Legislature(1993 - 1994)

1993-02-15 House Journal

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1993-02-15                     House Journal                      Page 0341
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday          February 15, 1993         
                                                                               
                                                                               
                               Thirty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:03 a.m.                                                           
                                                                               
                                                                               
Roll call showed 28 members present.  Representatives Brown, Davies,           
Finkelstein, Grussendorf, Hoffman, James, Moses, Sitton, Therriault            
and Ulmer had been previously excused from a call of the House                 
today.  Representative Menard was absent.                                      
                                                                               
Representative Phillips moved and asked unanimous consent that                 
Representative Mackie be excused today due to illness.  There being            
no objection, it was so ordered.                                               
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Pat Brayton of            
the Valley Chapel.  Representative Kott moved and asked unanimous              
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
"Heavenly Father, I am here to pray for these men and women                   
who serve the people of Alaska in these chambers.  Theirs is                   
not an easy job.  Please stretch out Your hand, to bless and                   
encourage them.  Give them wisdom and divine help for this                     
task.  Give them the inner strength to resist political pressures              
and take only those actions that are truly beneficial for the                  
people of our state.  May they receive from You a strong                       
sense of Your presence with them, to guide them as they go.                    
                                                                               
                                       1                                       
                                                                               

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I pray that through Your assistance, they will be able to avoid               
costly mistakes and to seize those opportunities that You                      
present to them.  Give them grace and humility, that they may                  
be able to work together, that Alaska may enjoy peace as well                  
as prosperity.  Grant us Your blessing through them Lord.                      
                                                                               
In Jesus name, I pray.  Amen."                                                
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Foster.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 32nd, 33rd, 34th and 35th legislative days be approved         
as certified by the Chief Clerk.  There being no objection, it was so          
ordered.                                                                       
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HJR 24                                                                       
A message dated February 11, 1993, was read stating the Governor has           
signed the following resolution and is transmitting the engrossed and          
enrolled copies to the Lieutenant Governor's office for permanent              
filing:                                                                        
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(STA)                              
am S                                                                           
Relating to 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,             
the commissioner of natural resources, and local officials to                  
identify public land that might be made available for that housing.            
                                                                               
Legislative Resolve No. 1                                                     
                                                                               
                                                                               

1993-02-15                     House Journal                      Page 0343
                                COMMUNICATIONS                               
                                                                               
The following report is on file in the Chief Clerk's office:                   
                                                                               
Dept. of Education                                                             
Community Schools in Alaska, Fiscal Year 1992 Report                           
(as required by AS 14.36.010(4))                                               
                                                                               
                                                                               
                       REPORTS OF STANDING COMMITTEES                        
                                                                               
HB 99                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 99                                                             
"An Act repealing the 65-day time limit for approval or                       
disapproval of a proposed oil discharge contingency plan by the                
Department of Environmental Conservation; and providing for an                 
effective date."                                                               
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Hudson, Carney, Green, Mulder, Bunde, Williams                   
                                                                               
The following fiscal note applies to HB 99:                                    
                                                                               
Zero fiscal note, Dept. of Environmental Conservation, 2/5/93                  
                                                                               
HB 99 was referred to the Judiciary Committee.                                 
                                                                               
                                                                               
HB 101                                                                       
The Labor & Commerce has considered:                                           
                                                                               
HOUSE BILL NO. 101                                                            
"An Act relating to the adoption of the National Electrical Code              
and the National Electrical Safety Code."                                      
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               

1993-02-15                     House Journal                      Page 0344
HB 101                                                                       
Do pass (5): Porter, Green, Williams, Mulder, Hudson                           
                                                                               
The following fiscal note applies to HB 101:                                   
                                                                               
Zero fiscal note, Dept. of Labor, 2/15/93                                      
                                                                               
HB 101 was referred to the Finance Committee:                                  
                                                                               
***The presence of Representative Menard was noted.                            
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Kenai River Sportfishing, Incorporated                              
By Representatives Phillips, Mulder                                            
                                                                               
Honoring - Jeremy Ritter                                                       
By Representative Mackie                                                       
                                                                               
Honoring - Maggie and Dale Webb, 50th Wedding Anniversary                      
 Celebration, Fairbanks, Alaska - February 20, 1993                            
By Representative Brice                                                        
                                                                               
In Memoriam - Lena Venes Laraux                                                
By Representative Hoffman                                                      
                                                                               
Honoring - Robert Corbisier, Homer Chamber of Commerce,                        
 Outstanding Community Contribution by a Young Person                          
By Senator Little, Representatives Navarre, Phillips                           
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HSCR 2                                                                       
HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 by                                   
Representative Barnes:                                                         

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HSCR 2                                                                       
Disapproving Executive Order No. 87.                                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 151                                                                       
HOUSE BILL NO. 151 by the House Judiciary Committee, entitled:                 
                                                                               
"An Act relating to payment by indigent persons for legal services            
and related costs; and providing for an effective date."                       
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 152                                                                       
HOUSE BILL NO. 152 by the House Judiciary Committee, entitled:                 
                                                                               
"An Act relating to magistrate jurisdiction."                                 
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
HB 153                                                                       
HOUSE BILL NO. 153 by the House Judiciary Committee by request,                
entitled:                                                                      
                                                                               
"An Act related to sentencing."                                               
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
HB 154                                                                       
HOUSE BILL NO. 154 by Representatives Kott, Green and Martin,                  
entitled:                                                                      
                                                                               
"An Act establishing a woman's right to know certain medical                  
facts related to the woman's safety before an abortion is                      
performed."                                                                    

1993-02-15                     House Journal                      Page 0346
HB 154                                                                       
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
HB 155                                                                       
HOUSE BILL NO. 155 by Representatives G.Davis, Brice, Olberg and               
Nordlund, entitled:                                                            
                                                                               
"An Act relating to audits of health facilities."                             
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 156                                                                       
HOUSE BILL NO. 156 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the use of money in the Alaska debt retirement            
fund; changing the name of the Alaska debt retirement fund to the              
Alaska public schools and public facilities fund; 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 note applies to HB 156:                                   
                                                                               
Zero fiscal note, Dept. of Revenue, 2/15/93                                    
                                                                               
The Governor's transmittal letter, dated February 15, 1993, appears            
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill changing the statutory provision establishing the          
Alaska debt retirement fund.  This fund was established by the                 
legislature in 1991 as a mechanism to ensure a long-term source of             
money for the debt service obligations of the state and local                  
governments, and to strengthen and add to the economy of the state             
(ch. 87, SLA 1991).  The statutory fund currently consists of all money        
appropriated to it.                                                            

1993-02-15                     House Journal                      Page 0347
HB 156                                                                       
Section 1 of the bill expands the uses of money in the fund to include         
maintenance of capital projects.  It also reorders the priorities regarding    
those uses to allow construction projects to be given an equal                 
importance with other specified uses.  The bill also changes the name          
of the fund.                                                                   
                                                                               
This bill will finance responsible expansion and maintenance of the            
state's infrastructure, including schools, and enhance the viability and       
competitiveness of Alaska's industries.                                        
                                                                               
I urge your support for this bill.                                             
                                                                               
          Sincerely,                                                           
          /s/                                                                  
          Walter J. Hickel                                                     
          Governor"                                                            
                                                                               
HB 157                                                                       
HOUSE BILL NO. 157 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making a special appropriation to the Alaska public                   
schools and public facilities fund; and providing for an effective             
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The Governor's transmittal letter, dated February 15, 1993, appears            
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill making a special appropriation in the sum of               
$630,000,000 from the general fund to the Alaska public schools and            
public facilities fund (AS37.15.011).  (In a companion bill that I am          
also transmitting, the existing Alaska debt retirement fund                    
(AS37.15.011) is renamed as the Alaska public schools and public               
facilities fund.)                                                              
                                                                               

1993-02-15                     House Journal                      Page 0348
HB 157                                                                       
The intent of this bill is to appropriate the amount equivalent to the         
$630,000,000 to be received by the state from the February 1993                
settlement agreement with British Petroleum for income tax, penalties,         
and interest arising under AS43.20 to the Alaska public schools and            
public facilities fund.  The intended uses of money in the fund are set        
out in AS37.15.011, which is repealed and reenacted in the                     
accompanying companion bill.                                                   
                                                                               
The bill has a contingent effective date, to correspond to the date that       
the settlement money is anticipated to be received by the state, but           
only if statutory changes to the fund (in the companion bill) are              
enacted into law to allow the fund to be more readily used for                 
appropriations for construction and maintenance of capital projects.           
                                                                               
I urge your support for this bill.                                             
                                                                               
          Sincerely,                                                           
          /s/                                                                  
          Walter J. Hickel                                                     
          Governor"                                                            
                                                                               
HB 158                                                                       
HOUSE BILL NO. 158 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations for contract settlement costs and               
cost-of-living adjustments for public employees who are members                
of certain collective bargaining units; and providing for an                   
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
The Governor's transmittal letter, dated February 15, 1993, appears            
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that makes appropriations for contract settlement          
                                                                               

1993-02-15                     House Journal                      Page 0349
HB 158                                                                       
costs and cost-of-living adjustments for eligible public employees who         
are members of the Labor, Trades, and Crafts bargaining unit.                  
                                                                               
Section 1 of the bill makes an appropriation of $2,909,370 to the              
Office of the Governor, office of management and budget, to pay the            
3.6 percent cost-of-living adjustment for fiscal year 1993, as required        
by the terms of the contract settlement with eligible public employees         
who are members of the Labor, Trades, and Crafts bargaining unit.              
                                                                               
                                                                               
Section 2 of the bill makes an appropriation of $4,921,271 to the              
Office of the Governor, office of management and budget, to pay the            
3.6 percent cost-of-living adjustment and the increased costs of health        
insurance benefits for fiscal year 1994, as required by the terms of the       
contract settlement with eligible public employees who are members             
of that bargaining unit.                                                       
                                                                               
                                                                               
Section 3 of the bill makes an appropriation of $70,350 to the Office          
of the Governor, office of management and budget, to pay the contract          
signing bonus to eligible employees of that collective bargaining unit.        
                                                                               
Section 4 of the bill makes an appropriation of $74,200 to the Office          
of the Governor, office of management and budget, to reimburse                 
employees in that collective bargaining unit for costs of obtaining            
commercial drivers' licenses necessary for continued employment.               
Sections 5 and 6 of the bill contain lapse provisions to ensure that the       
unexpended and unobligated balances of appropriations lapses into the          
respective funds at set time limits.                                           
                                                                               
                                                                               
Section 7 of the bill provides for an immediate effective date.                
                                                                               
I urge your support of this bill to meet the state's obligations.              
                                                                               
          Sincerely,                                                           
          /s/                                                                  
          Walter J. Hickel                                                     
          Governor"                                                            
                                                                               
                                                                               

1993-02-15                     House Journal                      Page 0350
                     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 - John C. Atwell II                                                   
By Representatives Carney, Larson, G.Davis, Menard                             
                                                                               
Honoring - Ben Eielson Football Team                                           
By Representatives James, B.Davis, Green, Menard, Navarre, Parnell,            
Vezey, Willis; Senator Miller                                                  
                                                                               
Honoring - Private First Class Daniel A. Hamilton Soldier of the Year          
By Representatives Vezey, Foster, Green, Hanley, Menard, Mulder,               
Navarre, Parnell, Toohey, Willis                                               
                                                                               
Honoring - Sergeant Steven W. Reschke, Noncommissioned Officer of              
 the Year                                                                      
By Representatives Vezey, Foster, Green, Hanley, Menard, Mulder,               
Navarre, Parnell, Toohey, Willis                                               
                                                                               
Honoring - Larry White and Santafax                                            
By Representatives James, Therriault, Vezey, Menard; Senator Miller            
                                                                               
In Memoriam - Gay Dobler Choquette                                             
By Representatives Hanley, Hudson, Foster, Mackie, Menard, Mulder,             
Navarre, Parnell, Phillips, Toohey, Ulmer                                      
                                                                               
Honoring - Sue Henry, Anthony Award For Best New Mystery Novel                 
 of 1991                                                                       
Senator Ellis; Representatives B.Davis, MacLean, Menard, Navarre,              
Nordlund, Parnell, Toohey, Willis                                              
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 50                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               

1993-02-15                     House Journal                      Page 0351
HB 50                                                                        
HOUSE BILL NO. 50                                                             
"An Act authorizing the Anchorage to Kenai Peninsula and the                  
Healy to Fairbanks power transmission interties and approving the              
design and construction costs of the interties; and providing for an           
effective date."                                                               
                                                                               
HB 51                                                                        
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 51                                                             
"An Act making a special appropriation for design and                         
construction of power transmission interties between Anchorage                 
and the Kenai Peninsula and between Healy and Fairbanks; and                   
providing for an effective date."                                              
                                                                               
HB 64                                                                        
Representative Carney 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."                                
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Public Disclosure report forms due                                2/15         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., February 17, 1993.  There being no             
objection the House adjourned at 10:17 a.m.                                    
                                                                               
           J.C. Shine                                                          
           Chief Clerk