Legislature(1993 - 1994)
1994-02-18 House Journal
Full Journal pdf1994-02-18 House Journal Page 2449 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 18, 1994 Fortieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:07 a.m. Representatives Barnes, Martin, Olberg, Phillips and Ulmer were present for a technical session. MESSAGES FROM THE GOVERNOR HB 109 A message dated February 17, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter No. 1, SLA 1994 Effective Date: February 18, 1994 COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and appear in House Journal Supplement No. 11 and House & Senate Joint Journal Supplement No. 16. 1 1994-02-18 House Journal Page 2450 REPORTS OF STANDING COMMITTEES HB 106 The Finance Committee has considered: HOUSE BILL NO. 106 "An Act establishing the Alaska education technology program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 106(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Brown, Navarre, Foster, Hoffman No recommendation (4): MacLean, Larson, Parnell, Martin The following fiscal notes apply to CSHB 106(FIN): Fiscal notes (2), Dept. of Education, 2/18/94 Fiscal note, Dept. of Revenue, 2/18/94 HB 106 was referred to the Rules Committee for placement on the calendar. HB 299 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 299 "An Act relating to education programs on consumption of alcohol and to revocation of a driver's license for illegal consumption of alcohol; and providing for an effective date." and recommends it be replaced with: 1994-02-18 House Journal Page 2451 HB 299 CS FOR HOUSE BILL NO. 299(HES) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): G.Davis, Bunde, Toohey, B.Davis, Nicholia, Brice The following fiscal notes apply to CSHB 299(HES): Fiscal note, Dept. of Public Safety, 2/18/94 Zero fiscal note, Dept. of Law, 2/18/94 HB 299 was referred to the Judiciary Committee. HB 313 The Finance Committee has considered: HOUSE BILL NO. 313 "An Act relating to suspended imposition of criminal sentences and to the period in which suspension of the imposition of sentence for conviction of the crime of disorderly conduct may be authorized." and recommends it be replaced with: CS FOR HOUSE BILL NO. 313(JUD) "An Act relating to suspended imposition of criminal sentences and to the imposition of sentence when a suspended imposition of sentence is revoked." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): Larson, Hanley, Parnell, Navarre, Brown Do not pass (1): Foster 1994-02-18 House Journal Page 2452 HB 313 No recommendation (3): MacLean, Martin, Hoffman The following fiscal notes apply to CSHB 313(JUD): Zero fiscal notes (2), Dept. of Administration, 2/9/94 Zero fiscal note, Dept. of Corrections, 2/9/94 Zero fiscal note, Alaska Court System, 2/9/94 Zero fiscal note, Dept. of Law, 2/9/94 Zero fiscal note, Dept. of Public Safety, 2/9/94 HB 313 was referred to the Rules Committee for placement on the calendar. HB 315 The Finance 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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Martin, Parnell, Hoffman, Navarre, Foster No recommendation (2): Hanley, Brown The following fiscal notes apply to CSHB 315(JUD): Zero fiscal note, Dept. of Law, 2/18/94 Zero fiscal notes (2), Dept. of Administration, 2/2/94 1994-02-18 House Journal Page 2453 HB 315 HB 315 was referred to the Rules Committee for placement on the calendar. HB 397 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 "An Act relating to the power to levy property taxes in second class cities and to combining a property tax and incorporation question." The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (6): Larson, Martin, Hoffman, Brown, MacLean, Foster Amend (2): Parnell, Navarre The following fiscal note applies to SSHB 397: Zero fiscal note, Dept. of Community & Regional Affairs, 2/4/94 SSHB 397 was referred to the Rules Committee for placement on the calendar. HB 410 The Labor & Commerce has considered: HOUSE BILL NO. 410 "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 410(L&C) (same title) 1994-02-18 House Journal Page 2454 HB 410 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (6): Hudson, Porter, Sitton, Mulder, Williams, Green The following fiscal note applies to CSHB 410(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 2/18/94 HB 410 was referred to the State Affairs Committee. HB 418 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 418 "An Act extending the termination date of the Board of Parole; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): G.Davis, Bunde, Toohey, B.Davis, Brice The following fiscal note applies to HB 418: Zero fiscal note, Dept. of Corrections, 2/18/94 HB 418 was referred to the Judiciary Committee. SJR 13 The Resources Committee has considered: 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. 1994-02-18 House Journal Page 2455 SJR 13 The report was signed by Representative Hudson, Vice-Chair, with the following individual recommendations: Do pass (5): Carney, Green, James, Finkelstein, Hudson The following fiscal note applies to CSSJR 13(RLS): Senate zero fiscal note, Dept. of Revenue, 1/26/94 CSSJR 13(RLS) was referred to the Rules Committee for placement on the calendar. SB 186 The Labor & Commerce Committee has considered: SENATE BILL NO. 186 am "An Act relating to state agency publications." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Sitton, Mulder, Green, Hudson The following fiscal note applies to SB 186 am: Zero fiscal note, Dept. of Administration, 2/18/94 SB 186 am was referred to the State Affairs Committee. REPORTS OF SPECIAL COMMITTEES HCR 12 The House Special Committee on Oil and Gas has considered: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the use of natural gas as a motor vehicle fuel in Alaska. 1994-02-18 House Journal Page 2456 HCR 12 and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 12(O&G) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Kott, Green Do not pass (1): Olberg No recommendation (1): G.Davis The following fiscal note applies to CSHCR 12(O&G): Zero fiscal note, Dept. of Environmental Conservation, 2/18/94 HCR 12 was referred to the Resources Committee. HB 426 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 426 "An Act establishing the Chickaloon Flats Critical Habitat Area." and recommends it be replaced with: CS FOR HOUSE BILL NO. 426(O&G) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Kott, Sanders, Sitton No recommendation (2): G.Davis, Mackie The following fiscal note applies to CSHB 426(O&G): 1994-02-18 House Journal Page 2457 HB 426 Zero fiscal note, Dept. of Fish & Game, 2/18/94 HB 426 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 - Special Olympics Torch Run By Representatives Ulmer, Hudson; Senators Ellis, Duncan In Memoriam - Sargent M. Tunohun By Senator Zharoff INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 59 HOUSE JOINT RESOLUTION NO. 59 by the House Rules Committee: Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 508 HOUSE BILL NO. 508 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: 1994-02-18 House Journal Page 2458 HB 508 "An Act relating to disclosure of close economic associations by certain state employees and to the prohibition against nepotism in the executive branch of state government; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 509 HOUSE BILL NO. 509 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the tax on transfers or consumption of motor fuel, and to the proceeds from the tax; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Revenue, 2/18/94 Zero fiscal note, Dept. of Environmental Conservation, 2/18/94 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/18/94 The Governor's transmittal letter, dated February 18, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill raising the tax rate on transfers or consumption of motor fuel. The bill would bring our tax rate more in line with that of other states and raise much-needed revenue for highway maintenance. Additionally, the bill would make certain changes regarding the proceeds from the tax. 1994-02-18 House Journal Page 2459 HB 509 Alaska is one of only three states with motor fuel tax rates of less than 10 cents per gallon (Georgia, seven and one-half cents; Alaska, eight cents; and Wyoming, nine cents). The mean national tax rate on motor fuel is 18.66 cents. The tax rates in other western states on motor fuel are: Washington, 23 cents; Oregon, 24 cents; Idaho, 21 cents; Colorado, 22 cents; California, 17 cents; and Nevada, 24 cents. The bill would raise the motor fuel tax rate for most fuels to 25 cents per gallon. Aviation fuel and fuel used in and on watercraft would remain at their current rates as set by statute. One cent of the 25-cent tax would go into a special "storage tank assistance" account in the general fund, added by sec. 4 of the bill. The legislature may appropriate from this account into the storage tank assistance fund established by AS46.03.410. That fund provides grants, testing, and site analysis to owners and operators of underground petroleum storage tanks. Currently, anyone who uses motor fuel, other than aviation fuel or fuel for watercraft, in any engine other than a motor vehicle licensed for the public highways is entitled to a refund of six cents of the existing eight-cent tax. The refund would remain at the current statutory rate of six cents. I urge your prompt consideration and passage of this important bill. Sincerely, /s/ Walter J. Hickel Governor" HB 510 HOUSE BILL NO. 510 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations to satisfy the agreed-upon monetary terms of a collective bargaining agreement for certain employees of the University of Alaska; and providing for an effective date." 1994-02-18 House Journal Page 2460 HB 510 was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated February 18, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making appropriations to satisfy the agreed-upon monetary terms of collective bargaining agreements for certain public employees of the University of Alaska. This bill, if enacted into law, would make a total appropriation of $760,500 to the University of Alaska to satisfy the monetary terms of the collective bargaining agreement with the Alaska Community College Federation of Teachers bargaining unit. The appropriations are necessary to satisfy agreed-upon obligations under that agreement. I urge your prompt consideration and passage of the bill. Sincerely, /s/ Walter J. Hickel Governor" UNFINISHED BUSINESS The following members, who had been previously excused from a call of the House, amended their return time as noted: Representative Larson - from 8:50 a.m., February 18 to 7:00 p.m., plane time, February 21, 1994 (page 2443) Representative Ulmer - from 7:00 p.m., February 25 to 8:00 p.m., plane time, February 28, 1994 (page 2444) 1994-02-18 House Journal Page 2461 HB 489 The Speaker added a referral to the Labor & Commerce Committee to follow the State Affairs Committee referral for: HOUSE BILL NO. 489 "An Act repealing the state requirement to provide overtime compensation and relating to liquidated damages for unpaid minimum wages." HB 489 is currently in the State Affairs Committee. HB 306 Representative Navarre added his name as cosponsor to: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." ENROLLMENT HB 88 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 12:00 p.m., February 18, 1994: SENATE CS FOR HOUSE BILL NO. 88(RLS) am S "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." HB 101 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 12:00 p.m., February 18, 1994: 1994-02-18 House Journal Page 2462 HB 101 SENATE CS FOR HOUSE BILL NO. 101(JUD) "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 22, 1994. There being no objection, the House adjourned at 11:15 a.m. Suzi Lowell Chief Clerk