Legislature(1993 - 1994)

1994-02-18 House Journal

Full Journal pdf

1994-02-18                     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