Legislature(1995 - 1996)

1995-04-07 House Journal

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1995-04-07                     House Journal                      Page 1169
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Friday              April 7, 1995         
                                                                               
                                                                               
                              Eighty second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 1:21 p.m.                                                          
                                                                               
                                                                               
Roll call showed 38 members present.  Representatives Finkelstein and          
Therriault were absent.                                                        
                                                                               
                                                                               
The invocation was offered by Bill Choslovsky of the Juneau Jewish             
Community.  Representative Bunde moved and asked unanimous                     
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
"As we embark on another day's journey, we bow our heads                      
in humble respect to our collective Lords.  Lord, before You                   
stand the Representatives of Alaska.  In service to others, they               
have sacrificed their time, at times their sanity, and most                    
noticeably of late, their sleep.  With this in mind, Psalm                     
118:24 lends necessary perspective and provides a worthy                       
motto:  `This is the day which the Lord hath made, we will                     
rejoice and be glad in it.'  As experience proves, it isn't the                
burdens of today that drive men mad.  It is the regrets over                   
yesterday and the fear of tomorrow.  Regret and fear are twin                  
thieves who rob us of today.  Thus Lord, though perhaps                        
understandable, please remind our trusted servants that today,                 
even if long, difficult and exhausting, is to be enjoyed, not                  
endured.                                                                       
                                                                               
Amen!"                                                                        
                                                                               
                                       1                                       

1995-04-07                     House Journal                      Page 1170
The Pledge of Allegiance was led by Representative Kelly.                      
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 6, 1995, was read stating the Senate has passed          
the following and they are transmitted for consideration:                      
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 58                                                                        
SENATE BILL NO. 58 am by Senator Leman, entitled:                              
                                                                               
"An Act restricting the use of the title `industrial hygienist' and           
related titles and initials."                                                  
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      
                                                                               
SB 122                                                                       
CS FOR SENATE BILL NO. 122(JUD) by the Senate Judiciary                        
Committee, entitled:                                                           
                                                                               
"An Act excluding certain direct sellers of consumer products from            
coverage under the state unemployment compensation laws."                      
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 260                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 260                                                            
"An Act relating to marine pilots and the Board of Marine Pilots;             
extending the termination date of the Board of Marine Pilots; and              
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            

1995-04-07                     House Journal                      Page 1171
HB 260                                                                       
CS FOR HOUSE BILL NO. 260(TRA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative G.Davis, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (2):  Brice, Williams                                                  
                                                                               
No recommendation (2):  MacLean, Sanders                                       
                                                                               
Amend (2):  James, G.Davis                                                     
                                                                               
The following fiscal note applies to CSHB 260(TRA):                            
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 4/7/95                  
                                                                               
HB 260 was referred to the Labor & Commerce Committee.                         
                                                                               
HB 267                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 267                                                            
"An Act relating to review and expiration of regulations; and                 
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 267(STA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  James, Porter                                                    
                                                                               
No recommendation (1):  Ivan                                                   
                                                                               
Amend (4):  Green, Willis, Robinson, Ogan                                      
                                                                               
The following fiscal notes apply to CSHB 267(STA):                             
                                                                               

1995-04-07                     House Journal                      Page 1172
HB 267                                                                       
Indeterminate fiscal note, Dept. of Administration, 4/7/95                     
Indeterminate fiscal note, Dept. of Law, 4/7/95                                
Fiscal note, Dept. of Transportation & Public Facilities, 4/7/95               
Fiscal notes (3), Dept. of Commerce & Economic Development, 4/7/95             
                                                                               
HB 267 was referred to the Finance Committee.                                  
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 256                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE BILL NO. 256                                                            
"An Act authorizing the commissioner of fish and game to                      
establish free sport fishing days."                                            
                                                                               
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (3):  G.Davis, Ogan, Austerman                                         
                                                                               
No recommendation (2):  Elton, Moses                                           
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Fish & Game, 4/7/95                                 
                                                                               
HB 256 was referred to the Resources Committee.                                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 122                                                                       
The Speaker stated that, without objection, she would remove the               
Judiciary Committee referral (page 1170) and add State Affairs and             
Labor & Commerce Committee referrals to the following:                         
                                                                               
CS FOR SENATE BILL NO. 122(JUD)                                               
"An Act excluding certain direct sellers of consumer products from            
coverage under the state unemployment compensation laws."                      

1995-04-07                     House Journal                      Page 1173
SB 122                                                                       
Representative Navarre objected and withdrew the objection.                    
                                                                               
There being no further objection, SB 122 was referred to the State             
Affairs and Labor & Commerce Committees.                                       
                                                                               
**The presence of Representative Finkelstein was noted.                        
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citation was introduced and referred to the Rules                
Committee for placement on the calendar:                                       
                                                                               
Honoring - Dzantik'i Heeni Middle School Math Counts Team                      
By Representatives Robinson, Elton; Senator Duncan                             
                                                                               
In Memoriam - Robert L. Brechan                                                
By Representatives Kelly, Vezey                                                
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 42                                                                       
HOUSE JOINT RESOLUTION NO. 42 by the House Transportation                      
Committee:                                                                     
                                                                               
Relating to regulation of water carriers serving Alaska.                      
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
HJR 43                                                                       
HOUSE JOINT RESOLUTION NO. 43 by the House Special                             
Committee on Fisheries:                                                        
                                                                               
Relating to commercial fishing and subsistence use in Glacier Bay             
National Park.                                                                 
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries.                                                                  
                                                                               

1995-04-07                     House Journal                      Page 1174
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 304                                                                       
HOUSE BILL NO. 304 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to geographic differentials for the salaries of              
certain state employees who are not members of a collective                    
bargaining unit; relating to periodic salary surveys and preparation           
of an annual pay schedule regarding certain state employees;                   
relating to certain state aid calculations based on geographic                 
differentials for state employee salaries; and providing for an                
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs, Labor &             
Commerce and Finance Committees.                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 4/7/95                                   
Fiscal note, Office of the Governor/All Depts., 4/7/95                         
                                                                               
The Governor's transmittal letter, dated April 7, 1995, appears below:         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that revises geographic pay differentials for              
executive branch partially exempt employees and classified service             
employees not covered by a collective bargaining agreement, and for            
employees of the legislature.  Upon passage of this or similar                 
legislation, I also will issue an administrative order making the same         
adjustments to executive branch exempt personnel.  The bill also               
amends statutes that  relate to certain state aid to municipalities and        
other eligible recipients that is calculated based on the geographic pay       
differentials, and changes or deletes statutory requirements regarding         
salary surveys.                                                                
                                                                               
In the mid-1980's, the state conducted a comprehensive cost-of-living          
study for the different areas of Alaska.  That study showed that the           
geographic pay differentials contained in AS39.27.020(a) did not               

1995-04-07                     House Journal                      Page 1175
HB 304                                                                       
accurately reflect the actual differences in the cost-of-living in cities      
and towns around the state.  As a result of this study, the collective         
bargaining agreements between the state and the various unions                 
representing state employees, which had differentials based on those           
in AS39.27.020(a), were changed to reflect the actual differences.             
However, because AS39.27.020(a) was not amended, state employees               
not covered by collective bargaining agreements continued to be paid           
using outdated differentials.  Some were underpaid, but more were              
overpaid, costing the state several hundred thousand dollars each year.        
Since the mid-1980's, cost-of-living differences within Alaska have            
been reduced even further.  This bill repeals AS39.27.020 and sets out         
new provisions in a proposed AS39.27.021, to make long overdue                 
changes to the geographic pay differentials.  The bill makes certain           
conforming technical amendments to statutes relating to magistrate             
salaries and to the Public Employees' Retirement System, to                    
acknowledge the repeal and the new provisions.                                 
                                                                               
The bill also provides, as did the various collective bargaining               
agreements, that no employee will have his or her salary immediately           
reduced as a result of the new differentials.  However, I am not               
proposing that incumbent employee salaries be frozen forever.  Instead,        
the salary of an employee who remains working in an area where the             
differential is lowered would not be reduced until one year after the          
effective date of the bill.                                                    
                                                                               
One significant difference between this bill and previous approaches           
to geographic pay differentials is that this bill limits, to $30,000 per       
year, the amount of an employee's gross pay that would be subject to           
a differential adjustment.  This acknowledges the basic purpose of             
geographic differentials:   compensating for higher basic living               
expenses.  This approach removes the aspect of raising overall pay             
levels through differentials.                                                  
                                                                               
Statutes relating to state aid to municipalities and other eligible            
recipients for roads, health facilities and hospitals, and volunteer fire      
departments, contain a provision increasing aid to areas with a higher         
cost of living, and tying the increases to the differentials in existing       
AS39.27.020(a).  Because many municipalities and other recipients              
have relied on the current differentials in their planning, this bill          
provides that the differentials in existing law will continue to apply for     
this purpose.                                                                  

1995-04-07                     House Journal                      Page 1176
HB 304                                                                       
The bill also requires the director of the division of personnel to            
conduct a study every five years, starting in 1999, to review                  
geographic differentials.  This requirement replaces the current               
statutory requirement that an annual survey be done both of cost-of-           
living around the state and of the relationship between state salaries         
and salaries of other employers.  In addition, the bill repeals the            
requirement that the director conduct an annual survey for purposes of         
making university employee salary recommendations to the Board of              
Regents of the University of Alaska.  Because of budgetary constraints,        
none of these annual surveys have been done.                                   
                                                                               
I urge your prompt consideration and passage of this bill.                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 237                                                                       
Representative Vezey moved and asked unanimous consent that the                
following, which was on today's calendar, be held to the April 8,              
1995, calendar:                                                                
                                                                               
HOUSE BILL NO. 237                                                            
"An Act relating to workers' compensation insurance rate filings;             
to second independent medical evaluations for workers'                         
compensation claims; to immunity for third-party design                        
professionals from civil actions by recipients of workers'                     
compensation benefits; to workers' compensation death benefits;                
to computation of workers' compensation benefits; to penalties for             
fraudulent acts related to workers' compensation; to immunity for              
employer workplace safety inspections related to workers'                      
compensation insurance; and providing for an effective date."                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1995-04-07                     House Journal                      Page 1177
                                ANNOUNCEMENTS                                
                                                                               
Minority Caucus                                       Upon recess, 4/7         
                                                                               
Without objection, the House recessed at 1:37 p.m.                             
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 2:04 p.m.                        
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 100                                                                       
The following, which was advanced to third reading from the April 6,           
calendar (page 1162), was read the third time:                                 
                                                                               
CS FOR HOUSE BILL NO. 100(FIN)                                                
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; making appropriations under art. IX, sec. 17(c),             
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date."                            
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
Representative MacLean rose to a point of order regarding debate not           
on the bill.                                                                   
                                                                               
The Speaker ruled the point out of order.                                      
                                                                               
The Speaker stated the House would stand at ease until 4:00 p.m.  The          
House stood at ease at 3:38 p.m.                                               
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The Speaker called the House back to order at 4:22 p.m.                        
                                                                               
A second quorum call showed 31 members present.                                
                                                                               

1995-04-07                     House Journal                      Page 1178
Representative Bunde had been previously excused from a call after             
2:00 p.m.                                                                      
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 100                                                                       
The question being:  "Shall CSHB 100(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 100(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                   
                                                                               
                                                                               
Excused:  Bunde                                                                
                                                                               
                                                                               
And so, CSHB 100(FIN) passed the House.                                        
                                                                               
                                                                               
Representative Vezey moved the appropriations in Sec. 25(a) and Sec.           
43 (page 15, lines 22-23) under Art. IX, section 17(c) of the                  
Constitution of the State of Alaska from the constitutional budget             
reserve fund.                                                                  
                                                                               
                                                                               
The question being:  "Shall the House adopt Sec. 25(a) and Sec. 43             
(page 15, lines 22-23)?"  The roll was taken with the following result:        

1995-04-07                     House Journal                      Page 1179
HB 100                                                                       
                                                                               
CSHB 100(FIN)                                                                  
Third Reading                                                                  
Budget Reserve Appropriations                                                  
Sections 25(a) and 43                                                          
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brown, Davies, B.Davis, G.Davis, Elton,              
Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses,                  
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson,          
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis                 
                                                                               
Nays:  Brice                                                                   
                                                                               
Excused:  Bunde                                                                
                                                                               
And so, the budget reserve appropriations were adopted.                        
                                                                               
Representative Vezey moved the appropriations in Sec. 39 (page 9,              
lines 5-10) under Art. IX, section 17(c) of the Constitution of the State      
of Alaska from the constitutional budget reserve fund.                         
                                                                               
The question being:  "Shall the House adopt Sec. 39 (page 9, lines 5-          
10)?"  The roll was taken with the following result:                           
                                                                               
CSHB 100(FIN)                                                                  
Third Reading                                                                  
Budget Reserve Appropriations                                                  
Section 39                                                                     
                                                                               
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                   

1995-04-07                     House Journal                      Page 1180
HB 100                                                                       
Excused:  Bunde                                                                
                                                                               
And so, lacking the necessary 30 votes, Sec. 39 was not adopted.               
                                                                               
Representative Vezey moved the effective date clause.                          
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 100(FIN)                                                                  
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis,              
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek,                  
Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter,             
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
Excused:  Bunde                                                                
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
Representative Finkelstein gave notice of reconsideration of his vote          
on CSHB 100(FIN).                                                              
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey 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:                     
                                                                               
Honoring - Serena Woods, 1994 Caring for the Kenai Contest Winner              
By Representatives Navarre, Phillips, G.Davis, B.Davis, Elton, Green,          
James, Kubina, Nicholia, Parnell, Rokeberg, Sanders, Toohey, Willis;           
Senator Salo                                                                   
                                                                               

1995-04-07                     House Journal                      Page 1181
                             UNFINISHED BUSINESS                             
                                                                               
HB 10                                                                        
The Speaker waived the Finance Committee referral on the following             
at the request of Representative Hanley, Co-chair:                             
                                                                               
HOUSE BILL NO. 10                                                             
"An Act relating to payment for emergency services responding to              
certain motor vehicle accidents."                                              
                                                                               
HB 10 was sent to the Rules Committee for placement on the calendar.           
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Phillips - from 7:05 a.m., April 14 to 10:02 p.m., plane        
time, April 17, 1995                                                           
                                                                               
                                                                               
Representative Barnes - from 6:35 p.m., April 13 to 8:54 p.m., plane           
time, April 18, 1995                                                           
                                                                               
                                                                               
Representative Foster - from 5:00 p.m., April 13 to 2:00 p.m., plane           
time, April 18, 1995                                                           
                                                                               
                                                                               
Representative Bunde - from 6:00 p.m., April 13 to 9:15 p.m., plane            
time, April 17, 1995                                                           
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Minority Caucus                                        11:00 a.m., 4/8         
                                                                               
Conflict of Interest Statements to APOC                         4/15         
                                                                               
                                                                               

1995-04-07                     House Journal                      Page 1182
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 12:00 noon, April 8, 1995.  There being no                 
objection, the House adjourned at 7:43 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk