Legislature(1993 - 1994)
1993-02-03 House Journal
Full Journal pdf1993-02-03 House Journal Page 0207 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 3, 1993 Twenty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:03 a.m. Roll call showed 36 members present. Representatives MacLean and Menard had been previously excused from a call of the House today. Representatives Finkelstein and Foster were absent. The invocation was offered by the Chaplain, Reverend Norvell Robertson of the Douglas United Methodist Church. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Divine Spirit, with hope and joy, we begin this day, for You have allowed us to gather and learn from Your wisdom and to celebrate Your power by building avenues of communication among diverse peoples. With their trust, we can hope to build for tomorrow and bring purpose to our gathering. Give us the mind to comprehend the needs of many and struggles of those who seek relief. Amen." The Pledge of Allegiance was led by Representative Bunde. 1 1993-02-03 House Journal Page 0208 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 22nd and 23rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Chief Clerk noted the following correction in the journal for the first legislative day: Page 10, under the Committee on Committees Report for the House Special Committee on International Trade and Tourism, Representative Toohey should be "Vice-Chair". COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Department of Administration Monetary Terms of the collective bargaining agreement between the State of Alaska and the Labor, Trades and Crafts Unit (as required by AS 23.40.215(b)) Department of Commerce and Economic Development Annual Report for State Loan Programs (as required by AS 37.05.035) Department of Fish & Game 1992 Report McNeil River State Game Refuge and Sanctuary (as required by AS 16.20.041(f)) Legislative Research Agency Report on Insurance Pooling (as required by Chapter 102, SLA 92) Department of Public Safety Drug Control and System Improvement Formula Grant Application FFY 1993 1993-02-03 House Journal Page 0209 The Alaska Science & Technology Foundation 1992 Annual Report The presence of Representative Foster was noted. REPORTS OF STANDING COMMITTEES HJR 9 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 9 Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, Sanders, Kott Do not pass (2): Ulmer, B.Davis No recommendation (2): Olberg, G.Davis The following fiscal notes apply to HJR 9: Fiscal note, Office of the Governor, 2/3/93 Zero fiscal note, Dept. of Revenue, 2/3/93 HJR 9 was referred to the Judiciary Committee. HB 45 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 45 "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and providing for an effective date." 1993-02-03 House Journal Page 0210 HB 45 The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (7): Kott, G.Davis, Bunde, Toohey, Olberg, B.Davis, Brice No recommendation (1): Vezey HB 45 was referred to the Finance Committee. HB 90 The Judiciary Committee has considered: HOUSE BILL NO. 90 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Green, Kott, James, Porter, Phillips, Nordlund, Davidson The following fiscal note applies to HB 90: Zero fiscal note, Legislative Affairs Agency, 2/3/93 HB 90 was referred to the Finance Committee. HB 92 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92 "An Act relating to notaries; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92(L&C) (same title) 1993-02-03 House Journal Page 0211 HB 92 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (1): Hudson No recommendation (3): Porter, Williams, Green The following fiscal note applies to CSSSHB 92(L&C): Zero fiscal note, Office of the Governor, 2/3/93 SSHB 92 was referred to the Judiciary Committee. The presence of Representative Finkelstein was noted. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Military & Veterans' Affairs submitted the following organizational changes: Representative Foster, Co-chair Representative Mulder, Co-chair Representative Kott, Vice-chair The special committee was appointed on January 11, 1993, page 10. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Seward Volunteer Ambulance Corps By Representative G.Davis Honoring - 1993 National Engineers' Week By Senator Leman Honoring - Joe Uson, The National 1992 Outstanding Early Childhood Teacher By Senator Phillips 1993-02-03 House Journal Page 0212 In Memoriam - Kenneth L. Brady By Senator Leman In Memoriam - Audrey Lillian Julia Clawson By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 6 HOUSE CONCURRENT RESOLUTION NO. 6 by Representatives Kott, Martin, Mulder, Willis, Foster, Navarre, Hanley, Vezey, Barnes and Phillips: Relating to Armed Forces History Month. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 23 HOUSE JOINT RESOLUTION NO. 23 by Representatives Hoffman and Foster: 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." was read the first time and referred to the State Affairs, Resources, Judiciary and Finance Committees. HJR 24 HOUSE JOINT RESOLUTION NO. 24 by Representatives Mulder, Barnes, Foster, Hudson, Willis, James, Porter, Therriault, Brown, Toohey and Kott: Relating to the shortage of adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor and the commissioner of natural resources to identify state land that might be made available for that housing. 1993-02-03 House Journal Page 0213 HJR 24 was read the first time and referred to the State Affairs Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 39 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 39 by Representatives Brown, B.Davis and Finkelstein, entitled: "An Act relating to prevention, abatement, and control of air pollution; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Resources and Finance Committees. HB 74 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 74 by Representative Phillips, entitled: "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." was read the first time and referred to the State Affairs, Transportation and Finance Committees. HB 115 HOUSE BILL NO. 115 by the House Labor & Commerce Committee, entitled: "An Act extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." was read the first time and referred to the House Special Committee on International Trade & Tourism, Labor & Commerce and Finance Committees. HB 116 HOUSE BILL NO. 116 by Representatives Hanley, Phillips, Larson, Green, Parnell and Navarre, entitled: 1993-02-03 House Journal Page 0214 HB 116 "An Act directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production when royalty is payable to the state under applicable federal law; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 117 HOUSE BILL NO. 117 by Representatives Menard and Carney, entitled: "An Act naming the Manvil H. Olson Bridge." was read the first time and referred to the Transportation and Finance Committees. HB 118 HOUSE BILL NO. 118 by Representative B.Davis, entitled: "An Act extending workers' compensation coverage to certain high school students in uncompensated work-study programs." was read the first time and referred to the Labor & Commerce, Health, Education & Social Services and Finance Committees. HB 119 HOUSE BILL NO. 119 by Representatives Ulmer, B.Davis, Davies and Brown, entitled: "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Department of Corrections to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." 1993-02-03 House Journal Page 0215 HB 119 was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 120 HOUSE BILL NO. 120 by the House Judiciary Committee, entitled: "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." was read the first time and referred to the Judiciary Committee. HB 121 HOUSE BILL NO. 121 by the House Judiciary Committee, entitled: "An Act relating to introduction of bills by the supreme court; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 122 HOUSE BILL NO. 122 by the House Judiciary Committee, entitled: "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 123 HOUSE BILL NO. 123 by Representatives Ulmer, Grussendorf, Navarre, Sitton, Mackie, Davies and Davidson, entitled: "An Act relating to loans for the purchase of individual fishery quota shares." 1993-02-03 House Journal Page 0216 HB 123 was read the first time and referred to the House Special Committee on Fisheries, Resources, Labor & Commerce and Finance Committees. HB 124 HOUSE BILL NO. 124 by the House Rules Committee by request of the Governor, entitled: "An Act relating to grants to municipalities, named recipients, and unincorporated communities; establishing capital project matching grant programs for municipalities and unincorporated communities; establishing a local share requirement for capital project grants to municipalities, named recipients, and unincorporated communities; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. The following fiscal notes apply to HB 124: Fiscal note, Dept. of Administration, 2/3/93 Fiscal notes (2), Dept. of Community & Regional Affairs, 2/3/93 Zero fiscal note, Dept. of Commerce & Economic Development, 2/3/93 Zero fiscal note, Dept. of Environmental Conservation, 2/3/93 Zero fiscal note, Dept. of Labor, 2/3/93 The Governor's transmittal letter, dated February 3, 1993, appears below: "Dear Speaker Barnes: In accordance with art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill establishing capital project matching grant programs for municipalities and unincorporated communities, and establishing local share requirements for other capital project grants to municipalities, named recipients, and unincorporated communities. The capital project matching grant programs and the local share requirements for other capital project grants have two main objectives. One objective is to encourage a sense of local ownership in capital projects by requiring municipalities, unincorporated communities, and named grant recipients to participate financially in them. This local 1993-02-03 House Journal Page 0217 HB 124 participation will help grantees to determine their highest priorities and help ensure that only the most important and cost-effective projects are undertaken. The second objective is to leverage the use of state money in the financing of capital projects, which will be a particularly important policy to adopt given the expected decline of state revenue in the future. In addition, the new capital project matching grant programs for municipalities and unincorporated communities provide an orderly and thoughtful planning and review process that involves local communities, the executive branch, and the legislature. There is a distinction between the new capital project matching grant programs and the new local share requirements for other capital project grants. It is intended that the new matching grant programs be used for relatively small capital projects proposed by municipalities and unincorporated communities, and that the new local match requirements for municipalities, named recipients, and unincorporated communities apply to other types of larger capital projects funded through grants made under AS 37.05.315 - 37.05.317. The focus of this bill is the proposed new capital project matching grant programs in AS37.06. Much like a block grant program, these programs would establish two funds (one with individual accounts for all municipalities and one with individual accounts for all unincorporated communities participating in the state's revenue-sharing program) from which small-scale capital projects can be funded by project-specific appropriations. (I am also transmitting a companion bill making appropriations to the two funds, as the first step in this funding process.) The projects would be selected and prioritized at the local level, well before each year's legislative session, and a prioritized project list would be submitted to the governor for inclusion in the capital improvements program. The governor would provide the legislature with reasons for any differences between the local list and the capital improvements program submitted to the legislature. In each case, the projects funded by the appropriations would be subject to local financial match requirements, including allowances for in-kind matching contributions. In addition, under the bill the same local match requirements and in-kind allowances would be extended to all grants currently made to municipalities, named recipients, and unincorporated communities under AS37.05.315-37.05.317. 1993-02-03 House Journal Page 0218 HB 124 My Office of Management and Budget has prepared a section-by- section description of the bill which is available for your review. The net effect of the bill is that all capital project grants to municipali- ties, named recipients, and unincorporated communities would be subject to local financial match requirements, regardless of whether they are funded through the capital project matching grant programs established by this bill or under the existing provisions of AS37.05.315 - 37.05.317 as amended by this bill. This bill is important because it expands the role of local communities in determining the capital improvements and capital projects that will best suit their local needs. It is also important because of the precedent it sets in requiring a local stake in capital projects and because it allows limited state financial resources to support a greater number of needed capital projects than otherwise would be possible. For all of these reasons, I seek and encourage your support for this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 125 HOUSE BILL NO. 125 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for capital project matching grant programs; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. The Governor's transmittal letter, dated February 3, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making appropriations totaling $67,000,000 for 1993-02-03 House Journal Page 0219 HB 125 capital project matching grant programs in the Department of Administration and the Department of Community and Regional Affairs. Today I am also transmitting a companion bill that establishes those programs in statute, to provide funding for essential capital projects in municipalities and unincorporated communities and to establish local share requirements for these projects. As provided in the companion bill establishing the two capital project matching grant programs, the appropriations to the two funds will be allocated under two formulas to individual grant accounts for municipalities and unincorporated communities. My office of management and budget will provide information that shows the allocation amounts that would result from these appropriations under those formulas. Subsequent project-specific appropriations will be necessary for municipalities and unincorporated communities to draw project grant money from their individual grant accounts. The appropriations requested in the attached bill assume that municipalities and unincorporated communities will contribute a local share toward each capital project, which will maximize limited state money for those projects. These appropriations will help improve Alaska's health centers, senior centers, women's shelters, youth centers, and other structures essential to providing quality social and health programs in local areas of our state. Also, these appropriations may improve our energy systems, provide weatherization to save energy in funded projects, and make other improvements for more efficient program administration in funded projects. Finally, these appropriations will be available to provide essential infrastructure to encourage economic development, especially in the rural areas of our state. Alaska must have up-to-date capital structure and technology in order to successfully compete in today's rapidly changing markets. I seek and encourage your support for this bill. Sincerely, /s/ Walter J. Hickel Governor" 1993-02-03 House Journal Page 0220 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 68 The following was read the second time: 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." with the: Journal Page FIN RPT CS(FIN) 10DP 1NR 196 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 68(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unimous consent that CSHB 68(FIN) be considered engrossed and advanced to third reading. There being no objection, it was so ordered. CSHB 68(FIN) was read the third time. The question being: "Shall CSHB 68(FIN) pass the House?" The roll was taken with the following result: CSHB 68(FIN) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 1993-02-03 House Journal Page 0221 HB 68 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Vezey Excused: MacLean, Menard And so, CSHB 68(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 68(FIN) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the following citations on the calendar: Honoring - Black History Month By Representatives B.Davis, Brice, Davidson, Davies, G.Davis, Finkelstein, Foster, Grussendorf, Mackie, MacLean, Navarre, Nicholia, Nordlund, Parnell, Sitton, Toohey, Ulmer, Vezey, Willis Honoring - Xavier Lincoln By Representatives Hoffman, Foster, Nicholia, Mackie, MacLean, Navarre, Parnell; Senators Adams, Lincoln, Jacko Honoring - Harry Rogers, 1993 Superintendent of the Year By Representatives Olberg, G.Davis, Foster, Navarre, Nicholia, Parnell, Therriault, Toohey, Ulmer, Willis In Memoriam - Ronald Bruce Hale Jr. By Senator Leman; Representative Foster 1993-02-03 House Journal Page 0222 Representative Mackie objected and moved and asked unanimous consent that the following names be added to the citation Honoring - Black History Month: "Coleman Young Tom Bradley" There being no objection, it was so ordered. There being no further objection, the citations were approved and sent to enrolling. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hudson - from 7:45 a.m., February 4 to 5:20 p.m., February 5, 1993 Representative Carney - from 7:45 a.m., February 5 to 8:45 p.m., February 7, 1993 There being no objection, it was so ordered. HJR 24 Representative Vezey, Chairman of the State Affairs Committee moved and asked unanimous consent that the five-day notice requirement in Rule 23(a) of the Uniform Rules be waived so that the Committee may hear the following on February 6, 1993: HOUSE JOINT RESOLUTION NO. 24 Relating to the shortage of adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor and the commissioner of natural resources to identify state land that might be made available for that housing. There being no objection, it was so ordered. 1993-02-03 House Journal Page 0223 HJR 21 Representative Sanders added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 21 Honoring Thurgood Marshall, 1908 - 1993. HB 43 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 43 "An Act relating to the crime of conspiracy." HB 64 Representative Mackie added his 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 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 Green, Sanders and Toohey 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 86 Representative Green added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86 "An Act relating to sanctions for property-related offenses, to remedies for property-related offenses committed by juveniles, and to records of those offenses." 1993-02-03 House Journal Page 0224 HB 91 Representative Sitton added his name as cosponsor to: HOUSE BILL NO. 91 "An Act providing for the issuance of general obligation bonds in the amount of $413,824,800 for the purpose of paying the cost of acquiring, constructing, reconstructing, and equipping public schools; and providing for an effective date." HB 92 Representative James added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92 "An Act relating to notaries; and providing for an effective date." HB 96 Representative Green added his name as cosponsor to: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." HB 100 Representative Green added his name as cosponsor to: HOUSE BILL NO. 100 "An Act relating to criminal charges brought against minors." HB 114 Representative James added her name as cosponsor to: HOUSE BILL NO. 114 "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures." ENGROSSMENT HB 68 CSHB 68(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-02-03 House Journal Page 0225 ANNOUNCEMENTS Revised Floor Session for the following: Regular Session House Chamber 10:00 am, 2/25 No Session House Chamber 2/26 Regular Session House Chamber 11:00 am, 3/1 The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Thursday printed schedule. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 5, 1993. There being no objection the House adjourned at 11:36 a.m. J.C. Shine Chief Clerk