Legislature(1993 - 1994)
1994-02-02 House Journal
Full Journal pdf1994-02-02 House Journal Page 2211 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 2, 1994 Twenty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:35 a.m. Roll call showed 32 members present. Representative Nicholia had been previously excused from a call of the House today and Representatives Davidson, Hoffman, MacLean, Menard, Sanders and Williams had been previously excused from a call of the House until later plane time due to weather conditions. Representative Moses was absent. Representative Mackie introduced the Chaplain of the Day, Stella Martin, whose Tlingit name is Yaan-Da-Yane. She is a member of the Juneau Salvation Army. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our most gracious heavenly Father, Lord Jesus we look to You today for guidance, for love, for understanding and for peace in our hearts. Lord, we know these gifts come from You. We know that they are ours to claim if we would but reach out. We look up to You, each member of the Legislature. You know us by name. You know each of us. You know our needs. You know our wants. But today Lord, we're looking to You for guidance and for leadership qualities in each member here. We know that they belong to You and for this, Lord, we are thankful. We are thankful that we can look to You daily for guidance. We are thankful for all that You do for us. We are thankful to You for being our Father and our Friend. We are thankful that we 1 1994-02-02 House Journal Page 2212 can talk to You and tell You all that troubles us. But more, we also want to share our joys with You - those things that bring joy into our lives - those things that bring understanding. We thank You for our families and our friends. We thank You for these, Your servants who are here today to give of their best for You. And more, we just pray for wisdom and understanding for them as they lead the people of Alaska. As they are representing each of us in Alaska, we pray that they would look to You for guidance and that they would start each day with You. And for this we are thankful and that they might also end each day with You. We are thankful for these who set aside their time for You. It isn't always an easy task we know, but we know we can come to You. And as we make decisions that affect all of us, we just pray that the wisdom would come from You. And Lord, today we lean on Your strength because we don't have any ourselves. The strength that only You can provide - the peace of heart, mind and soul that You can provide. Thank You Lord, for listening to our petitions today. These things we ask in the name of Your Son, Jesus. Amen." The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 22nd and 23rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 1, 1994, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 13 CS FOR SENATE JOINT RESOLUTION NO. 13(RLS) by the Senate Rules Committee: 1994-02-02 House Journal Page 2213 SJR 13 Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil. was read the first time and referred to the House Special Committee on Oil and Gas and the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 135 CS FOR SENATE BILL NO. 135(FIN) by the Senate Finance Committee: "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right -of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." was read the first time and referred to the Transportation, State Affairs and Finance Committees. COMMUNICATIONS Letters dated January 31 and February 1, 1994, were received from John B. Coghill, Lieutenant Governor of Alaska, stating he has certified that the following petitions were properly filed: "An Act providing for a New Capital for the State of Alaska" "An Act prohibiting the State from providing ballot listings for current or former incumbent members of Congress seeking to hold office in Congress longer than the limits in this Act" 1994-02-02 House Journal Page 2214 He stated that with the assistance of the Attorney General, a ballot title and proposition in accordance with AS 15.45.180 would be prepared. The letters are on file in the Chief Clerk's office. REPORTS OF STANDING COMMITTEES HB 315 The Judiciary Committee has considered: HOUSE BILL NO. 315 "An Act relating to the unauthorized use of or unauthorized interference with transmission and delivery of subscription cable services; and amending the definition of the offense of theft of services and the penalties for its violation." and recommends it be replaced with: CS for HOUSE BILL NO. 315(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, Green, Phillips, Porter No recommendation (2): Nordlund, Davidson The following fiscal notes apply to CSHB 315(JUD): Zero fiscal note (2), Dept. of Administration, 2/2/94 HB 315 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HJR 50 The House Special Committee on Fisheries has considered: 1994-02-02 House Journal Page 2215 HJR 50 HOUSE JOINT RESOLUTION NO. 50 Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (3): Olberg, Moses, Phillips The following fiscal note applies to HJR 50: Zero fiscal note, House Special Committee on Fisheries, 2/2/94 HJR 50 was referred to the Resources Committee. SB 151 The House Special Committee on Oil and Gas has considered: SENATE BILL NO. 151 "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." The committee adopted the following amendment: Page 2, line 14, after "July 1,": Delete "2003" Insert "2004" The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Kott, G.Davis, Green No recommendation (2): Sitton, Olberg The following fiscal note applies to SB 151: Zero fiscal note, Dept. of Natural Resources, 2/2/94 1994-02-02 House Journal Page 2216 SB 151 The committee recommended that SB 151 be referred to the Judiciary Committee. The Speaker added a Judiciary Committee referral to follow the Resources Committee referral. SB 151 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 - The UAA Production Company of "The Death of Von Richtofen as Witnessed from Earth" By Representative Hanley Honoring - Ted Vadman on his Retirement By Representatives Hudson, Ulmer; Senator Duncan Honoring - Patti Hyslop, 1993 Barbara Bailey Prevention Award By Senator Leman; Representative Nicholia Honoring - Lynda Adams, 1993 Prevention Award By Senators Leman, Taylor Honoring - Margarita Ares, 1993 Prevention Award By Senators Leman, Sharp, Frank; Representative Vezey In Memoriam - Alfred O. Ose By Senator Kerttula; and, In Memoriam - Larrae Rocheleau By Representative Grussendorf; Senator Taylor which was taken up later as a Special Order of Business. 1994-02-02 House Journal Page 2217 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HSCR 3 HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 by Representatives Phillips, Vezey, G.Davis, Barnes, Brice, Sitton and Mulder: Disapproving Executive Order No. 89. was read the first time and referred to the Rules Committee. HCR 30 HOUSE CONCURRENT RESOLUTION NO. 30 by Representative Phillips, Ulmer, Grussendorf and Navarre: Relating to the twenty-sixth annual Girls' State. was referred to the State Affairs Committee. HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 by Representatives Nicholia, Ulmer, Brice, Brown, Bunde, Davidson, B.Davis, G.Davis, Hoffman, James, Kott, Larson, Menard, Navarre, Nordlund, Olberg, Parnell, Sitton, Toohey and Williams: Relating to Alcohol-Related Birth Defects Awareness Week. was referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 346 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 346 by Representatives Ulmer and B.Davis, entitled: 1994-02-02 House Journal Page 2218 HB 346 "An Act amending the Alaska Election Code and the Alaska Uniform Vehicle Code to conform them to the requirements of the `National Voter Registration Act of 1993,' federal legislation requiring the states to alter their voter registration and election practices as they may relate to elections to federal office, and making related amendments; relating to public and confidential records of agencies operating under the Alaska Election Code; and directing appropriate state officials to initiate administrative preclearance review or to seek judicial approval of the amendments made by this Act as required by relevant provisions of the Voting Rights Act of 1965; and providing for an effective date." was referred to the State Affairs, Judiciary and Finance Committees. HB 397 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 by Representative Olberg, entitled: "An Act relating to the power to levy property taxes in second class cities and to combining a property tax and incorporation question." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 423 HOUSE BILL NO. 423 by the House Labor & Commerce Committee by request, entitled: "An Act relating to regulation of occupations; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Health, Education & Social Services and Judiciary Committees. 1994-02-02 House Journal Page 2219 HB 424 HOUSE BILL NO. 424 by Representative Green, entitled: "An Act amending the Commercial Fishing Loan Act to increase the maximum amount of certain authorized loans and to remove certain barriers to eligibility for subsequent loans by borrowers who have previously obtained loans under that loan program." was read the first time and referred to House Special Committee on Fisheries and the Labor & Commerce, State Affairs and Finance Committees. HB 425 HOUSE BILL NO. 425 by Representative Phillips, entitled: "An Act relating to hunting license and tag fees for citizens of Canada and Mexico; relating to nonresident and nonresident alien hunting, trapping, sport fishing, and other licenses, tags, and permits; relating to guide requirements for nonresident and nonresident alien hunters; and providing for an effective date." was read the first time and referred to the House Special Committee on International Trade & Tourism and the Resources, Judiciary and Finance Committees. HB 426 HOUSE BILL NO. 426 by Representative Bunde, entitled: "An Act establishing the Chickaloon Flats Critical Habitat Area." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources and Finance Committees. HB 427 HOUSE BILL NO. 427 by the House Community & Regional Affairs Committee by request, entitled: 1994-02-02 House Journal Page 2220 HB 427 "An Act relating to compensation for members of the Local Boundary Commission." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 428 HOUSE BILL NO. 428 by the House Special Committee on Oil and Gas, entitled: "An Act relating to evidence of financial responsibility provided by persons who conduct oil operations; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 429 HOUSE BILL NO. 429 by Representative James, entitled: "An Act relating to the special education service agency." was read the first time and referred to the Health, Education & Social Services Committee. HB 430 HOUSE BILL NO. 430 by Representatives Green and Foster, entitled: "An Act requiring certain applicants for a driver's license to take a driver training course." was read the first time and referred to the State Affairs and Finance Committees. 1994-02-02 House Journal Page 2221 HB 431 HOUSE BILL NO. 431 by Representative Kott, entitled: "An Act relating to the payment of aid to families with dependent children in the case of pregnant minors and minors who are parents." was referred to the Health, Education & Social Services and Finance Committees. HB 432 HOUSE BILL NO. 432 by Representative B.Davis, entitled: "An Act establishing a cause of action for damages for failure to exercise visitation rights with a child." was referred to the Health, Education & Social Services and Judiciary Committees. HB 433 HOUSE BILL NO. 433 by Representative B.Davis, entitled: "An Act directing the Department of Health and Social Services, the Department of Law, and the Department of Public Safety to establish a pilot program to coordinate investigations of sexual abuse and serious physical abuse of children." was referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 434 HOUSE BILL NO. 434 by Representatives Davies, Grussendorf and Brown, entitled: "An Act relating to the possession of deadly weapons or defensive weapons on school grounds or adjacent parking lots." 1994-02-02 House Journal Page 2222 HB 434 was referred to the Health, Education & Social Services and Judiciary Committees. HB 435 HOUSE BILL NO. 435 by Representative Davies, entitled: "An Act establishing a grant program to encourage parent involvement in public school education." was referred to the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 18 The following was read the second time: HOUSE BILL NO. 18 "An Act relating to police protection service areas in municipalities." with the: Journal Page CRA RPT CS(CRA) 2DP 2DNP 3NR 727 -FISCAL NOTE (DPS) 3/22/93 727 JUD RPT CS(CRA) 3DNP 4NR 1059 -PREVIOUS FN (DPS) 3/22/93 1059 FIN RPT CS(CRA) 1DP 3DNP 6 NR 2148 -FISCAL NOTE (DPS) 1/26/94 2149 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 18(CRA) (same title) Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. 1994-02-02 House Journal Page 2223 HB 18 Amendment No. 1 was offered by Representative Finkelstein: Page 1, line 1, delete all material and insert: "`An Act relating to service areas in unified municipalities to provide police protection and law enforcement services; and providing for an effective date.' BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: (53) AS29.35.495 (police protection service areas). * Sec. 2. AS 29.35 is amended by adding a new section to article 7 to read: Sec. 29.35.495. POLICE PROTECTION SERVICE AREAS. (a) Notwithstanding provisions in the home rule charter, a service area to provide police protection and law enforcement services may be established, operated, altered, or abolished in a unified municipality by ordinance. The ordinance may provide for an appointed or elected board to supervise the furnishing of the police protection services. (b) A unified municipality may by ordinance levy taxes, charges, or assessments to finance the police protection services in a service area. Restrictions or limitations on the levy of taxes, charges or assessments in the home rule charter do not apply to taxes, charges, or assessments levied under this section, nor shall they be considered in applying the restrictions or limitations. * Sec. 3. This Act takes effect immediately under AS 01.10.070(c)." Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. 1994-02-02 House Journal Page 2224 HB 18 Representative Bunde placed a call of the House. **The presence of Representatives Hoffman, Moses and Sanders was noted. The Speaker stated the call was satisfied. Amendment to Amendment No. 1 was offered by Representative Finkelstein: Under Section 2, subsection (a), following "charter": Insert "which may require a referendum within a service area" Representative Finkelstein moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Representative Phillips objected. The question being: "Shall the amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 18(CRA) Second Reading Amendment to Amendment No. 1 YEAS: 21 NAYS: 14 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Brown, Carney, Davies, B.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Mackie, Mulder, Navarre, Nordlund, Porter, Sanders, Sitton, Ulmer Nays: Brice, Bunde, G.Davis, James, Larson, Martin, Moses, Olberg, Parnell, Phillips, Therriault, Toohey, Vezey, Willis Excused: Davidson, MacLean, Menard, Nicholia, Williams And so, the amendment to Amendment No. 1 was adopted. 1994-02-02 House Journal Page 2225 HB 18 The question being: "Shall Amendment No. 1 as amended be adopted? The roll was taken with the following result: CSHB 18(CRA) Second Reading Amendment No. 1 as amended YEAS: 18 NAYS: 17 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Kott, Mackie, Mulder, Navarre, Nordlund, Porter, Sanders, Sitton, Ulmer Nays: Brice, Brown, Bunde, Green, Hanley, Hudson, James, Larson, Martin, Moses, Olberg, Parnell, Phillips, Therriault, Toohey, Vezey, Willis Excused: Davidson, MacLean, Menard, Nicholia, Williams Navarre changed from "Nay" to "Yea". And so, Amendment No. 1 as amended was adopted and the new title appears below: CS FOR HOUSE BILL NO. 18(CRA) am "An Act relating to service areas in unified municipalities to provide police protection and law enforcement services; and providing for an effective date." Representative Phillips moved and asked unanimous consent that CSHB 18(CRA) am be considered engrossed, advanced to third reading and placed on final passage. Representative Bunde objected. The Speaker stated that CSHB 18(CRA) am will be in third reading on tomorrow's calendar. 1994-02-02 House Journal Page 2226 HB 280 The following was read the second time: HOUSE BILL NO. 280 "An Act adopting the Uniform Custodial Trust Act." with the: Journal Page STA RPT 4DP 2NR 1351 -2 ZERO FISCAL NOTES (LAW, COURT)4/20/93 1351 JUD RPT 6DP 2135 -ZERO FISCAL NOTE (LAW) 1/24/94 2136 Representative Phillips moved and asked unanimous consent that HB 280 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 280 was read the third time. The question being: "Shall HB 280 pass the House?" The roll was taken with the following result: HB 280 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Excused: Davidson, MacLean, Menard, Nicholia, Williams And so, HB 280 passed the House and was referred to the Chief Clerk for engrossment. 1994-02-02 House Journal Page 2227 LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - James D. "Denny" Wilcher By Representatives Finkelstein, James, Nordlund, Willis SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: In Memoriam - Larrae Rocheleau By Representatives Grussendorf, Brice, Bunde, Foster, James, Larson, Mackie, Navarre, Mulder, Sitton, Toohey, Ulmer; Senator Taylor There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was went to enrolling. UNFINISHED BUSINESS HB 60 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 60 "An Act making appropriations for capital projects; and providing for an effective date." HB 60 was removed from the Rules Committee and sent to the Finance Committee. 1994-02-02 House Journal Page 2228 HB 83 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 83 "An Act making appropriations for construction and major maintenance of schools; and providing for an effective date." HB 83 was removed from the Rules Committee and sent to the Finance Committee. HB 125 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 125 "An Act making appropriations for capital project matching grant programs; and providing for an effective date." HB 125 was removed from the Rules Committee and sent to the Finance Committee. HB 197 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 197 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; and providing for an effective date." HB 197 was removed from the Rules Committee and sent to the Finance Committee. HB 244 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 244 "An Act making a special appropriation for additional district support for kindergarten, primary, and secondary education programs; and providing for an effective date." 1994-02-02 House Journal Page 2229 HB 244 HB 244 was removed from the Rules Committee and sent to the Finance Committee. HB 269 The Speaker again referred the following bill, which was in the Rules Committee, to the Finance Committee: HOUSE BILL NO. 269 "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and providing for an effective date." HB 269 was removed from the Rules Committee and sent to the Finance Committee. HB 255 The Speaker changed the referral on the following from State Affairs and Finance Committees to Labor & Commerce and State Affairs Committees: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 255 "An Act relating to application of the Public Employment Relations Act to municipalities and other political subdivisions." SSHB 255 was removed from the State Affairs Committee and sent to the Labor & Commerce Committee, with a further referral to the State Affairs Committee. Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Brown - from 6:30 p.m., February 25 to 10:00 a.m., February 27, 1994 Representative Mulder - from 7:00 p.m., February 11 to 8:30 p.m., plane time, February 14, 1994 Representative Olberg - from 6:30 a.m., February 25 to 7:00 p.m., plane time, February 27, 1994 1994-02-02 House Journal Page 2230 Representative Ulmer - from 7:00 p.m., February 3 to 10:00 p.m., plane time, February 5, 1994 There being no objection, it was so ordered. HJR 52 Representatives Nicholia and B.Davis added their names as cosponsors 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. HB 267 Representatives Olberg, Nicholia and B.Davis added their names as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 267 "An Act increasing elementary and secondary instructional units for certain school districts with 800 or fewer students in average daily membership; and providing for an effective date." SJR 13 Representatives Green, Grussendorf and Nordlund added their names as cross-sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 13(RLS) Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil. 1994-02-02 House Journal Page 2231 ENGROSSMENT HB 280 HB 280 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 109 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 3:08 p.m., February 2, 1994: CS FOR HOUSE BILL NO. 109(JUD) am S "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Natural Resources Finance Subcommittee Capitol 124 8:00 a.m., 2/3 (CANCELED) ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 3, 1994. There being no objection, the House adjourned at 12:10 p.m. Suzi Lowell Chief Clerk