Legislature(1995 - 1996)
1995-04-07 House Journal
Full Journal pdf1995-04-07 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