191 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 1, 1993 Twenty-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:00 a.m. Roll call showed 37 members present. Representative Therriault had been previously excused from a call of the House today. Representatives Menard and Navarre were absent. The invocation was offered by the Chaplain, Reverend Norvell Robertson of the Douglas United Methodist Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our Creator, we seek wisdom for this group of men and women who seek justice and fairness for all who live within this state. Give us the courage to stand up for what we believe, and the strength to share the concerns of many diverse groups in fair and understandable ways. On this day, let us begin anew in order to learn from past failures so we can build for tomorrow. We seek Your strength and understanding. Amen." The Pledge of Allegiance was led by Representative Nicholia. 1 1993-02-01 House Journal Page 0192 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the nineteenth, twentieth and twenty-first legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Administration Division of Risk Management Annual Report for FY 92 (as required by AS 37.05.287) Division of Risk Management FY 92 Actuarial Report from Coopers & Lybrand (as required by AS 37.05.287) Division of Finance State Insurance Catastrophe Fund as of June 30, 1992 (as required by AS 37.05.287) Special Education Service Agency Status of Implementation of the Three Recommendations Made in the Legislative Audit Report, November 13, 1991 (as required by Chapter 40, SLA 1992) REPORTS OF STANDING COMMITTEES EO 83 The Resources Committee has considered: EXECUTIVE ORDER NO. 83 Merging the State Geographic Board and the Historic Sites Advisory Committee into the Alaska Historical Commission in the Department of Natural Resources. 1993-02-01 House Journal Page 0193 EO 83 The report was signed by Representative Williams, Chair, with the following individual recommendations: Approval (6): Bunde, Davies, James, Green, Hudson, Williams No recommendation (2): Finkelstein, Carney A letter of intent, signed by Representative Williams, Chair, appears below: House Resources Committee Letter of Intent for EO 83 "The House Resources Committee has considered Executive Order Number 83 and has voted to move it out of Committee. However, the committee wishes to express its concern about a legal issue which was been brought to the committee's attention by attorney Terri Lauterbach of the Legislative Legal Services Division. According to Ms. Lauterbach, 'It concerns whether an executive order can validly remove from partially exempt service an employee put there by the legislature through statute. Executive Order No. 83 attempts to do so.' As Lauterbach explains, 'Section 9 of the order repeals AS 41.35.375 and AS 39.25.120(c)(9)(G). These statutory sections placed the executive director of the Alaska Historical Commission in the partially exempt service. Section 15 of the order enacts new language relating to the hiring of staff without any reference to the partially exempt service. This would have the effect of placing the executive director in the classified service.' The House Resources Committee recognizes that the Governor could probably accomplish this personnel reclassification without the executive order or legislative action through other means. However, the fact remains that Executive Order 83 appears to go beyond constitutionally determined limits of what can be accomplished in an executive order. The Committee wants to state for the record that its approval of Executive Order 83 in no way implies approval of violation of the legal parameters of executive orders, nor should it be construed to mean that any inappropriate substantive changes proposed by executive order in the future will be accepted." 1993-02-01 House Journal Page 0194 EO 83 The following fiscal notes apply to EO 83: Zero fiscal note, Dept. of Natural Resources, l/11/93 Zero fiscal note, Dept. of Community & Regional Affairs, 1/11/93 EO 83 was referred to the Finance Committee. EO 85 The Resources Committee has considered: EXECUTIVE ORDER NO. 85 Moving the bonding program that serves as security for the collection of wages and payment for raw fish from the Department of Labor to the Department of Revenue. The report was signed by Representative Williams, Chair, with the following individual recommendations: Approval (5): Bunde, James, Green, Hudson, Williams No recommendation (3): Davies, Finkelstein, Carney A letter of intent, signed by Representative Williams, Chair, appears below: House Resources Committee Letter of Intent for EO 85 "The House Resources Committee has considered Executive Order Number 85 and has voted to move it out of Committee. However, the committee wishes to express its concern about a legal issue which was brought to the committee's attention by attorney George Utermohle of the Legislative Legal Services Division. Mr. Utermohle noted that in moving the fish processor bonding requirements from the Department of Labor to the Department of Revenue, Executive Order 85 eliminates AS 16.10.292. Mr. 1993-02-01 House Journal Page 0195 EO 85 Utermohle's memorandum states, 'In my opinion, the provisions of AS 16.10.292 do not duplicate other provisions contained in the Executive Order and should have been included in the Executive Order.' Since executive orders are meant only for the transfer of functions between state agencies and the Constitution does not permit substantive change in law to be made by executive order, the omission of the language in AS 16.10.292 poses a legal question. However, Utermohle concludes that while Executive Order 85 makes significant change in law, he 'must further conclude that the elimination of AS 16.10.292 has no practical effect on the ability of the commissioner of Revenue to enforce the fish processor bonding requirements.' The House Resources Committee would like to state for the record that its approval of Executive Order 85 in no way implies approval of violation of the legal parameters of executive orders, nor should it be construed to mean that any inappropriate substantive changes proposed by executive order in the future will be accepted." The following fiscal notes apply to EO 85: Zero fiscal note, Dept. of Law, 1/11/93 Zero fiscal note, Dept. of Revenue, 1/11/93 EO 85 was referred to the Finance Committee. HJR 1 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 1 Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska by approval of two-thirds of the votes cast on the proposed amendment. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Olberg, G.Davis, Kott Do not pass (2): Ulmer, B.Davis 1993-02-01 House Journal Page 0196 HJR 1 The following fiscal note applies to HJR 1: Fiscal note, Office of the Governor, 2/1/93 HJR 1 was referred to the Judiciary Committee. HJR 11 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Ulmer, Olberg, G.Davis, Kott No recommendation (1): B.Davis The following fiscal note applies to HJR 11: Fiscal note, Office of the Governor, 2/1/93 HJR 11 was referred to the Judiciary Committee. HB 68 The Finance Committee has considered: HOUSE BILL NO. 68 "An Act making a supplemental appropriation for certain elections for regional educational attendance area school boards and coastal resource service area boards; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 68(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1993-02-01 House Journal Page 0197 HB 68 Do pass (10): MacLean, Larson, Hanley, Parnell, Grussendorf, Brown, Therriault, Hoffman, Foster, Navarre No recommendation (1): Martin HB 68 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 - Black History Month By Representative B.Davis Honoring - Xavier Lincoln By Representatives Hoffman, Foster, Nicholia; Senators Adams, Lincoln, Jacko Honoring - Harry Rogers, 1993 Superintendent of the Year By Representative Olberg In Memoriam - Ronald Bruce Hale, Jr. By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 22 HOUSE JOINT RESOLUTION NO. 22 by Representative Foster: Proposing amendments to the Constitution of the State of Alaska relating to membership of the legislature. was read the first time and referred to the Community & Regional Affairs, State Affairs, Judiciary and Finance Committees. 1993-02-01 House Journal Page 0198 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 92 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92 by Representative Therriault, entitled: "An Act relating to notaries; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 110 HOUSE BILL NO. 110 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act setting termination dates for various boards, commissions, councils, agencies, committees, and divisions of state government; repealing obsolete statutes relating to the State Fire Commission and the Board of Electrical Examiners; repealing obsolete statutes relating to termination of agency programs and activities; increasing to 10 years the normal maximum interval for review of boards, commissions, and other entities that are subject to sunset reviews; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 111 HOUSE BILL NO. 111 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act eliminating, consolidating, changing the membership requirements of, and transferring the duties of various boards, commissions, councils, panels, authorities, corporations, foundations, and similar entities of state government; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. 1993-02-01 House Journal Page 0199 HB 112 HOUSE BILL NO. 112 by Representative Moses, entitled: "An Act relating to limited partnerships; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 113 HOUSE BILL NO. 113 by Representative Larson, entitled: "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 114 HOUSE BILL NO. 114 by Representatives Toohey, Davies, MacLean, Bunde and B.Davis entitled: "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Phillips 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 - Suzie Cary, Teacher of the Year By Representatives Hudson, Ulmer, Brice, Bunde, Davies, B.Davis, G.Davis, Hanley, Hoffman, Mackie, Menard, Navarre, Parnell, Toohey; Senator Duncan 1993-02-01 House Journal Page 0200 Honoring - Doyon Drilling, Incorporated By Representatives Sitton, Brice, Nicholia, Davies, Hanley, Hoffman, Mackie, Menard, Mulder, Navarre, Therriault; Senator Lincoln Honoring - East Anchorage Boys Basketball Team Winners of the 1992 Great Alaska High School Classic By Representatives B.Davis, Martin, Barnes, G.Davis, Finkelstein, Green, Hanley, Mackie, Menard, Mulder, Navarre, Parnell, Porter, Toohey Honoring - February as American History Month By Representatives Davidson, Davies, B.Davis, G.Davis, Menard, Navarre, Nordlund, Ulmer Honoring - Sixth Annual All-Tournament Boys Team, The Lower Kuskokwim School District By Representatives Hoffman, Foster, Nicholia, G.Davis, Mackie, MacLean, Menard, Navarre, Parnell, Toohey; Senators Adams, Lincoln, Jacko Honoring - Sixth Annual All-Tournament Girls Team, The Lower Kuskokwim School District By Representatives Hoffman, Foster, Nicholia, G.Davis, Mackie, MacLean, Menard, Navarre, Parnell, Phillips, Toohey; Senators Adams, Lincoln, Jacko In Memoriam - Lydia Pierson By Representatives Willis, Carney, Kott, B.Davis, Menard, Mulder; Senators Halford, Phillips In Memoriam - Robert M. "Eureka Bob" Sicard By Senators Taylor, Zharoff; Representatives Grussendorf, Mackie, Menard UNFINISHED BUSINESS Pursuant to AS 24.55.020 and 040, the Speaker appointed the following members to the Ombudsman Selection Committee: Representative Phillips, Chair Representative Martin Representative Ulmer 1993-02-01 House Journal Page 0201 HB 65 A revised fiscal note by the Dept. of Natural Resources was published today for the following bill: HOUSE BILL NO. 65 "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date." HJR 16 Representative Carney added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 16 Proposing amendments to the Constitution of the State of Alaska relating to reapportionment and redistricting of the legislature. HJR 21 Representative James added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 21 Honoring Thurgood Marshall, 1908 - 1993. HB 5 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 5 "An Act relating to the crime of harassment." HB 53 Representative Ulmer added her name as cosponsor to: HOUSE BILL NO. 53 "An Act increasing the tax on alcoholic beverages; and providing for an effective date." HB 64 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 64 "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a 1993-02-01 House Journal Page 0202 HB 64 person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; and prohibiting the suspension of imposition of sentence of a person convicted of stalking." HB 69 Representatives Olberg, James and B.Davis added their names as cosponsors to: HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." HB 88 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 88 "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month." HB 98 Representative Mackie added his name as cosponsor to: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 3, 1993. There being no objection, the House adjourned at 10:24 a.m. J.C. Shine Chief Clerk