Legislature(1993 - 1994)

1993-03-01 House Journal

Full Journal pdf

1993-03-01                     House Journal                      Page 0473
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday              March 1, 1993         
                                                                               
                                                                               
                                 Fiftieth Day                                
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 11:06 a.m.                                                           
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Hoffman,                 
Martin and Williams had been previously excused from a call of the             
House today.  Representative Therriault was absent.                            
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House today:                   
                                                                               
Representative Foster - until 5:30 p.m., plane time; Representatives           
Bunde, Nicholia and Nordlund - until later plane time due to weather           
conditions.                                                                    
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Larry Rorem of the          
Shepherd of the Valley Lutheran Church.  Representative Menard                 
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Dear Lord,                                                                   
                                                                               
In the midst of our complicated, hectic and often frantic lives,              
help us to not lose sight of the lifelines that You provide.  We               
give thanks for such lifelines as serenity, faith, hope, prayer,               
                                                                               
                                       1                                       

1993-03-01                     House Journal                      Page 0474
love, forgiveness, and grace, which help us live our lives in                 
ways that dignify the many gifts You have given us.  Without                   
such lifelines we find ourselves vulnerable to decisions that                  
are harmful to ourselves and to others.                                        
                                                                               
Bless each representative gathered here today as they struggle                
with issues and decisions on our behalf.  May the lifelines that               
they carry with them on their journey of life bring strength to                
them.  Help them bring the leadership needed for our state and                 
its people.                                                                    
                                                                               
In Your Holy name, Amen."                                                     
                                                                               
The Pledge of Allegiance was led by Representative Navarre.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 46th, 47th, 48th and 49th legislative days and Senate          
and House Joint Journal Supplement No. 7 be approved as certified by           
the Assistant Chief Clerk.  There being no objection, it was so ordered.       
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Department of Fish & Game                                                      
FRED 1992 Annual Report                                                        
                                                                               
Department of Administration                                                   
Annual Report of the Alaska Public Employees' Retirement                       
	System and Teachers' Retirement System                                        
(as required by AS 39.35.020(5) and 14.25.030(4))                              
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Finance Committee has considered the following appointees to the           
Board of Public Accountancy:                                                   
                                                                               
                              Elaine Damm - Kodiak                             
                             Bruce Ogle - Anchorage                            

1993-03-01                     House Journal                      Page 0475
Recommending concur:  MacLean, Larson, Foster, Therriault, Brown,              
Navarre                                                                        
                                                                               
The report stated that the committee recommendations do not                    
necessarily indicate an intention to vote for or against an appointee at       
the time of the joint session on confirmation.                                 
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
Chairs.                                                                        
                                                                               
                                                                               
The Judiciary Committee has considered the following appointees to             
the Select Committee on Legislative Ethics:                                    
                                                                               
                              Annie Laurie Howard                              
                                                                               
The report was signed by Representatives Porter, Chair, James, Vice-           
chair; Kott, Green, Nordlund and Phillips                                      
                                                                               
                              Virginia  M. Johnson                             
                                                                               
The report was signed by Representatives Porter, Chair, James, Vice-           
chair; Kott and Green                                                          
                                                                               
                                Shirley A. McCoy                               
                                                                               
The report was signed by Representatives Porter, Chair, James, Vice-           
chair; Kott, Green and Phillips                                                
                                                                               
                             Edith A. Vorderstrasse                            
                                                                               
The report was signed by Representatives Porter, Chair, James, Vice-           
chair; Kott, Nordlund, Phillips and Davidson                                   
                                                                               
The reports stated that though there were no stated objections by              
committee members to the confirmation of the named individual, this            
does not reflect an intent by any of the members to vote for or against        
this individual during any further proceedings.                                
                                                                               
                                                                               
HB 26                                                                        
The Transportation Committee has considered:                                   

1993-03-01                     House Journal                      Page 0476
HB 26                                                                        
HOUSE BILL NO. 26                                                             
"An Act relating to the control of outdoor advertising."                      
                                                                               
The report was signed by Representative Foster, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Foster, Hudson, Menard                                           
                                                                               
No recommendation (1):  Vezey                                                  
                                                                               
                                                                               
A letter of intent, signed by Representative Foster, Chair, appears            
below:                                                                         
                                                                               
House Transportation Committee                                                 
Letter of Intent                                                               
for                                                                            
HB 26                                                                          
                                                                               
"The House Transportation Committee respectfully requests the next             
committees of referral to consider the penalty sections included in this       
legislation.  The House Transportation Committee requests that                 
consideration should be given to the mergence of the penalty                   
provisions into one section.  The penalties suggested should not be less       
than $100 and should not exceed $2500, and provisions which provide            
for imprisonment in jail should be eliminated."                                
                                                                               
The following fiscal note applies to HB 26:                                    
                                                                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/1/93          
                                                                               
HB 26 was referred to the Community & Regional Affairs Committee.              
                                                                               
                                                                               
HB 64                                                                        
The Judiciary Committee has considered:                                        
                                                                               
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                 

1993-03-01                     House Journal                      Page 0477
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."                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 64(JUD)                                                 
"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; prohibiting the suspension of imposition of               
sentence of a person convicted of stalking; relating to the crime of           
assault in the third degree; extending the maximum period of                   
probation after conviction for a crime; and providing for an                   
effective date."                                                               
                                                                              
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Phillips, Nordlund, Kott                                 
                                                                               
A letter of intent, signed by Representative Porter, Chair, appears            
below:                                                                         
                                                                               
House Judiciary Committee                                                      
Letter of Intent                                                               
for                                                                            
HB 64                                                                          
                                                                               
"The House Judiciary Committee, in its review of HB 64, An Act                 
Creating the Crime of Stalking, discussed some issues that were not            
clear from the analysis in the fiscal note submitted by the Department         
of Corrections.  The Judiciary Committee respectfully urges the                
Finance Committee to ask the Department to clarify the expected fiscal         
impact of this bill (if any) on both probation and prison costs."              
                                                                               
The following fiscal notes applies to CSHB 64(JUD):                            
                                                                               

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HB 64                                                                        
Zero fiscal note, Dept. of Law, 3/1/93                                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
Zero fiscal note, Dept. of Corrections, 3/1/93                                 
                                                                               
HB 64 was referred to the Finance Committee.                                   
                                                                               
HB 65                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
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."           
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 65(L&C)                                                 
"An Act relating to licenses, certificates, and permits administered          
and fees charged by the Alcoholic Beverage Control Board, the                  
office of public advocacy, the Alaska Commission on                            
Postsecondary Education, the Department of Labor, the Alaska                   
Police Standards Council, the Department of Natural Resources,                 
and the Department of Environmental Conservation; relating to the              
administration of the state insurance catastrophe reserve account;             
authorizing the Department of Natural Resources to accept certain              
donations for parks and recreation; relating to fiscal reporting and           
accounting by the Department of Administration; and amending                   
Alaska Rule of Probate Procedure 16(d); and providing for an                   
effective date."                                                               
                                                                              
                                                                               
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Porter, Sitton, Green                                            
                                                                               
No recommendation (1):  Hudson                                                 
                                                                               
The following fiscal notes apply to CSHB 65(L&C):                              
                                                                               

1993-03-01                     House Journal                      Page 0479
HB 65                                                                        
Revenue fiscal note, Dept. of Public Safety, 3/1/93                            
Zero fiscal note, Dept. of Administration, 3/1/93                              
Fiscal notes (2), Dept. of Environmental Conservation, 1/15/93                 
Fiscal note, Dept. of Administration, 1/15/93                                  
Fiscal notes (2), Dept. of Public Safety, 1/15/93                              
Fiscal notes (3), Dept. of Labor, 1/15/93                                      
Fiscal notes (2), Dept. of Education, 1/15/93                                  
Fiscal note, Dept. of Natural Resources, 2/8/93                                
Fiscal notes (2), Department of Health & Social Services, 1/15/93              
Zero fiscal note, Dept. of Labor, 1/14/93                                      
Zero fiscal notes (3), Dept. of Administration, 1/15/93                        
Zero fiscal note, Dept. of Revenue, 1/15/93                                    
                                                                               
HB 65 was referred to the State Affairs Committee.                             
                                                                               
HB 69                                                                        
The Judiciary Committee has considered:                                        
                                                                               
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)."                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 69(JUD)                                                 
"An Act relating to registration of and information about sex                 
offenders and amending Alaska Rules of Criminal Procedure 11(c)                
and 32(b); and providing for an effective date."                               
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Phillips, Nordlund, Kott                                 
                                                                               
The following fiscal notes apply to CSHB 69(Jud):                              
                                                                               
Fiscal note, Dept. of Public Safety, 3/1/93                                    
Zero fiscal note, Dept. of Law, 2/8/93                                         
Zero fiscal note, Dept. of Corrections, 2/8/93                                 
                                                                               

1993-03-01                     House Journal                      Page 0480
HB 69                                                                        
HB 69 was referred to the Finance Committee.                                   
                                                                               
HB 117                                                                       
The Transportation has considered:                                             
                                                                               
HOUSE BILL NO. 117                                                            
"An Act naming the Manvil H. Olson Bridge."                                   
                                                                               
The report was signed by Representative Foster, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Mackie, Menard, Mulder, Foster, G.Davis                          
                                                                               
The following fiscal note applies to HB 117:                                   
                                                                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/1/93          
                                                                               
HB 117 was referred to the Finance Committee.                                  
                                                                               
HB 137                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 137                                                            
"An Act authorizing special medical parole for terminally ill                 
prisoners."                                                                    
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Vezey, Bunde, Toohey, Olberg, B.Davis, Brice                     
                                                                               
No recommendation (1):  Nicholia                                               
                                                                               
The following fiscal note applies to HB 137:                                   
                                                                               
Zero fiscal note, Dept. of Corrections, 3/1/93                                 
                                                                               
HB 137 was referred to the Judiciary Committee.                                
                                                                               
HB 147                                                                       
The Labor & Commerce Committee has considered:                                 

1993-03-01                     House Journal                      Page 0481
HB 147                                                                       
HOUSE BILL NO. 147                                                            
"An Act relating to the disclosure of information by an employer              
about the job performance of an employee or former employee."                  
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Porter, Mackie, Williams, Green, Hudson                          
                                                                               
The following fiscal notes apply to HB 147:                                    
                                                                               
Zero fiscal note, Dept. of Administration, 3/1/93                              
Zero fiscal note, Alaska Court System, 3/1/93                                  
Zero fiscal note, Dept. of Law, 3/1/93                                         
                                                                               
HB 147 was referred to the Judiciary Committee.                                
                                                                               
HB 152                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 152                                                            
"An Act relating to magistrate jurisdiction."                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 152 (STA)                                               
(same title)                                                                  
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott            
                                                                               
The following fiscal note applies to CSHB 152(STA):                            
                                                                               
Zero fiscal note, Alaska Court System, 3/1/93                                  
                                                                               
HB 152 was referred to the Judiciary Committee.                                
                                                                               
HB 153                                                                       
The State Affairs Committee has considered:                                    

1993-03-01                     House Journal                      Page 0482
HB 153                                                                       
HOUSE BILL NO. 153                                                            
"An Act related to sentencing."                                               
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Vezey, B.Davis, Olberg, G.Davis                                  
                                                                               
The following fiscal note applies to HB 153:                                   
                                                                               
Zero fiscal note, Alaska Court System, 3/1/93                                  
                                                                               
HB 153 was referred to the Judiciary Committee.                                
                                                                               
SB 30                                                                        
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 30                                                            
"An Act extending the termination date of the Alaska Minerals                 
Commission."                                                                   
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  MacLean, Larson, Foster, Therriault                              
                                                                               
No recommendation (2):  Brown, Navarre                                         
                                                                               
The following fiscal note applies to SB 30:                                    
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
2/10/93                                                                        
                                                                               
SB 30 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HJR 18                                                                       
The House Special Committee on Military & Veterans' Affairs has                
considered:                                                                    

1993-03-01                     House Journal                      Page 0483
HJR 18                                                                       
HOUSE JOINT RESOLUTION NO. 18                                                 
Relating to establishment of a fishing community at Adak.                     
                                                                               
The report was signed by Representatives Foster and Mulder, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (3):  Mulder, Foster, Willis                                           
                                                                               
No recommendation (1):  Navarre                                                
                                                                               
The following fiscal note applies to HJR 18:                                   
                                                                               
Zero fiscal note, Dept. of Military & Veterans Affairs, 3/1/93                 
                                                                               
HJR 18 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
HB 59                                                                        
The House Special Committee on Military & Veterans' Affairs has                
considered:                                                                    
                                                                               
HOUSE BILL NO. 59                                                             
"An Act making a special appropriation to the Department of                   
Natural Resources for refunds to certain veterans who purchased                
state land and for reimbursement to the University of Alaska for               
the veterans' land discount applied to land transferred to the                 
University of Alaska; and providing for an effective date."                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 59(MLV)                                                 
(same title)                                                                  
                                                                               
The report was signed by Representatives Foster and Mulder, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  Mulder, Willis, Foster, Navarre                                  
                                                                               
The following fiscal note applies to CSHB 59(MLV):                             
                                                                               

1993-03-01                     House Journal                      Page 0484
HB 59                                                                        
Zero fiscal note, Dept. of Natural Resources, 3/1/93                           
                                                                               
                                                                               
HB 59 was referred to the State Affairs Committee.                             
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
                                                                               
Honoring - Scott Davis and Bill Long, Winners of the Iron Dog Gold             
 Rush Classic                                                                  
By Representative G.Davis; Senator Little                                      
                                                                               
Honoring - Alaska Regional Hospital                                            
By Representative Hanley                                                       
                                                                               
Honoring - The Alaska PTA                                                      
By Representative B.Davis                                                      
                                                                               
In Memoriam - Edwin Edelman                                                    
By Representative Phillips                                                     
                                                                               
                                                                               
****The presence of Representative Therriault was noted.                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 11                                                                       
HOUSE CONCURRENT RESOLUTION NO. 11 by Representatives                          
B.Davis, Ulmer, Brown, Nicholia, Phillips, Grussendorf and Navarre:            
                                                                               
Designating the month of March as "Women's History Month."                    
                                                                               
was read the first time and referred to the State Affairs Committee.           

1993-03-01                     House Journal                      Page 0485
HCR 12                                                                       
HOUSE CONCURRENT RESOLUTION NO. 12 by Representative                           
Finkelstein:                                                                   
                                                                               
Relating to the use of natural gas as a motor vehicle fuel in                 
Alaska.                                                                        
                                                                               
was read the first time and referred to the House Special Committee            
on Oil and Gas, Resources, Transportation and Finance Committees.              
                                                                               
HJR 32                                                                       
HOUSE JOINT RESOLUTION NO. 32 by the House Rules                               
Committee by request of the Governor:                                          
                                                                               
Urging the federal government to recognize the dire water and                 
sanitation conditions in rural Alaska and to become a full partner             
with this state in improving this health-threatening situation.                
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
The following fiscal note applies to HJR 32:                                   
                                                                               
Zero fiscal note, Dept. of Environmental Conservation, 3/1/93                  
                                                                               
The Governor's transmittal letter, dated March 1, 1993, appears below:         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a resolution concerning the implementation of the                 
recommendation of the Alaska Sanitation Task Force.                            
                                                                               
The Alaska Sanitation Task Force was established by the Department             
of Environmental Conservation to examine the critical problems of              
inadequate water and sanitation facilities in rural Alaska and to provide      
recommendations for a comprehensive strategy for improving these               
conditions.                                                                    
                                                                               
The task force consisted of 27 representatives from federal, state,            
Native, and regional organizations.  Its findings established                  
dramatically that many villages in rural Alaska have inadequate water          

1993-03-01                     House Journal                      Page 0486
HJR 32                                                                       
and sewer facilities and that the lack of facilities has resulted in critical  
health and safety problems in rural Alaska.                                    
                                                                               
Solving these health and safety problems will not be easy.  The task           
force has provided a road map for their solution.  The solution, though,       
will require the coordinated efforts of state, local, and federal              
governments, along with Native organizations and other groups.                 
                                                                               
This resolution requests the assistance of the President of the United         
States in obtaining the cooperation of the appropriate federal agencies        
in addressing these important problems.  These federal agencies have           
responsibilities for assuring safe water and sanitation programs and           
facilities in rural Alaska.                                                    
                                                                               
The Department of Environmental Conservation has copies of the                 
Alaska Sanitation Task Force report available for your review.                 
                                                                               
I urge your support and prompt action on this important resolution.            
                                                                               
                                                                               
          Sincerely,                                                           
          /s/                                                                  
          Walter J. Hickel                                                     
          Governor"                                                            
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 186                                                                       
HOUSE BILL NO. 186 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to conspiracies to commit murder in the first                
degree, murder in the second degree, kidnapping, and certain drug              
offenses; and providing for an effective date."                                
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    

1993-03-01                     House Journal                      Page 0487
HB 186                                                                       
The following fiscal notes apply to HB 186:                                    
                                                                               
Fiscal note, Dept. of Corrections, 3/1/93                                      
Fiscal notes (2), Dept. of Administration, 3/1/93                              
Zero fiscal note, Dept. of Law, 3/1/93                                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
                                                                               
The Governor's transmittal letter, dated March 1, 1993, appears below:         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill creating the crime of conspiracy.  This law is             
tailored, however, to reach only a narrow range of intended crimes;            
namely, conspiracies to commit murder in the first degree, murder in           
the second degree, kidnapping, or a felony drug offense.                       
                                                                               
Conspiracy laws have provided a useful tool in the federal war on              
drugs and could prove effective in Alaska, as well.  If sufficient             
evidence of the conspiracy is obtained, charges may be filed and               
arrests made before the conspirators actually commit the underlying            
planned serious felony offense.                                                
                                                                               
                                                                               
The United States Supreme Court has noted that "a conspiracy poses             
distinct dangers quite apart from those of the substantive. . ." offense.      
Iannelli v. United States, 420 U.S. 770 (1975).  As it explained               
elsewhere, "concerted action both increases the likelihood that the            
criminal object will be successfully attained and decreases the                
probability that the individuals involved will depart from their path of       
criminality."  Callanan v. United States, 364 U.S. 587, 593-94 (1961).         
                                                                               
                                                                               
This bill requires that a conspirator commit an overt act in furtherance       
of the conspiracy.  This must be an act that manifests a purpose on the        
part of the actor that the underlying crime be completed.                      
                                                                               
This bill is one of four that I am introducing this session to create          
tough new laws to combat drugs and violent crime.  If enacted, these           
bills will give the state the tools it needs to prosecute serious criminals    
fairly and effectively.                                                        

1993-03-01                     House Journal                      Page 0488
HB 186                                                                       
I urge your favorable action on this bill.                                     
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"                                                                  
                                                                               
                                                                               
HB 187                                                                       
HOUSE BILL NO. 187 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act authorizing the interception of private communications                
related to the commission of certain criminal offenses; making                 
related amendments to statutes relating to eavesdropping and                   
wiretapping; relating to the penalty for violation of statutes relating        
to eavesdropping and unauthorized interception, publication, or use            
of private communications; and providing for an effective date."               
                                                                               
was read the first time and referred to the Labor & Commerce,                  
Judiciary and Finance Committees.                                              
                                                                               
The following fiscal notes apply to HB 187:                                    
                                                                               
Zero fiscal note, Dept. of Administration, 3/1/93                              
Indeterminate fiscal note, Dept. of Administration, 3/1/93                     
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
Zero fiscal note, Dept. of Law, 3/1/93                                         
                                                                               
                                                                               
The Governor's transmittal letter, dated March 1, 1993, appears below:         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill authorizing the interception of private                    
communications.                                                                
                                                                               
Section 1 creates a new chapter in the criminal code relating to               
"interception of private communications," more commonly thought of             
as "wiretapping."  Sections 2 - 8 of this bill make conforming                 

1993-03-01                     House Journal                      Page 0489
HB 187                                                                       
amendments to existing eavesdropping statutes in AS42 (Public                  
Utilities and Carriers) and increase the penalty for a violation of those      
statutes.  The bill contains substantial safeguards and protections            
similar to those required in federal law.                                      
                                                                               
Comprehensive federal legislation has been enacted (18 U.S.C. 2510 -           
 2521), authorizing wiretapping under carefully delineated                     
circumstances.  Under the federal law, states may adopt similar laws           
only if, like this bill, they are at least as restrictive and protective of    
private communications as the federal law.                                     
                                                                               
Under this bill, wiretapping is permitted only if a court order is             
obtained in advance, and only the attorney general or the attorney             
general's designee may authorize an application for the order.  This           
bill limits the crimes for which wiretapping may be used to murder,            
kidnapping, and class A or unclassified felony drug offenses.                  
                                                                               
Careful records must be kept during the interceptions, which must be           
filed with and held by the court under seal.  Notice of the interception       
must be given in almost all circumstances and a defendant always has           
the right to move to suppress the evidence for any violation of the law,       
before it is used at trial or sentencing.  Finally, annual reports,            
providing information about each interception made during the year,            
must be prepared by the attorney general and filed with the federal            
government.                                                                    
                                                                               
This bill is one of four that I am introducing this session to create          
tough new laws to combat drugs and violent crime.  If enacted, these           
bills will give the state the tools it needs to investigate and prosecute      
serious criminals fairly and effectively.                                      
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"                                                                  
                                                                               
HB 188                                                                       
HOUSE BILL NO. 188 by the House Rules Committee by request of                  
the Governor, entitled:                                                        

1993-03-01                     House Journal                      Page 0490
HB 188                                                                       
"An Act relating to forfeiture of certain property; and providing             
for an effective date."                                                        
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply to HB 188:                                    
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/1/93                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
Zero fiscal note, Dept. of Law, 3/1/93                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill amending the states asset forfeiture laws to make          
them more effective.  Many of these changes are found in the Model             
Asset Seizure and Forfeiture Act (1991), prepared by the American              
Prosecutor's Research Institute.  This bill                                    
                                                                               
 --  permits forfeiture of real property, including buildings;                 
                                                                               
 --  permits tracing of drug money to allow forfeiture of any                  
property purchased with that money;                                            
                                                                               
 --  permits forfeiture of all dangerous instruments used by a drug            
dealer, while existing law requires forfeiture only of firearms;               
                                                                               
 --  permits the sharing of forfeited assets between municipal police          
departments and the state;                                                     
                                                                               
 --  requires the costs of the forfeiture proceedings to be paid by the        
drug dealer;                                                                   
                                                                               
 --  allows the court to forfeit other assets of the drug dealer if the        
property to be forfeited is commingled with other property, has been           
removed from the jurisdiction, or has been destroyed by the drug               
dealer;                                                                        
                                                                               
 --  gives the state a perfected priority lien on the forfeited                
property, and thus avoids the pitfalls of Fehir v. State, 739 P.2d 785         

1993-03-01                     House Journal                      Page 0491
HB 188                                                                       
(Alaska App. 1987), which permits unsecured creditors to claim                 
forfeited property; and                                                        
                                                                               
 --  resolves some of the procedural ambiguities in existing                   
forfeiture law noted in Badoino v. State, 785 P.2d 39 (Alaska App.             
1990).                                                                         
                                                                               
This bill is one of four that I am introducing this session to create          
tough new laws to combat drugs and violent crime.  If enacted, these           
bills will give the state the tools it needs to prosecute serious criminals    
fairly and effectively.                                                        
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"                                                                  
                                                                               
                                                                               
HB 189                                                                       
HOUSE BILL NO. 189 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the charging, prosecuting, and sentencing of              
certain minors concerning offenses of murder in the first degree,              
attempted murder in the first degree, murder in the second degree,             
and certain other offenses; and providing for an effective date."              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply to HB 189:                                    
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/1/93                         
Zero fiscal note, Dept. of Corrections, 3/1/93                                 
Zero fiscal note, Dept. of Health & Social Services, 3/1/93                    
Zero fiscal note, Dept. of Law, 3/1/93                                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
                                                                               
The Governor's transmittal letter, dated March 1, 1993, appears below:         

1993-03-01                     House Journal                      Page 0492
HB 189                                                                       
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that amends existing law to provide that a 16- or 17-      
year-old arraigned on a charge of murder in the first degree, attempted        
murder in the first degree, or murder in the second degree is                  
automatically prosecuted in "adult" court and, if convicted, is                
sentenced as an "adult."                                                       
                                                                               
Under present law, 16- and 17-year-olds are generally "prosecuted" in          
juvenile court and, if adjudicated as delinquent, may be placed in             
rehabilitation programs only until the minor's 20th birthday.  A minor         
may be tried as an adult only if the court finds probable cause to             
believe that the minor is delinquent and that the minor is not                 
amendable to treatment through the juvenile system.  The court must            
base its findings on whether the minor "probably cannot be                     
rehabilitated . . . before reaching 20 years of age."  AS47.10.060(d).         
In making this decision, existing statutes allow the court to consider         
the seriousness of the offense the minor is alleged to have committed,         
the minor's history of delinquency, the probable cause of the minor's          
delinquent behavior, and the facilities available for treating the minor.      
AS47.10.060(d).                                                                
                                                                               
Under existing law, it is often difficult for prosecutors to demonstrate       
to the court's satisfaction that the statutory requirements have been          
met, even though the minor is accused of murder in the first or second         
degree or attempted murder in the first degree.  This showing is               
especially difficult to make for first offenders, who do not have a            
pattern of convictions and unsuccessful rehabilitation in the juvenile         
system to demonstrate to the court.                                            
                                                                               
This bill would remedy this situation by, in essence, automatically            
waiving a 16- or 17-year-old accused of these serious offenses into            
"adult"  court.  In "adult" court, the minor would have the same               
constitutional rights and protections given to an adult accused of the         
same offense.                                                                  
                                                                               
                                                                               
This bill would also allow the court to sentence a minor offender, if          
convicted of one of these serious crimes in adult court, to incarceration      
beyond the minor's 20th birthday.                                              

1993-03-01                     House Journal                      Page 0493
HB 189                                                                       
This bill has been recommended by law enforcement officers in the              
state as an appropriate method for prosecuting serious juvenile                
offenders and providing greater protection to the public.                      
                                                                               
I urge your favorable action on this important bill.                           
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"                                                                  
                                                                               
                                                                               
HB 190                                                                       
HOUSE BILL NO. 190 by Representative Martin, entitled:                         
                                                                               
"An Act relating to grants awarded by the Alaska Science and                  
Technology Foundation."                                                        
                                                                               
was read the first time and referred to the Labor & Commerce and               
Health, Education & Social Services Committee.                                 
                                                                               
                                                                               
                     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 - James E. Fisher, Rural Pro Bono Publico Attorney of 1992            
By Representatives Navarre, Brice, Brown, B.Davis, G.Davis,                    
Finkelstein, Hudson, Mackie, MacLean, Menard, Nicholia, Nordlund,              
Parnell, Ulmer, Willis; Senator Salo                                           
                                                                               
                                                                               
Honoring - Richard Ross, Chief of Police, City of Kenai                        
By Representatives Navarre, Barnes, B.Davis, G.Davis, Hanley,                  
Mackie, Menard, Phillips, Porter, Toohey, Ulmer, Willis; Senator Salo          

1993-03-01                     House Journal                      Page 0494
Celebrating - The Accomplishments of the Nikiski Girls Basketball              
 Team                                                                          
By Representatives Navarre, B.Davis, G.Davis, Green, Hanley, Mackie,           
MacLean, Menard, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis;           
Senator Salo                                                                   
                                                                               
                                                                               
Honoring - Kivalina Qavviks Girls Basketball Team                              
By Senator Adams; Representatives MacLean, B.Davis, G.Davis,                   
Foster, Green, Hanley, Hoffman, Mackie, Menard, Navarre, Nicholia,             
Parnell, Ulmer, Willis                                                         
                                                                               
                                                                               
Honoring - Carol Feller Brady                                                  
By Senator Taylor; Representatives Grussendorf, Mackie, Williams,              
Nicholia, Ulmer                                                                
                                                                               
                                                                               
In Memoriam - James B. Carrithers                                              
By Representatives Hudson, Ulmer, Mackie, Menard, Sitton; Senator              
Duncan                                                                         
                                                                               
                                                                               
In Memoriam - Grace E. Swanberg Edman                                          
By Representatives Foster, Hoffman, Mackie, Menard, Mulder,                    
Nicholia, Phillips; Senator Adams                                              
                                                                               
In Memoriam - David "M-O" Olson                                                
By Representatives Foster, Mackie, MacLean, Menard, Mulder,                    
Phillips; Senator Adams                                                        
                                                                               
In Memoriam - Clarence Ongtowasruk                                             
By Representatives Foster, MacLean, Mackie, Menard, Nicholia;                  
Senator Adams                                                                  
                                                                               
In Memoriam - Brigadier General Robert W. Steele                               
By Representatives Foster, Green, Hoffman, Mackie, MacLean,                    
Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Vezey,             
Willis; Senator Adams                                                          
                                                                               
In Memoriam - Rune C. Appelo                                                   
By Senator Leman; Representatives Foster, Hanley, Mackie, Parnell              

1993-03-01                     House Journal                      Page 0495
                             UNFINISHED BUSINESS                             
                                                                               
HJR 29                                                                       
Representative MacLean added her name as cosponsor to:                         
                                                                               
HOUSE JOINT RESOLUTION NO. 29                                                 
Requesting the Congress of the United States to pass legislation to           
permit the export of Alaska crude oil.                                         
                                                                               
HB 26                                                                        
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 26                                                             
"An Act relating to the control of outdoor advertising."                      
                                                                               
HB 117                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 117                                                            
"An Act naming the Manvil H. Olson Bridge."                                   
                                                                               
HB 162                                                                       
Representative Vezey added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 162                                                            
"An Act authorizing capital punishment, classifying murder in the             
first degree as a capital felony, and establishing sentencing                  
procedures for capital felonies; authorizing an advisory vote on               
instituting capital punishment; amending Alaska Rules of Criminal              
Procedure 32, 32.1, and 32.3 and Alaska Rules of Appellate                     
Procedure 204, 209, 210, and 212; and providing for an effective               
date."                                                                         
                                                                               
HB 185                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 185                                                            
"An Act establishing credits for purchasers of state royalty oil for          
expenditures made by those purchasers on qualifying capital                    
investments to be applied against liquidated purchase arrearages               
established in contracts, settlements, or final judgments; and                 
providing for an effective date."                                              

1993-03-01                     House Journal                      Page 0496
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
House Special Committee on Oil and Gas                                         
HB 95 (POSTPONED)                                       5:00 p.m., 3/1         
                                                                               
Finance Subcommittee on Transportation                                         
CANCELED                                                3:30 p.m., 3/1         
                                                                               
                                                                               
Joint Session:  Address by                                                     
Alaska Chief Justice Moore                             11:00 a.m., 3/2         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., March 2, 1993.  There being no                 
objection, the House adjourned at 11:32 a.m.                                   
                                                                               
           J.C. Shine                                                          
           Chief Clerk