Legislature(1993 - 1994)
1994-01-26 House Journal
Full Journal pdf1994-01-26 House Journal Page 2145 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday January 26, 1994 Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:08 a.m. Roll call showed 33 members present. Representatives James and MacLean had been previously excused from a call of the House today. Representatives Finkelstein, Hanley, Moses and Therriault were absent. Representative Phillips moved and asked unanimous consent that Representative Nicholia be excused from a call of the House from today to 10:00 p.m., plane time, January 30, 1994. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Kim Poole of the Douglas Community United Methodist Church. Representative Menard moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "God of Truth and Wisdom, Grant us this day the ability to see through Your eyes that we may see the direction we should be moving. Each one of us has many tasks to do, people to see, phone calls to return. Slow us down through this day and show us the way that will lead to goodness and kindness and peace. And if at times the lists of things to accomplish overwhelm us or threaten to gain control over our lives, remind us why You have entrusted us to do this work. Give us strength and courage, wisdom and compassion that will enable us to do our work faithfully, and give us new vision today that leads us forward with joy and hope for tomorrow. Amen." 1 1994-01-26 House Journal Page 2146 The Pledge of Allegiance was led by Representative Menard. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journals for the 15th and 16th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Commerce & Economic Development Alaska Industrial Development and Export Authority Alaska Energy Authority Annual Capital Project Status Reports (as required by AS 44.83.950(b)) The following reports are on file in the Chief Clerk's office and a copy was distributed to each member: Division of Legislative Audit Legislative Budget and Audit Committee Sunset Audit Reports availability list Division of Legislative Audit Legislative Budget and Audit Committee Special Audit Reports (as required by AS 24.20.311) Dept. of Health & Social Services Division of Mental Health and Developmental Disabilities Alaska Psychiatric Institute August 10, 1993 Dept. of Transportation & Public Facilities Central Region Maintenance and Operations 1992 Glenn Highway Repaving Project September 7, 1993 1994-01-26 House Journal Page 2147 Dept. of Education Alaska 2000 and Selected Reorganization Issues September 15, 1993 Dept. of Commerce & Economic Development Board of Nursing Home Administrators September 30, 1993 Board of Pharmacy October 26, 1993 Board of Certified Direct-Entry Midwives October 29, 1993 Big Game Commercial Services Board October 8, 1993 Dept. of Environmental Conservation Hazardous Waste Management Program October 15, 1993 Alaska Student Loan Corporation Organizational and Operational Efficiency and Alternatives October 28, 1993 The Speaker referred the Monetary Terms of the Collective Bargaining Agreements, which were received January 18, 1994 (p. 2095), to the Finance Committee. The Speaker referred the Local Boundary Commission 1993 Annual Report, which was received January 19, 1994 (p. 2106), to the Community & Regional Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES HJR 49 The Resources Committee has considered: 1994-01-26 House Journal Page 2148 HJR 49 HOUSE JOINT RESOLUTION NO. 49 Requesting the United States Department of the Interior to clarify regulations being proposed under the Oil Pollution Act of 1990 relating to evidence of financial responsibility that must be shown by offshore facilities. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Requesting the United States Department of the Interior to adopt regulations that give a narrow interpretation to certain definitions under the Oil Pollution Act of 1990 relating to evidence of financial responsibility that must be shown by offshore facilities. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Carney, Green, Mulder, Bunde, Williams No recommendation (2): Finkelstein, Davies The following fiscal note applies to CSHJR 49(RES): Zero fiscal note, Dept. of Environmental Conservation, 1/26/94 HJR 49 was referred to the Rules Committee for placement on the calendar. HB 18 The Finance Committee has considered: HOUSE BILL NO. 18 "An Act relating to police protection service areas in municipalities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 18(CRA) (same title) 1994-01-26 House Journal Page 2149 HB 18 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following recommendations: Do pass (1): Brown Do not pass (3): MacLean, Grussendorf, Navarre No recommendation (6): Larson, Hanley, Martin, Parnell, Hoffman, Therriault The following fiscal note applies to CSHB 18(CRA): Fiscal note, Dept. of Public Safety, 1/26/94 HB 18 was referred to the Rules Committee for placement on the calendar. HB 28 The Finance Committee submitted a corrected fiscal note by the Dept. of Revenue which was published January 24, 1994, for the following: CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." HB 28 is on today's calendar. HB 75 The Judiciary Committee has considered: HOUSE BILL NO. 75 "An Act relating to qualifications for permanent fund dividends; and providing for an effective date." and recommends it be replaced with: 1994-01-26 House Journal Page 2150 HB 75 CS FOR HOUSE BILL NO. 75(JUD) "An Act relating to the permanent fund dividend program; and providing for an effective date." The report was signed by Representative James, Vice Chair, with the following individual recommendations: Do pass (2): James, Nordlund No recommendation (2): Davidson, Phillips Amend (2): Kott, Green The following fiscal note applies to CSHB 75(JUD): Zero fiscal note, Dept. of Revenue, 1/26/94 HB 75 was referred to the Finance Committee. HB 255 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 255 "An Act relating to application of the Public Employment Relations Act to municipalities and other political subdivisions." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (2): Toohey, Olberg Do not pass (3): Willis, Williams, Davies No recommendation (2): Sanders, Bunde The following fiscal note applies to SSHB 255: Zero fiscal note, Dept. of Community & Regional Affairs, 1/26/94 SSHB 255 was referred to the State Affairs Committee. 1994-01-26 House Journal Page 2151 HB 266 The Labor & Commerce has considered: HOUSE BILL NO. 266 "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 266(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Hudson, Sitton, Mulder No recommendation (4): Mackie, Porter, Green, Williams The following fiscal note applies to CSHB 266(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 1/26/94 HB 266 was referred to the Resources Committee. REPORTS OF SPECIAL COMMITTEES HB 384 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 384 "An Act eliminating the temporary character of alternative procedures available to persons who must show evidence of financial responsibility before conducting noncrude oil operations; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: 1994-01-26 House Journal Page 2152 HB 384 Do pass (6): G.Davis, Olberg, Kott, Sanders, Sitton, Green The following fiscal note applies to HB 384: Zero fiscal note, Dept. of Environmental Conservation, 1/26/94 HB 384 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lawrence Colbert By Representative B.Davis Honoring - "This is National Native News, I'm Gary Fife" By Representative Hoffman Honoring - 1993 Red Ribbon Poster Contest Winners By Representative Mulder Honoring - Berthele Elisen By Representatives Ulmer, Hudson; Senator Duncan Honoring - Tara MacLean By Representative Mackie; Senator Adams Honoring - Marjorie Young By Senator Zharoff; Representative Mackie Honoring - The Fairbanks Youth Center By Senators Sharp, Frank, Miller; Representatives Sitton, Vezey, James, Brice, Davies Honoring - Shirley Mauldin By Senators Phillips, Halford; Representatives Kott, Carney, Willis, Mulder 1994-01-26 House Journal Page 2153 Honoring - Benevolent and Protective Order of Elks Lodge #2682 By Senators Phillips, Halford; Representatives Kott, Carney, Willis, Mulder In Memoriam - Ray Kvalheim By Representatives Larson, Carney, Menard; Senators Kerttula, Halford In Memoriam - Joseph F. Janke By Senators Phillips, Halford; Representatives Kott, Carney, Willis, Mulder INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 396 HOUSE BILL NO. 396 by Representative Green, entitled: "An Act relating to electrical worker safety." was read the first time and referred to the Labor & Commerce Committee. HB 397 HOUSE BILL NO. 397 by Representative Olberg, entitled: "An Act relating to the power to levy property taxes in second class cities." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 398 HOUSE BILL NO. 398 by Representative Olberg, entitled: "An Act relating to rights in certain tide and submerged land." 1994-01-26 House Journal Page 2154 HB 398 was read the first time and referred to the Community & Regional Affairs and Resources Committees. HB 399 HOUSE BILL NO. 399 by Representative Brice, entitled: "An Act amending schedule IIA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 400 HOUSE BILL NO. 400 by Representative Green, entitled: "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." was read the first time and referred to the State Affairs and Finance Committees. HB 401 HOUSE BILL NO. 401 by the House Special Committee on Oil and Gas, entitled: "An Act establishing a procedure for review of proposed projects under the Alaska coastal management program, and relating to petitions for compliance with and enforcement of district coastal management programs under that program and to the disposition of those petitions." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources Committee. 1994-01-26 House Journal Page 2155 HB 402 HOUSE BILL NO. 402 by the House Labor & Commerce Committee, entitled: "An Act requiring that an owner's motor vehicle liability insurance policy used as proof of financial responsibility designate by description or appropriate reference the motor vehicles it covers; and providing for an effective date." was read the first time and referred to the State Affairs Committee. HB 403 HOUSE BILL NO. 403 by the House Labor & Commerce Committee, entitled: "An Act requiring that automobile liability insurance include coverage for uninsured or underinsured motor vehicles and an offer of policy limits for that coverage equal to coverage voluntarily purchased for bodily injury or death; and providing for an effective date." was read the first time and referred to the Labor & Commerce and State Affairs Committees. HB 404 HOUSE BILL NO. 404 by Representatives Hoffman, Foster and Williams, entitled: "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law and the original claim for an allotment described land that is now within, or managed as a unit of, the state park system." was read the first time and referred to the State Affairs and Resources Committees. HB 405 HOUSE BILL NO. 405 by Representatives Kott, Hudson, Brown, Hoffman, Davies and Green, entitled: 1994-01-26 House Journal Page 2156 HB 405 "An Act establishing and relating to the Alaska Information Network Corporation; relating to the Telecommunications Information Council; and relating to the state's information industry; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. **The presence of Representatives Finkelstein, Hanley and Therriault was noted. ANNOUNCEMENTS The Speaker stated that the House would recess until 5:00 p.m. There being no objection, the House recessed at 10:30 a.m. AFTER RECESS The Speaker called the House back to order at 5:08 p.m. and stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HJR 22 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 22 Proposing amendments to the Constitution of the State of Alaska relating to membership of the legislature. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (1): Olberg No recommendation (4): Sanders, G.Davis, B.Davis, Vezey 1994-01-26 House Journal Page 2157 HJR 22 Amend (1): Kott The following fiscal notes apply to HJR 22: Fiscal notes (2), Office of the Governor, 1/26/94 Fiscal note, Legislative Affairs Agency, 1/26/94 HJR 22 was referred to the Judiciary Committee. HB 277 The State Affairs Committee has considered: HOUSE BILL NO. 277 "An Act relating to public employers defending and indemnifying public employees with respect to claims arising out of conduct that is within the scope of employment." and recommends it be replaced with: CS FOR HOUSE BILL NO. 277(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, B.Davis, Ulmer No recommendation (3): Olberg, Vezey, Sanders The following fiscal notes apply to CSHB 277(STA): Zero fiscal notes (2), Dept. of Administration, 1/26/94 HB 277 was referred to the Judiciary Committee. 1994-01-26 House Journal Page 2158 SB 19 The Finance Committee has considered: CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy." and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 19(FIN) (same title) The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (6): Larson, Hanley, Therriault, Parnell, Grussendorf, Martin No recommendation (1): Navarre Amend (1): Brown The following fiscal notes apply to HCS CSSB 19(FIN): Fiscal notes (2), Dept. of Administration, 1/26/94 Fiscal note, Dept. of Corrections, 1/26/94 Fiscal note, Alaska Court System, 1/26/94 Zero fiscal note, Dept. of Law, 1/26/94 Zero fiscal note, Dept. of Public Safety, 1/26/94 CSSB 19(FIN) am was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR HB 28 The following, which was on today's calendar, was not taken up and was returned to the Rules Committee: HOUSE BILL NO. 28 "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." 1994-01-26 House Journal Page 2159 HB 195 The following, which was on today's calendar, was not taken up and was returned to the Rules Committee: HOUSE BILL NO. 195 "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court." UNFINISHED BUSINESS HCR 25 Representative B.Davis added her name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 25 Relating to a state materials exchange. HCR 28 Representative Hanley added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. HJR 52 Representative Hanley added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 52 Urging the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. 1994-01-26 House Journal Page 2160 HB 349 Representative Sanders added his name as cosponsor to: HOUSE BILL NO. 349 "An Act providing for the civil commitment of sexually violent predators." HB 384 Representative Green added his name as cosponsor to: HOUSE BILL NO. 384 "An Act eliminating the temporary character of alternative procedures available to persons who must show evidence of financial responsibility before conducting noncrude oil operations; and providing for an effective date." ENROLLMENT HJR 28 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., January 24, 1994: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Friday printed schedule. Joint Majority & Minority Caucus Speaker's Chamber 10:00 a.m., 1/27 1994-01-26 House Journal Page 2161 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 5:00 p.m., January 27, 1994. There being no objection, the House adjourned at 5:14 p.m. Suzi Lowell Chief Clerk