Legislature(1995 - 1996)
1996-01-08 House Journal
Full Journal pdf1996-01-08 House Journal Page 2345 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday January 8, 1996 First Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11.14 a.m. Roll call showed 38 members present. Representative Moses was absent. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Nicholia - from today until 10:00 a.m., January 10, 1996. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Respecting the religious traditions of each person here, let us pray: God of all time and space, God of infinite love and mercy, may this gathering at the beginning of the new year symbolize our desire to become servants of all Your people. In this new year may we become patient listeners, humble speakers, and true colleagues; whose goal is to serve with humility and compassion. Guide our hands, that all people may be served by our work this year. Amen. 1996-01-08 House Journal Page 2346 An Honor Guard from the Boy Scouts of America, Southeast Alaska Area Council, Troop 21, composed of Brian and Brett Fairchild, Brian Gilbertson, Richard Smiley, Leon Bus, Kevin Almile and Mike Behrends presented the colors. The Troop also led the Pledge of Allegiance. Hobo Jim sang the song Alaskas Flag. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 121st legislative day, First and Final Supplements and House Supplement No. 9 for the first session of the 19th Legislature be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker recognized Senators Adams and Phillips who advised that the Senate is in session and ready to do business. MESSAGES FROM THE GOVERNOR The following letter, dated January 2, 1996, was received: Dear Speaker Phillips: Under the provisions of art III, section 18 of the Alaska Constitution, I am requesting the opportunity to address a Joint Session of the Nineteenth Alaska State Legislature on Tuesday, January 9, 1996, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 11, 1996, at 8:00 p.m. for presentation of the State of the Budget Address. Thank you for your cooperation in this effort. I look forward to a successful session. Sincerely, /s/ Tony Knowles Governor 1996-01-08 House Journal Page 2347 The following letter, dated January 4, 1996, was received: Dear Speaker Phillips: Pursuant to my authority under article II, section 4 of the Alaska Constitution, I am pleased to announce I have appointed Don Long to fill the vacancy in the Office of Representative for House District 37, in the Alaska State House of Representatives. Mr. Long will hold this appointment until a successful candidate for the Office of Representative is elected and sworn into office to represent House District 37. Sincerely, /s/ Tony Knowles Governor EO 92 EXECUTIVE ORDER NO. 92: Transferring duties in the Department of Natural Resources to consolidate the division of oil and gas and the division of geological and geophysical surveys into a division of oil, gas, and geology in that department. was read the first time and referred to the House Special Committee on Oil and Gas and the Resources and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Natural Resources, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order transferring duties to accomplish the consolidation of two divisions in the Department of Natural Resources. 1996-01-08 House Journal Page 2348 EO 92 This Executive Order consolidates the division of oil and gas and the division of geological and geophysical surveys in the department. The name of the new consolidated division is the division of oil, gas, and geology. I believe that the consolidation is in the best interests of efficient administration and that the transfer will permit closer coordination within state government regarding its mineral exploration policy. Moreover, the consolidation means a savings of $50,000 for the state. I urge your support of this Executive Order. Sincerely, /s/ Tony Knowles Governor EO 93 EXECUTIVE ORDER NO. 93: Transferring the responsibility for the Alaska regional economic assistance program from the Department of Commerce and Economic Development to the Department of Community and Regional Affairs. was read the first time and referred to the Community & Regional Affairs, Labor & Commerce, State Affairs and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Community & Regional Affairs, 1/8/96 Zero fiscal note, Dept. of Commerce & Economic Development, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order to transfer the Alaska regional economic assistance program (AS 44.33.026) from the Department of 1996-01-08 House Journal Page 2349 EO 93 Commerce and Economic Development (DCED) to the Department of Community and Regional Affairs (DCRA). The transfer of this program to DCRA is in the interest of more efficient functioning of state government. There are already several loan programs administered by DCRA to encourage rural economic development. Because the Alaska regional economic assistance program has essentially the same goals, placing this program in DCRA should result in more efficient operation. I urge your support of this Executive Order. Sincerely, /s/ Tony Knowles Governor EO 94 EXECUTIVE ORDER NO. 94: Transferring the functions and duties of the division of international trade to the Department of Commerce and Economic Development. was read the first time and referred to the House Special Committee on Economic Development, the House Special Committee on International Trade and Tourism, and the Labor & Commerce and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, and in accordance with AS 24.08.210, I am transmitting an Executive 1996-01-08 House Journal Page 2350 EO 94 Order to formally transfer the functions of the division of international trade to the Department of Commerce and Economic Development (department). The department intends to continue its administrative assignment of these functions to the division of trade and development in that department. This action formally changes the statutes to reflect what has already been done administratively to increase the efficiency of the department. With both domestic and foreign arms of the economic development mission working closely together, the programs can be harmonized to produce the best possible results. This action will also result in cost savings as certain duplicate administrative functions have been eliminated. I urge your support of this Executive Order to streamline state government operations. Sincerely, /s/ Tony Knowles Governor EO 95 EXECUTIVE ORDER NO. 95: Transferring the responsibility for the licensing and regulating of big game guides and related occupations to the Department of Commerce and Economic Development. was read the first time and referred to the Resources, Labor & Commerce and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Fish & Game, 1/8/96 Fiscal note, Dept. of Natural Resources, 1/8/96 Fiscal note, Dept. of Law, 1/8/96 Fiscal note, Dept. of Public Safety, 1/8/96 Fiscal note, Dept. of Commerce & Economic Development, 1/8/96 1996-01-08 House Journal Page 2351 EO 95 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order formally transferring certain functions previously performed by the Big Game Commercial Services Board. These functions are currently being performed by the Department of Commerce and Economic Development under my Administrative Order No. 159. The formal transfer of the functions accomplished through this Executive Order is intended to clarify the current legal situation to be sure that the vital services of licensing and regulation of guides and related professions continue without the cloud on their legal authority. The state is presently in litigation over the appropriateness of my Administrative Order assigning the functions to the Department of Commerce and Economic Development when the legislature allowed the Big Game Commercial Services Board to sunset but did not formally repeal the underlying guide licensing and other regulatory statutes. The formal transfer of the functions relating to the licensing and regulating of guides and related occupations is in the best interest of Alaskans to protect and manage the harvest of our vital game resources and to be sure that only trained and licensed guides are involved to meet health and safety concerns. I request your support of this Executive Order to formally transfer these important functions and administrative responsibilities. Sincerely, /s/ Tony Knowles Governor EO 96 EXECUTIVE ORDER NO. 96: 1996-01-08 House Journal Page 2352 EO 96 Transferring the responsibility for the administration of the Alaska childrens trust to a new Alaska Childrens Trust Board in the Office of the Governor to be dedicated to that trust obligation. was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal note, Office of the Governor, 1/8/96 Fiscal note, Dept. of Revenue, 1/8/96 Zero fiscal note, Dept. of Community & Regional Affairs 1/8/96 Zero fiscal note, Dept. of Public Safety, 1/8/96 Zero fiscal note, Dept. of Corrections, 1/8/96 Zero fiscal note, Dept. of Education, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order designed to help promote community-based initiatives to strengthen Alaskas families and children. This is a first step in this administrations goal of breaking the cycle of child neglect, abuse, exploitation, and delinquency. The Executive Order transfers certain functions now assigned to the Alaska Human Relations Commission for the Alaska Childrens Trust Fund to a new trust board within the Office of the Governor. Under the direction of the new board, the childrens trust will supplement services the state already provides to families and children. Because Alaska leads the nation in per capita cases of child abuse and neglect, this is a vital reorganization. The Childrens Trust was created by the legislature in 1988 to help combat child abuse and neglect, but has never been funded. Its time to change that. I believe there must be a reliable source of money to fund community projects that focus on prevention, early intervention and related services. 1996-01-08 House Journal Page 2353 EO 96 This reorganization will give these services a higher priority than they have under existing law. The Childrens Trust, as designed by the legislature, will be funded through gifts, bequests and contributions of cash or other assets from individuals, corporate entities, legislative appropriations and federal matching funds. It will act as a permanent fund; only the earnings of the trust account will be spent. Grants from the trust will fund creative, community-based initiatives that otherwise might not find a funding source. The trust grant awards are not intended to replace or supplant regular funding for state programs. It is appropriate to transfer oversight of the childrens trust from the Alaska Human Relations Commission to the new trust board. The boards mission is to help finance community programs that address the problems of families and children. Under current statute, the Alaska Human Relations Commission has so many diverse responsibilities that its ability to focus on the problems of child abuse and neglect may be diluted. What we need instead is a focused, well-financed effort to change the child abuse and neglect statistics in Alaska. The transfer of responsibilities set out in this Executive Order will help us do just that. I request your support in this effort that will mean so much for Alaska families. Sincerely, /s/ Tony Knowles Governor EO 97 EXECUTIVE ORDER NO. 97: Transferring and merging the student aid and educational institution regulation functions of the Alaska Commission on Postsecondary Education into the Alaska Student Loan Corporation, which will continue in existence with an expanded mission; moving the commissions remaining policy and planning functions to the Department of Education; renaming the corporation as the Alaska Student Aid Corporation to recognize its expanded responsibility for student aid programs other than loan programs; establishing an expanded seven-member board of the 1996-01-08 House Journal Page 2354 EO 97 corporation; and placing the corporation under the Department of Revenue. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. The following fiscal notes apply: Fiscal notes (2), Dept. of Revenue, 1/8/96 Fiscal notes (3), Dept. of Education, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order relating to the transfer of functions of the Alaska Commission on Postsecondary Education. This Executive Order is the first step in creating a new management structure to provide for the long-term stability of the Alaska student aid programs. This new structure should assure the financial community of Alaskas continued commitment to the financial viability of that program. Additionally, the transfer will streamline the student aid program and help integrate postsecondary education into the comprehensive statewide plan for education and training in the Department of Education. The Executive Order accomplishes these goals in three ways. First, the Executive Order eliminates the 14-member Alaska Commission on Postsecondary Education and transfers many of its functions to the Alaska Student Loan Corporation. That corporation is, in turn, renamed the Alaska Student Aid Corporation with an expanded board of seven members. This should reduce costs and result in a better integrated program. 1996-01-08 House Journal Page 2355 EO 97 Second, the Alaska Student Aid Corporation is transferred to the Department of Revenue. All management and administration functions of the Alaska Commission on Postsecondary Education for student aid funds are transferred to the corporation. These transfers should provide additional expertise and streamline the investment functions for the student loan funds. Third, the policy and planning functions of the postsecondary commission are transferred to the Department of Education. The department can provide the central focal point for all education programs, including postsecondary, to be sure that Alaskans can be competitive in todays workplace. I urge your support of this Executive Order. It will result in improved program operation while reducing administrative costs. These changes will help the vital student loan program become self-sufficient, so that low cost financial aid remains available to future generations of Alaskans pursuing postsecondary educational opportunities. Sincerely, /s/ Tony Knowles Governor **** The Speaker appointed the following members to advise the Governor that the House is in session and ready to do business: Representative G.Davis Representative B.Davis The Speaker appointed the following members to advise the Senate that the House is in session and ready to do business: Representative Ogan Representative Kubina 1996-01-08 House Journal Page 2356 Representative B.Davis reported that she and Representative G.Davis had informed the Governor that the House is in session and ready to do business. Representative Kubina reported that he and Representative Ogan had informed the Senate that the House is in session and ready to do business. MESSAGES FROM THE SENATE A message dated January 8, 1996, was received stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 8:00 p.m., January 9, 1996, to hear the Governors State of the State message and at 8:00 p.m., January 11, 1996, to hear the Governors State of the Budget message. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 will appear in supplements to be published January 12, 1996. A letter dated December 18, 1995, was received from Chief Justice Allen T. Compton, stating that pursuant to AS 24.60.130, he had selected Joseph Donahue and Edith Vorderstrasse each to serve another term as public members of the Select Committee on Legislative Ethics commencing January 1, 1996. The Speaker referred the appointment to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - William Murphy Brady, Gunaanasti By Representative Grussendorf; Senator Taylor In Memoriam - Albert S. Davis, Aankadaxtseen By Representative Grussendorf; Senator Taylor 1996-01-08 House Journal Page 2357 In Memoriam - Norman E. Staton, Sr. By Representative Grussendorf; Senator Taylor In Memoriam - Katherine Olanna By Representative Foster In Memoriam - Jonah Kungnelook Tokeinna By Representative Foster In Memoriam - Bon Tate By Representative Foster In Memoriam - Richard C. Sackett, Sr. By Representative Foster In Memoriam - Kitty Pederson By Representative Foster INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS (NOTE: Capitalized names on prefiled bills and resolutions indicate prime sponsorship.) HCR 22 HOUSE CONCURRENT RESOLUTION NO. 22 by Representatives Brown, Robinson, Elton and Finkelstein: Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to the daily calendar; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 50 (Prefile released December 29, 1995) HOUSE JOINT RESOLUTION NO. 50 by Representative Martin: Proposing an amendment to the Constitution of the State of Alaska relating to freedom of conscience. 1996-01-08 House Journal Page 2358 HJR 50 was read the first time and referred to the Health, Education & Social Services, State Affairs, Judiciary and Finance Committees. HJR 51 (Prefile released December 29, 1995) HOUSE JOINT RESOLUTION NO. 51 by Representative Green: Proposing an amendment to the Constitution of the State of Alaska relating to limited entry for sport fish guides and allied professions. was read the first time and referred to the State Affairs Committee, House Special Committee on Fisheries and the Judiciary Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 317 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 317 by Representative Finkelstein, entitled: An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 353 (Prefile released December 29, 1995) HOUSE BILL NO. 353 by Representative Green, entitled: An Act relating to contractual limitation of civil liability for design defects; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. 1996-01-08 House Journal Page 2359 HB 354 (Prefile released December 29, 1995) HOUSE BILL NO. 354 by Representative Mackie, entitled: An Act relating to a retirement incentive program for certain employees of school districts under the teachers retirement system and the public employees retirement system; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services, State Affairs and Finance Committees. HB 355 (Prefile released December 29, 1995) HOUSE BILL NO. 355 by Representative Therriault, entitled: An Act relating to fees charged by the Department of Environmental Conservation. was read the first time and referred to the Resources and Finance Committees. HB 356 HOUSE BILL NO. 356 was not introduced. HB 357 (Prefile released December 29, 1995) HOUSE BILL NO. 357 by Representative Ogan, entitled: An Act relating to the issuance of hunting, trapping, and noncommercial fishing licenses, tags, and permits and to residency for fish and game purposes; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 358 (Prefile released December 29, 1995) HOUSE BILL NO. 358 by Representative Ivan, entitled: An Act relating to dog mushers contests. 1996-01-08 House Journal Page 2360 HB 358 was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 359 (Prefile released December 29, 1995) HOUSE BILL NO. 359 by Representative Porter, entitled: An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. was read the first time and referred to the State Affairs and Judiciary Committees. HB 360 (Prefile released December 29, 1995) HOUSE BILL NO. 360 by Representative Therriault, entitled: An Act prohibiting the Department of Environmental Conservation from including an administrative fine in certain consent orders or other agreements. was read the first time and referred to the Resources and Finance Committees. HB 361 (Prefile released December 29, 1995) HOUSE BILL NO. 361 by Representative Mackie, entitled: An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 362 (Prefile released December 29, 1995) HOUSE BILL NO. 362 by Representative Therriault, entitled: 1996-01-08 House Journal Page 2361 HB 362 An Act extending the motor fuel tax exemption for fuel sold for use in jet propulsion aircraft to fuel used in those aircraft for flights that continue from a foreign country. was read the first time and referred to the Transportation and Finance Committees. HB 363 (Prefile released December 29, 1995) HOUSE BILL NO. 363 by Representative Bunde, entitled: An Act requiring banks to pay interest on money in reserve accounts held in connection with mortgage loans. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 364 (Prefile released December 29, 1995) HOUSE BILL NO. 364 by Representative Bunde, entitled: An Act amending the definition of the offense of unlawful interference with voting in the first degree, a class C felony, to include conduct related to inducing a person to vote or to refrain from voting at an election and conduct related to acceptance of something offered or given to vote or to refrain from voting in an election. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 365 (Prefile released December 29, 1995) HOUSE BILL NO. 365 by Representative Bunde, entitled: An Act relating to the offense of possession of tobacco by a minor. was read the first time and referred to the State Affairs and Judiciary Committees. 1996-01-08 House Journal Page 2362 HB 366 (Prefile released December 29, 1995) HOUSE BILL NO. 366 by Representatives Austerman and Ivan, entitled: An Act relating to marine safety training and education programs. was read the first time and referred to the Health, Education & Social Services, Transportation and Finance Committees. HB 367 (Prefile released December 29, 1995) HOUSE BILL NO. 367 by Representative G.Davis, entitled: An Act relating to persons with handicaps and persons who are experiencing a disability. was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 368 (Prefile released December 29, 1995) HOUSE BILL NO. 368 by Representative James, entitled: An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 369 (Prefile released December 29, 1995) HOUSE BILL NO. 369 by Representative James, entitled: An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole 1996-01-08 House Journal Page 2363 HB 369 proprietorships who are Alaska bidders and owned by persons with disabilities. was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 370 (Prefile released December 29, 1995) HOUSE BILL NO. 370 by Representatives MARTIN AND PORTER, entitled: An Act relating to the provision of legal services to criminal defendants. was read the first time and referred to the Judiciary and Finance Committees. HB 371 (Prefile released December 29, 1995) HOUSE BILL NO. 371 by Representatives BROWN AND TOOHEY, Finkelstein and Davies, entitled: An Act relating to the rights of terminally ill persons. was read the first time and referred to the Health, Education & Social Services, State Affairs and Judiciary Committees. HB 372 (Prefile released December 29, 1995) HOUSE BILL NO. 372 by Representatives Rokeberg and B.Davis, entitled: An Act relating to liquor licenses issued to a restaurant or eating place; and providing for an effective date. was read the first time and referred to the State Affairs and Labor & Commerce Committees. 1996-01-08 House Journal Page 2364 HB 373 (Prefile released December 29, 1995) HOUSE BILL NO. 373 by Representatives MARTIN AND BARNES and Mulder, entitled: An Act relating to educational benefits for family members of deceased members of the armed services. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 374 (Prefile released December 29, 1995) HOUSE BILL NO. 374 by Representatives Brown and B.Davis, entitled: An Act relating to pricing and marketing of alcoholic beverages; to liquor licenses issued to a restaurant or eating place; and providing for an effective date. was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 375 (Prefile released December 29, 1995) HOUSE BILL NO. 375 by Representative Rokeberg, entitled: An Act prohibiting certain retail sales of cigarettes. was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. HB 376 (Prefile released December 29, 1995) HOUSE BILL NO. 376 by Representative Therriault, entitled: An Act relating to state payments for damage or loss caused by a foster child. 1996-01-08 House Journal Page 2365 HB 376 was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 377 (Prefile released December 29, 1995) HOUSE BILL NO. 377 by Representative Porter, entitled: An Act restricting the transfer of state assets and the assets of state entities to certain organizations. was read the first time and referred to the State Affairs and Finance Committees. HB 378 (Prefile released December 29, 1995) HOUSE BILL NO. 378 by Representative Therriault, entitled: An Act relating to certain inspections of residential wastewater and sewage disposal systems; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. HB 379 (Prefile released December 29, 1995) HOUSE BILL NO. 379 by Representative Porter, entitled: An Act authorizing establishment of alternative dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims. was read the first time and referred to the Judiciary and Finance Committees. HB 380 (Prefile released December 29, 1995) HOUSE BILL NO. 380 by Representative Porter, entitled: 1996-01-08 House Journal Page 2366 HB 380 An Act transferring to the Department of Corrections custody of the records related to juveniles who are alleged to be delinquent minors. was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 381 (Prefile released December 29, 1995) HOUSE BILL NO. 381 by Representatives Green and B.Davis, entitled: An Act relating to oil and gas conservation and recovery. was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. HB 382 (Prefile released December 29, 1995) HOUSE BILL NO. 382 by Representative James, entitled: An Act extending the termination date of the Board of Dispensing Opticians; and providing for an effective date. was read the first time and referred to the State Affairs Committee. HB 383 (Prefile released December 29, 1995) HOUSE BILL NO. 383 by Representative Ivan, entitled: An Act relating to reimbursement by the state to municipalities and certain established villages for services provided to individuals incapacitated by alcohol; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 384 (Prefile released December 29, 1995) HOUSE BILL NO. 384 by Representative Rokeberg, entitled: 1996-01-08 House Journal Page 2367 HB 384 An Act relating to payment requirements for retention in the Pioneers Home; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 385 (Prefile released December 29, 1995) HOUSE BILL NO. 385 by Representatives Brice and B.Davis, entitled: An Act establishing a minimum sentence of imprisonment for certain kidnappings; and amending Alaska Rule of Criminal Procedure 35(b)(3). was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 386 (Prefile released January 5, 1996) HOUSE BILL NO. 386 by Representatives Grussendorf, Finkelstein and B.Davis, entitled: An Act relating to cruelty to animals and the provision of food and water to confined or impounded animals. was read the first time and referred to the Resources and Judiciary Committees. HB 387 (Prefile released January 5, 1996) HOUSE BILL NO. 387 by Representatives KELLY AND THERRIAULT, entitled: An Act relating to minors, to programs relating to minors, and to the use of citations for noncriminal offenses when the offenses are committed by minors; authorizing disposition of those noncriminal offenses by citations that require performance of community service in lieu of a court appearance; establishing a curfew for minors, authorizing municipalities to establish curfews by 1996-01-08 House Journal Page 2368 HB 387 ordinance, and establishing the offense of school truancy; relating to the detention of minors and establishing the offenses of evading legal custody and evading detention; and amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses involving minors. was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 388 (Prefile released January 5, 1996) HOUSE BILL NO. 388 by Representatives Rokeberg and B.Davis, entitled: An Act revising laws relating to oil and gas leasing to authorize a program of areawide leasing. was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 389 (Prefile released January 5, 1996) HOUSE BILL NO. 389 by Representatives Rokeberg and B.Davis, entitled: An Act relating to best-interest findings for oil and gas leases. was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 390 (Prefile released January 5, 1996) HOUSE BILL NO. 390 by Representative Elton, entitled: An Act relating to the nonresident anadromous king salmon tag and the anadromous king salmon stamp; requiring nonresident alien sport fishermen to be accompanied by a sport fishing guide; and providing for an effective date. 1996-01-08 House Journal Page 2369 HB 390 was read the first time and referred to the State Affairs Committee, the House Special Committee on Fisheries and the Judiciary and Finance Committees. HB 391 (Prefile released January 5, 1996) HOUSE BILL NO. 391 by Representative Ivan, entitled: An Act relating to succession to assets and liabilities of dissolved municipalities. was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. HB 392 (Prefile released January 5, 1996) HOUSE BILL NO. 392 by Representative Ivan, entitled: An Act relating to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. HB 393 (Prefile released January 5, 1996) HOUSE BILL NO. 393 by Representative Rokeberg, entitled: An Act relating to managed care for recipients of medical assistance; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. HB 394 (Prefile released January 5, 1996) HOUSE BILL NO. 394 by Representatives OGAN AND ROKEBERG, entitled: 1996-01-08 House Journal Page 2370 HB 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. was read the first time and referred to the House Special Committee on Oil & Gas, Resources and Finance Committees. HB 395 (Prefile released January 5, 1996) HOUSE BILL NO. 395 by Representatives Elton, Robinson and B.Davis, entitled: An Act prohibiting increases in health insurance premiums if the insured is a victim of domestic violence. was read the first time and referred to the Health, Education & Social Services, State Affairs, Judiciary and Finance Committees. HB 396 HOUSE BILL NO. 396 by Representative Austerman, entitled: An Act relating to the fisheries resource landing tax; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 397 HOUSE BILL NO. 397 by Representative Austerman, entitled: An Act relating to the seafood marketing assessment; and providing for an effective date. 1996-01-08 House Journal Page 2371 HB 397 was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 398 HOUSE BILL NO. 398 by the House Rules Committee by request of the Governor, entitled: An Act relating to teacher evaluation, teacher tenure, teacher continuing employment status, teacher layoff and rehire rights, and the rights of teachers to obtain review of decisions of nonretention or dismissal; relating to public access to certain information on, and public participation in, public school collective bargaining; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Education, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that addresses a number of issues related to promoting professional excellence in education. Last summer I vetoed similar legislation that was divisive and did not adequately address the real problems that face our educational system. With my veto, I promised an opportunity to seek a compromise with which the Alaska educational family would agree. A committee met and provided me with a proposal that addresses all of the issues contained in the vetoed legislation and that additionally highlights the importance of the evaluation process. This legislation lengthens the probationary period for teachers; supports professional competence as a basis for achieving and maintaining "continuing employment status"; focuses on a strong supervision and evaluation process that provides 1996-01-08 House Journal Page 2372 HB 398 special support for teachers new to the profession; revises appeal procedures regarding dismissal and nonretention decisions; provides for the development of locally determined procedures to address teacher layoff and recall; and increases public access to information on the collective bargaining process. This legislation is the product of the efforts of parents, school board members, teachers, administrators, Department of Education employees, and others. While these groups often voice different views and perspectives, in this instance they worked together and produced a bill that I believe begins to improve education in this state. The bill requires each school district to adopt a professional assessment system to be used to evaluate that districts teachers. (Under existing law, "teacher" includes administrators and others). The assessment systems will be developed with input from parents, students, community members, classroom teachers, and administrators and will focus on improving the performance of the professional staff. The assessment systems will contain provisions specifically designed to assist teachers new to the profession. The bill replaces the current statutory term "tenure" with the phrase "continuing employment status" and increases from two to three the number of years that a teacher must be continuously employed with a district before acquiring continuing employment status. Although tenured teachers have always been subject to dismissal or nonretention for unsatisfactory performance, tenure nevertheless connotes to many a right to lifelong employment in a school district. Under this bill, a teacher earns a right to continuing employment status in a district by receiving a satisfactory evaluation in a third year of continuous employment with the district, among other requirements. The bill also clarifies that, before acquiring continuing employment status, a teacher is on probationary status. Several statutes are amended in the bill without substantive change in order to replace "tenure" with "continuing employment status" or to add the term "probationary." I believe that use of the new phrase to describe the right to continued employment, coupled with the important substantive changes made by this bill, signals a healthy shift in focus in the area of teacher employment. 1996-01-08 House Journal Page 2373 HB 398 The bill permits school districts to place continuing employment status teachers on layoff status as a result of financial emergency or a decrease in enrollment. Before such teachers are placed on layoff status, however, all probationary teachers must first be nonretained (unless there is no qualified continuing employment status teacher to replace a probationary teacher). Local districts will adopt reduction-in- force plans that identify procedures related to layoff and rehire. The bill also identifies several routes for review of a local boards decision to dismiss or nonretain a teacher and gives the public more access to collective bargaining information. A sectional description of the bill is available from the Department of Education. I urge your prompt consideration and passage of this important bill. Sincerely, /s/ Tony Knowles Governor HB 399 HOUSE BILL NO. 399 by the House Rules Committee by request of the Governor, entitled: An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a drivers license, privilege to drive, or privilege to obtain a license; amending Alaska Rule of Criminal Procedure 32.1; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Law, 1/8/96 Fiscal note, Dept. of Public Safety, 1/8/96 Fiscal notes (3), Dept. of Health & Social Services, 1/8/96 Fiscal note, Dept. of Administration, 1/8/96 1996-01-08 House Journal Page 2374 HB 399 Fiscal note, Dept. of Corrections, 1/8/96 Zero fiscal note, Dept. of Public Safety, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that replaces the joyriding provisions in the criminal mischief statutes with the new crime of vehicle theft, and provides that first degree vehicle theft is a class C felony. Last year I vetoed a bill also dealing with car theft. Unlike this proposed legislation, last years bill dealt only with juvenile offenders. It would have automatically waived all juveniles charged with joyriding to adult court, regardless of their age, their criminal history, and the seriousness of the offense. This would result in widely diverse and unfair treatment of juveniles who commit theft offenses--a juvenile who borrowed a snowmobile would have a permanent record, while another who stole valuable property during a burglary would be prosecuted as a juvenile, with no permanent criminal record. Further, the Legislature failed to fully fund the fiscal notes accompanying the bill. This bill changes the name of the prohibited conduct from joyriding or criminal mischief to vehicle theft; both imply a childish lark or prank, which is offensive to victims of the crime and is not an accurate description of this dangerous behavior. It creates two new sections in the criminal code--vehicle theft in the first and second degree. Vehicle theft in the first degree prohibits any taking of a motor vehicle, and raises the penalty for first time car thieves from a class A misdemeanor to a class C felony. Thus, the penalty for first time car theft is increased from a maximum one year in jail to a maximum five years in jail and the fine is raised from a maximum $5,000 to a maximum $50,000. Vehicle theft in the second degree prohibits a first offense theft of vehicles such as snowmachines and other off-highway vehicles. Vehicle theft in the second degree is a class A misdemeanor, which is the penalty provided for this offense in current law. 1996-01-08 House Journal Page 2375 HB 399 Under this vehicle theft bill, juveniles who steal vehicles will be treated like juveniles who steal other property--waived into adult court if they are not amenable to treatment and dealt with in juvenile court if they are amenable to treatment. By providing that first offense vehicle theft is a class C felony rather than a misdemeanor, the division of family and youth services in the Department of Health and Social Services will have a much more effective tool for holding juveniles accountable for their acts. The bill also adds the conviction of either first or second degree vehicle theft to the statute authorizing immediate revocation of driving privileges, and provides for mandatory revocation of driving privileges by the court when a person is convicted of vehicle theft in the first or second degree. For the bill to be effective in reducing vehicle theft in Alaska, the state agencies responsible for enforcing it must be fully funded. The division of family and youth services, which administers the juvenile justice system, must have additional probation officers; and the Department of Corrections must be funded for the additional costs of incarceration and supervision of car thieves. Prosecution of felonies is more expensive for the Department of Law, and administrative costs for the division of motor vehicles in the Department of Public Safety will increase as a result of the automatic license revocation for persons convicted of vehicle theft. A safer and more secure place to own and operate a vehicle will result from the passage and funding of this legislation. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 400 HOUSE BILL NO. 400 by the House Rules Committee by request of the Governor, entitled: 1996-01-08 House Journal Page 2376 HB 400 An Act relating to welfare reform by establishing the Alaska Family Independence Program; repealing the aid to families with dependent children and job opportunity and basic skills programs; relating to an exemption to Alaska Wage and Hour Act for certain work activities of the Alaska Family Independence Program; relating to the duty to support children of minor parents; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the state procurement code for certain services for the general relief program and Alaska Family Independence Program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; authorizing the Department of Health and Social Services to operate a public assistance program consistent with the Alaska Family Independence Program under federal waivers and providing certain immunity from liability for activities of that program; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs, State Affairs, Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal notes (3), Dept. of Commerce & Economic Development, 1/8/96 Fiscal note, Dept. of Education, 1/8/96 Fiscal notes (5), Dept. of Health & Social Services, 1/8/96 Fiscal notes (2), Dept. of Labor, 1/8/96 Fiscal note, Dept. of Public Safety, 1/8/96 Fiscal note, Dept. of Revenue, 1/8/96 Zero fiscal note, Dept. of Administration, 1/8/96 Zero fiscal note, Dept. of Community & Regional Affairs, 1/8/96 Zero fiscal note, Dept. of Environmental Conservation, 1/8/96 Zero fiscal note, Dept. of Fish & Game, 1/8/96 Zero fiscal note, Dept. of Health & Social Services, 1/8/96 Zero fiscal note, Dept. of Labor, 1/8/96 Zero fiscal note, Dept. of Law, 1/8/96 Zero fiscal note, Dept. of Public Safety, 1/8/96 1996-01-08 House Journal Page 2377 HB 400 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill designed to reform our welfare system, move more Alaskans into jobs, and save the state millions of dollars over the next five years. The bill establishes the Alaska Family Independence Program while repealing the former Aid to Families with Dependent Children and Job Opportunity and Basic Skills programs. This plan stresses job training and child-care funding, but also sets a five-year limit on public assistance benefits and orders most welfare recipients into work or training programs within two years. Last years welfare reform measure that I vetoed was tough on children. Its provisions would have barred a child whose parents use the program from ever receiving help again in his or her lifetime. This bill orders tough work requirements while protecting Alaskas children. Last year, I submitted a welfare reform bill that directed the Department of Health and Social Services to seek approval from the federal government to operate waiver programs as demonstration projects. This bill builds on my previous proposal and the proposal unanimously adopted by the House. It also incorporates the publics observations as expressed in extensive public hearings conducted over the summer. All of the changes I propose will continue to focus on reshaping our public assistance programs to help families achieve economic independence. This bill contains four major elements: 1) establishes a new family independence program that is designed to move families from dependency to self-sufficiency by providing temporary assistance and job-related services; 2) establishes a grandparent support obligation 1996-01-08 House Journal Page 2378 HB 400 when a minor has a child; 3) restricts professional, occupational and drivers licenses if a parent is not providing support in accordance with an established support order; and 4) authorizes the department to initiate the new program under waivers if federal welfare reform is not accomplished. Even though the federal welfare reform bill has not yet been enacted, this measure fits well within the parameters of likely federal reform scenarios. If federal law changes are enacted during the legislative session, I will promptly inform the legislature of any necessary conforming amendments. If federal law changes are not enacted this year, the state will still be in a position to move forward with a dramatic new program designed to help families achieve economic independence. This bill will enable the state to reshape its public assistance program to meet Alaskas unique circumstances and to provide opportunities for dependent families to move to self-sufficiency in the workplace. I urge your support of this bill. Sincerely, /s/ Tony Knowles Governor HB 401 HOUSE BILL NO. 401 by the House Rules Committee by request of the Governor, entitled: An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Alaska Rule of Civil Procedure 3. was read the first time and referred to the Community & Regional Affairs, State Affairs, Resources and Finance Committees. 1996-01-08 House Journal Page 2379 HB 401 The following fiscal notes apply: Zero fiscal note, Dept. of Revenue, 1/8/96 Zero fiscal note, Dept. of Environmental Conservation, 1/8/96 The Governors transmittal letter, dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill to authorize the state bond committee to issue and sell state revenue bonds to fund public wastewater treatment systems, solid waste management systems, nonpoint source water pollution control projects, and estuary conservation and management projects. This bill also authorizes the Department of Environmental Conservation to use the Alaska clean water fund, a revolving loan fund, as security for the payment of the principal and interest on the bonds, provided the bond proceeds are deposited in the fund. By using the fund as security for the bonds, the state will be able to leverage or increase the amount of money in the fund that is available to municipalities and state agencies for water pollution control projects. Section 2 of the bill provides the legal framework for the bond issuance and sale. This section is patterned after the international airports revenue bonds statutes, and establishes a cooperative relationship between DEC, which administers the Alaska clean water fund, and the state bond committee, which will administer the bond program. The bill requires the state bond committee to conduct its activities in the best interests of the state and its inhabitants, in a manner that will accomplish the most advantageous sale of the bonds, with due regard for the continued funding of projects under the Alaska clean water fund program. Sections 3-12 of the bill amend the clean water fund loan program to clarify the statute. It authorizes DEC to use the fund to secure state- issued bonds and to make other amendments necessary to acknowledge the bond-issuance and repayment process. 1996-01-08 House Journal Page 2380 HB 401 I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 402 HOUSE BILL NO. 402 by the House Rules Committee by request of the Governor, entitled: An Act making a supplemental appropriation from the general fund to cover shortfalls in federal receipts caused by an impasse in enacting the 1996 federal budget; relieving conditions on the expenditure of general fund matching appropriations; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. The Governors transmittal letter dated January 8, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18 of the Alaska Constitution, I am transmitting a bill making a supplemental appropriation that would provide "bridge financing" from the general fund to operate certain federally-funded activities pending resolution of the federal budget impasse and making necessary changes related to conditions on certain fiscal year 1996 appropriations. The President and the Congress have been deadlocked over the proposed enactment of several appropriation bills. These bills contain amounts that would finance administrative costs and benefit payments for several programs providing essential assistance to Alaskans. The most pressing concern is caused by the lack of timely receipt of federal money to pay employees of the division of employment security in the Department of Labor. This division is responsible for the payment of unemployment insurance benefits to over 19,000 families. The administrative costs of this division are financed from the part of the 1996-01-08 House Journal Page 2381 HB 402 federal budget that is in dispute between the President and Congress. Federal money to pay the salaries of employees engaged in operating the occupational safety and health programs of the state (OSHA) may also be unavailable during the impasse. Section 2 of the bill makes an appropriation from the general fund to provide the necessary "bridge financing." Other essential benefit programs administered by the Department of Health and Social Services are nearing the end of available federal money. These programs include Medicaid, aid to families with dependent children, and "meals on wheels". Our ability to carry on with the provision of benefits is not immediately threatened because these programs also receive general fund matching money that could be expended on an accelerated basis to cover the immediate costs of benefits. Section 3 of the bill contains a provision that would authorize program managers to spend matching money without regard to any requirement to also receive corresponding federal money. All of the foregoing provisions would be made subject to the express intent that the Administration do whatever is necessary to recover full reimbursement from the federal government. There has been no suggestion from the responsible federal agencies that reimbursement would be unavailable upon enactment of the federal budget. Responsible state officials will be instructed to do whatever is necessary to preserve our limited general fund money. The advice of the legislative budget and audit committee concerning this matter was sought during a special meeting held in Juneau on January 5, 1996. Depending on recent developments in the Congress, it may not be necessary to provide for immediate "bridge financing." However, as suggested by members of the legislative budget and audit committee, it is prudent to introduce this bill so that it may serve as the vehicle for addressing any other problems that may arise during the federal budget impasse. 1996-01-08 House Journal Page 2382 HB 402 I urge your favorable consideration of this bill. Sincerely, /s/ Tony Knowles Governor HB 403 HOUSE BILL NO. 403 by Representatives Brown and B.Davis, entitled: An Act relating to consumer protection involving contracts for the sale, transfer, or assignment of used motor vehicles and involving telephonic solicitations. was read the first time and referred to the Transportation, Labor & Commerce, Judiciary and Finance Committees. UNFINISHED BUSINESS HB 63 Representatives Barnes, Willis, Elton and Toohey added their names as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. HB 154 Representatives Kelly, Vezey and Martin added their names as cosponsors to: HOUSE BILL NO. 154 An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a time limit for bringing an action for an unconstitutional state or 1996-01-08 House Journal Page 2383 HB 154 municipal taking of private real property; and providing for an effective date. HB 348 Representatives Kelly and Toohey added their names as cosponsors to: HOUSE BILL NO. 348 An Act requiring that all official interviews with children who are alleged to have been abused or neglected be videotaped or audiotaped. ANNOUNCEMENTS House committee schedules are published daily under separate cover. CBJ reception 5:30 p.m., 1/9 Joint Session Governors State of the State Address 8:00 p.m., 1/9 The following meeting today has been changed as indicated: Budget & Audit Committee TIME CHANGED TO: 1:00 p.m., 1/8 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 9, 1996. There being no objection, the House adjourned at 12:34 p.m.. Suzi Lowell Chief Clerk