Legislature(1995 - 1996)
1996-02-09 House Journal
Full Journal pdf1996-02-09 House Journal Page 2673 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 9, 1996 Thirty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 31 members present. Representatives Barnes, Brice, B.Davis, Foster and Long had been previously excused from a call of the House today. Representative Brown was excused due to illness. Representatives Hanley, Navarre and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Leon Thompson of the Chapel by the Lake Presbyterian Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear God, we take a moment out of our busy day to acknowledge and honor You. You created us, made and molded each of us unique and individual. We thank You for Your creation and continued creativity in each of us. As we embark upon this day help us to be mindful that the one powerful enough to create this world is also powerful enough to walk with us and guide us through the busy activities of our lives. Help us to look toward You in the decisions of our lives and in the work to which weve been called. 1996-02-09 House Journal Page 2674 We thank You that we are not all the same. You created us unique and special. Help us honor that uniqueness in others with respect. May we stand firm in our own convictions and at the same time listening carefully to the convictions of others. When it comes time to make decisions on behalf of the people of this great land may we honor You by doing what we believe to be right and just. We thank You for all of those persons who make up this body and the work to which theyve been called. Help them to find meaning in their work and joy in their decision making, for the work is not easy and the decisions are most often difficult. Help us always to move with the convictions of our conscience, but may our conscience be guided by Your will. We give thanks for this new day and the challenging work that lies before us. This prayer we offer to the one who created us and sustains us. Amen. The Pledge of Allegiance was led by Representative Sanders. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 30th, 31st and 32nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1996-02-09 House Journal Page 2675 MESSAGES FROM THE GOVERNOR SB 166 A message dated February 8, 1996, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 166 am An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date. Chapter No. 1, SLA 1996 Effective Date: February 9, 1996 MESSAGES FROM THE SENATE HJR 38 A message dated February 7, 1996 was read stating the Senate has passed CSHJR 38(FSH) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. CSHJR 38(FSH) is under Unfinished Business. **The presence of Representatives Hanley and Therriault was note not 1996-02-09 House Journal Page 2676 COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Commerce & Economic Development Alaska Industrial Development & Export Authority Alaska Energy Authority Annual Capital Project Status Reports for Bradley Lake Hydroelectric Project Terror Lake Hydroelectric Project Tyee Lake Hydroelectric Project Swan Lake Hydroelectric Project Solomon Gulch Hydroelectric Project (as required by AS 44.83.950(b)) Division of Legislative Audit Legislative Budget and Audit Committee Special Audit Reports (as required by AS 24.20.311) Dept. of Commerce & Economic Development Alaska Tourism Marketing Council August 31, 1995 Dept. of Law Civil Division Administration of Legal Services for State Agencies December 1, 1995 REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Vicki A. Otte as a member of the Alaska Judicial Council; and, 1996-02-09 House Journal Page 2677 Barbara Miklos as a member of the Board of Governors of the Alaska Bar. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for purposes of confirmation. The reports were signed by Representative Green, Vice Chair; and, Representatives Bunde, Finkelstein, Toohey and B.Davis. EO 93 The Community & Regional Affairs Committee has considered: Transferring the responsibility for the Alaska regional economic assistance program from the Dept. of Commerce & Economic Development to the Dept. of Community & Regional Affairs. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (1): Elton No recommendation (4): Austerman, Nicholia, Kott, Ivan The following fiscal notes apply: Zero fiscal note, Dept. of Commerce & Economic Development, 1/8/96 Zero fiscal note, Dept. of Community & Regional Affairs, 1/8/96 EO 93 was referred to the Labor & Commerce Committee. **The presence of Representative Navarre was noted. HB 22 The State Affairs Committee has considered: HOUSE BILL NO. 22 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. 1996-02-09 House Journal Page 2678 HB 22 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Green, Ivan, Willis, Ogan The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/9/96 HB 22 was referred to the Finance Committee. HB 272 The Finance Committee has considered: HOUSE BILL NO. 272 An Act relating to municipal taxation of motor vehicles; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 272(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Grussendorf, Navarre, Kelly, Brown, Foster No recommendation (3): Parnell, Therriault, Kohring The following fiscal notes apply to CHSB 272(FIN): Fiscal note, Dept. of Public Safety, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 HB 272 was referred to the Rules Committee for placement on the calendar. 1996-02-09 House Journal Page 2679 HB 322 The Finance Committee has considered: HOUSE BILL NO. 322 An Act authorizing grants for temporary housing assistance during emergencies and disasters. and recommends it be replaced with: CS FOR HOUSE BILL NO. 322(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Hanley, Martin, Kohring, Grussendorf, Navarre, Brown, Kelly, Therriault, Foster The following fiscal note applies to CSHB 322(FIN): Zero fiscal note, Dept. of Military & Veterans Affairs, 2/9/96 HB 322 was referred to the Rules Committee for placement on the calendar. HB 358 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 358 An Act relating to dog mushers' contests. and recommends it be replaced with: CS FOR HOUSE BILL NO. 358(CRA) (same title) The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (3): Austerman, Nicholia, Ivan 1996-02-09 House Journal Page 2680 HB 358 No recommendation (1): Kott Amend (1): Elton The following fiscal notes apply to CSHB 358(CRA): Zero fiscal note, Dept. of Revenue, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 HB 358 was referred to the Finance Committee. HB 361 The State Affairs Committee has considered: HOUSE BILL NO. 361 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. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Ivan, Willis No recommendation (2): Green, Ogan The following fiscal notes apply: Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Administration, 1/19/96 HB 361 was referred to the Finance Committee. HB 366 The Transportation Committee has considered: HOUSE BILL NO. 366 An Act relating to marine safety training and education programs. 1996-02-09 House Journal Page 2681 HB 366 and recommends it be replaced with: CS FOR HOUSE BILL NO. 366(HES) (same title) The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (3): Williams, Sanders, G.Davis No recommendation (1): Masek The following fiscal note applies to CSHB 366(HES): Zero fiscal note, Dept. of Revenue, 1/31/96 HB 366 was referred to the Finance Committee. HB 391 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 391 An Act relating to succession to assets and liabilities of dissolved municipalities. and recommends it be replaced with: CS FOR HOUSE BILL NO. 391(CRA) An Act relating to succession to assets and liabilities of dissolved municipalities, and to the administration and disposal of certain land of dissolved municipalities. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (3): Kott, Nicholia, Ivan No recommendation (2): Elton, Austerman 1996-02-09 House Journal Page 2682 HB 391 The following fiscal notes apply to CSHB 391(CRA): Zero fiscal note, Dept. of Law, 2/9/96 Zero fiscal note, Dept. of Natural Resources, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 HB 391 was referred to the Judiciary Committee. HB 433 The State Affairs Committee has considered: HOUSE BILL NO. 433 An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. The report was signed by Representatives James, Chair, with the following individual recommendations: Do pass (2): James, Green No recommendation (2): Willis, Ogan The following fiscal notes apply: Zero fiscal note, Dept. of Corrections, 2/9/96 Zero fiscal note, Dept. of Public Safety, 1/19/96 Zero fiscal note, Dept. of Law, 1/19/96 Zero fiscal note, Dept. of Commerce & Economic Development, 1/19/96 Zero fiscal notes (2), Dept. of Administration, 1/19/96 HB 433 was referred to the Judiciary Committee. 1996-02-09 House Journal Page 2683 HB 446 The Judiciary Committee has considered: HOUSE BILL NO. 446 An Act requiring home rule municipalities to bring actions for certain injunctive relief relating to nuisances. The report was signed by Representative Green, Vice Chair, with the following individual recommendations: Do pass (3): Green, Bunde, Toohey No recommendation (1): Finkelstein The following fiscal note applies: Zero fiscal note, Dept. of Law, 2/9/96 HB 446 was referred to the Rules Committee for placement on the calendar. SB 131 The Labor & Commerce Committee has considered: SENATE BILL NO. 131 An Act relating to investments by fiduciaries. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Elton, Kubina No recommendation (4): Rokeberg, Masek, Sanders, Kott The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/96 SB 131 was referred to the Finance Committee. 1996-02-09 House Journal Page 2684 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Hoonah Braves Girls Basketball Team, 1996 Region V, Class 2A Tournament Champions By Representative Mackie; Senator Zharoff Honoring - Klawock Chieftains Girls Basketball Team, 1996 State Class 1A Tournament Champions By Representative Mackie; Senator Zharoff Honoring - Craig Panthers Boys Basketball Team, 1996 Region V, 1A Tournament Champions By Representative Mackie; Senator Zharoff Honoring - Yakutat Eagles Boys Basketball Team, 1996 Region V, Class 2A Tournament Champions By Representative Mackie; Senator Zharoff Honoring - American Council of Young Political Leaders, Delegation from the Philippines By Representative Hanley; Senators Ellis, Pearce Honoring - Haines Glacier Bears Boys Basketball Team, 1996 Region V, 3A Tournament Champions By Representative Mackie; Senator Zharoff Honoring - Brigadier General Mitchell E. Abood, Jr. By Representative Hanley Honoring - Dimond High School Boys and Girls, Swimming and Diving Teams, 1995 State Champions By Representative Hanley Honoring - Lance Mark Necessary, Eagle Scout By Representatives Navarre, Phillips, G.Davis; Senator Salo 1996-02-09 House Journal Page 2685 Honoring - Ninilchik Wolverines Girls Basketball Team, 1995-96 Class 2A State Champions By Senators Torgerson, Leman Honoring - Juneau Lions Club, Gold Medal Basketball Tournament, 50 Years By Senators Zharoff, Duncan, Taylor Honoring - The Midtown Park and Trail Steering Committee By Senators Donley, Ellis; Representatives Brown, Porter Honoring - Tessa Walker, Miss National Pre-Teen Princess, 1995 By Senator Leman Honoring - Ruth Moulton, Outstanding Community Service By Senator Ellis In Memoriam - George M. Morrie Wilkins By Representative Toohey In Memoriam - Reverend Felton H. Griffin By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 by Representative Ivan: Relating to creation of the Public Inebriate Task Force. was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1996-02-09 House Journal Page 2686 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 480 HOUSE BILL NO. 480 by Representative Therriault, entitled: An Act relating to physician assistants, including the treatment of their services under group health insurance policies. was read the first time and referred to the Health, Education & Social Services Committee. HB 481 HOUSE BILL NO. 481 by Representatives Masek, Kohring and Ogan, entitled: An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty when certain of those murders are committed against children; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure. was read the first time and referred to the State Affairs and Judiciary Committees. HB 482 HOUSE BILL NO. 482 by the House Rules Committee by request of the Governor, entitled: An Act relating to state procurement practices and procedures; and providing for an effective date. was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. 1996-02-09 House Journal Page 2687 HB 482 The following fiscal notes apply: Fiscal note, Dept. of Administration, 2/9/96 Fiscal note, Dept. of Transportation & Public Facilities, 2/9/96 Zero fiscal notes (2), Dept. of Administration, 2/9/96 Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Corrections, 2/9/96 Zero fiscal note, Dept. of Education, 2/9/96 Zero fiscal note, Dept. Of Environmental Conservation, 2/9/96 Zero fiscal note, Dept. of Fish & Game, 2/9/96 Zero fiscal note, Office of the Governor, 2/9/96 Zero fiscal note, Dept. of Health & Social Services, 2/9/96 Zero fiscal note, Dept. of Labor, 2/9/96 Zero fiscal note, Dept. of Law, 2/9/96 Zero fiscal note, Dept. of Military & Veterans Affairs, 2/9/96 Zero fiscal note, Dept. of Natural Resources, 2/9/96 Zero fiscal note, Dept. of Public Safety, 2/9/96 Zero fiscal note, Dept. of Revenue, 2/9/96 Zero fiscal note, University of Alaska, 2/9/96 The Governor's transmittal letter, dated February 9, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that proposes to change state procurement practices to make them more efficient, effective and economic while preserving public accountability. Todays rapidly changing business environment, coupled with declining state revenue, underscores the importance of streamlining our administrative practices. This bill responds to that need by reducing costs, simplifying procurement practices, focusing on results, and empowering procurement officers to make sound purchasing decisions. The proposed revisions to the state procurement code set out in this bill are the result of recommendations made by the statewide Procurement Advisory Council, formed by the Department of 1996-02-09 House Journal Page 2688 HB 482 Administration, to review and streamline statewide procurement practices. The council is made up of private, state and University of Alaska procurement professionals, vendors and small business advocates. Critics rightfully argue that government procurement is not getting the best value for the public. Some current practices impede an agencys ability to accomplish its business, and are not efficient. This bill seeks to correct these problems by simplifying acquisition of office leases under 5,000 square feet and giving procurement officers the discretion to shorten the solicitation process when adequate competition exists along with the ability to enter into a single source contract when in the best interest of the state. This bill also would allow state agencies, including the legislative council, University of Alaska and state Supreme Court, to enter into or renew lease-purchase agreements for real property without legislative approval if the annual payment does not exceed $500,000 and total lease-purchase payments do not exceed $2.5 million. This mirrors the threshold lease rates in current statute for which no legislative approval is needed. And this proposal simplifies small procurements by increasing their dollar limit to the levels set in the Federal Acquisition Streamlining Act of 1994. This bill will result in cost savings for the state because of streamlined acquisition methods and more economic contracts that will allow for lease extensions in return for rent concessions; purchases from General Services Administration supply schedules as authorized in the Federal Acquisition Streamlining Act of 1994; and prevention of preference brokering that adds cost to contracts without adding value. Contractors and bidders have been critical of the costly and time- consuming protest process under the current procurement code. This bill allows a simplified protest process for small procurement to provide more immediate and less costly redress of procurement actions. The procurement process is often identified as a barrier to accomplishing the states business. This bill establishes an innovative procurement track allowing the purchase of new, unique services or supplies or technologies in controlled circumstances without strict 1996-02-09 House Journal Page 2689 HB 482 adherence to the formal invitation to bid or competitive sealed proposal rules. This permits and encourages a tailored, innovative solution aimed at reducing costs and improving results. This provision also looks to the future through a reporting mechanism that will allow procurement officers to see what works and doesnt work in applying this process for purchasing new services and supplies. That will help build better, faster, and cheaper solutions for tomorrows procurement culture. Integrity, competition, and accountability must remain at the very core of our procurement process. With increased discretion for procurement officers, increased accountability is also expected. Anyone making a false statement or providing false evidence in the alternate source selection process would be guilty of a class A misdemeanor. The changes offered in this bill simplify and streamline state procurement practices and will result in more efficiency and cost savings in the acquisition of services and supplies. I urge your support of this bill. Sincerely, /s/ Tony Knowles Governor HB 483 HOUSE BILL NO. 483 by the House Rules Committee by request of the Governor, entitled: An Act relating to the calculation of unemployment insurance benefits; and providing for an effective date. was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. 1996-02-09 House Journal Page 2690 HB 483 The following fiscal note applies: Fiscal note, Dept. of Labor/All Departments, 2/9/96 The Governor's transmittal letter, dated February 9, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill increasing unemployment insurance benefits. For years the unemployment insurance system has enabled Alaska workers, their families, and their communities to weather periods of unemployment with their economic well-being and dignity intact. Recent events in Sitka and Wrangell, as well as in other areas of the state affected by plant closures or layoffs, have demonstrated all too well the importance of this safety net for our working men and women. The schedule of benefits for unemployment insurance has not been adjusted to increase the maximum weekly benefit amount since 1990. Alaska currently ranks 49th in the nation in unemployment insurance wage replacement, with the average weekly benefit amount only slightly more than 27 percent of the average weekly wage for the state. In terms of the maximum weekly benefit amount, Alaska ranks 35th in the nation, notwithstanding the higher cost of living here. The current benefit schedule uses a workers yearly wage to determine the weekly benefit amount. The minimum qualifying wage amount is $1,000, which provides a weekly unemployment insurance benefit amount of $44. For each $250 a worker earns over $1,000, two dollars is added to the benefit amount. Weekly benefits are now capped at $212 based on maximum wages of $22,250. This bill would keep the current benefit schedule in place but would replace the current fixed cap with a flexible cap. The new cap on wages would be 75 percent of the average annual Alaska wage, exactly the same as the wage base on which employers and workers are taxed to support the system. Bringing the maximum qualifying wages up to 1996-02-09 House Journal Page 2691 HB 483 the wage base would raise the maximum benefit amount from $212 to $238 in 1997. The average cost to employers in the year 2000 will be approximately one dollar per employee per week. Thirty-five states use a flexible benefits standard driven by changes in the average weekly wage. The advantage of such a system is that it integrates the benefit standard into the self-adjusting unemployment trust fund formula, which is directly tied to the performance of the state's economy. As average wages rise, the standard for unemployment insurance benefits keeps pace in terms of income replacement. If wages fall, as they did during the 1986-1987 recession, the maximum weekly benefit decreases, and the employer tax burden decreases. I want to emphasize that this is a modest proposal. The bill would raise Alaskas wage replacement less than one percent. While not enough to change our wage replacement ranging among the states, this small change would provide a measure of additional security to Alaskas average wage earners and help slow the erosion of purchasing power during hard times. As we work together to strengthen Alaska's economy to provide quality jobs for Alaska's families and to move certain low-income people from welfare to work, we must ensure that there is an adequate safety net in place to allow unemployed workers sufficient finances to remain in their homes, in their communities, and in Alaska until they are reemployed. I urge your support of this important legislation as a matter of fairness and equity for Alaska workers and businesses. Sincerely, /s/ Tony Knowles Governor HB 484 HOUSE BILL NO. 484 by Representatives Therriault and Kelly, entitled: 1996-02-09 House Journal Page 2692 HB 484 An Act relating to enforcement of restitution orders entered against minors. was read the first time and referred to the Judiciary Committee. HB 485 HOUSE BILL NO. 485 by Representatives Martin and Elton, entitled: An Act relating to interference with the distribution or reading of free newspapers or other free periodicals. was read the first time and referred to the State Affairs and Judiciary Committees. HB 486 HOUSE BILL NO. 486 by Representatives Therriault and Kelly, entitled: An Act relating to the fish and game fund; amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. HB 487 HOUSE BILL NO. 487 by Representative Robinson, entitled: An Act amending the Uniform Residential Landlord and Tenant Act and the civil remedy of forcible entry and detainer as they relate to mobile home park operators and mobile home park dwellers and tenants. was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. 1996-02-09 House Journal Page 2693 HB 488 HOUSE BILL NO. 488 by Representative Long, entitled: An Act relating to matching funds requirements for municipal school construction grants. was read the first time and referred to the Community & Regional Affairs, Health, Education & Social Services and Finance Committees. HB 489 HOUSE BILL NO. 489 by Representative Rokeberg, entitled: An Act regulating auctions and auctioneers; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 490 HOUSE BILL NO. 490 by Representatives B.Davis and Robinson, entitled: An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. HB 491 HOUSE BILL NO. 491 by the House Rules Committee by request of the Governor, entitled: An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; and providing for an effective date. 1996-02-09 House Journal Page 2694 HB 491 was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal note applies: Indeterminate fiscal note, Dept. of Natural Resources, 2/9/96 The Governor's transmittal letter, dated February 9, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec 18, of the Alaska Constitution, I am transmitting a bill relating to changes in state recording laws administered by the Department of Natural Resources. This bill clarifies the criteria for the recording of documents by the department and provides changes to improve the efficiency of the recording function, a service that is provided to all Alaskans through recording offices located in fourteen rural and urban locations across the state. Comprehensive changes were made to recording laws in 1988. A number of provisions were consolidated and a classification system identifying documents eligible for recording was enacted. In practice, this system has required significant staffing time to determine whether a document offered for recording falls within one or more of the specific statutory classifications. Further, because of the ambiguities in the current recording statutes, recording staff have frequently had to step beyond mere ministerial functions when processing documents in an effort to apply the current cumbersome statutory language. The changes proposed in this bill permit the recording of any document that meets the minimum requirements necessary. Additional specific acceptance requirements apply only to a limited number of documents, such as conveyances and subdivision plats. Some minor changes regarding filings under the Uniform Commercial Code (UCC) are also addressed. The bill adds a provision requiring the maintenance of a central office within the Department of Natural Resources for the filing of secured transaction documents under the UCC. 1996-02-09 House Journal Page 2695 HB 491 The bill also repeals several obsolete or redundant provisions including one concerning duplicate copies of documents relating to mining properties; a provision regarding indexing of common interest community documents; and a provision requiring reports to the Department of Commerce and Economic Development concerning conveyances to nonresident aliens. By removing such ambiguities and conflicts within the current recording statutes, this bill will streamline the workflow of the recording process and reduce the amount of time currently spent reviewing documents offered for recording. This will also reduce the numbers of documents that are rejected. These proposed efficiencies will enable the recording system to direct necessary resources to the archival projects now underway to improve the permanent public records for the benefit of future generations of Alaskans. I urge your passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 492 HOUSE BILL NO. 492 by the House Rules Committee by request of the Governor, entitled: An Act relating to the four dam pool transfer fund and the power development fund. was read the first time and referred to the Community & Regional Affairs, Labor & Commerce, Resources and Finance Committees. The following fiscal notes apply: Fiscal notes (3), Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/96 1996-02-09 House Journal Page 2696 HB 492 The Governor's transmittal letter, dated February 9, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill modifying the distribution of money from the four dam pool transfer fund and making necessary changes to the power development fund. These changes are needed to allow the Alaska Energy Authority (AEA) to issue bonds for needed repairs to the four dam pool projects. The Tyee transmission line links the communities of Wrangell and Petersburg to the Tyee Lake hydroelectric project. The transmission line has been out of operation on three occasions over the last several years because of significant deficiencies in the line. Repairs are immediately needed to ensure that the line can operate without a catastrophic failure. In addition, repairs are required to the Terror Lake hydroelectric project power tunnel. Due, at least in part, to design deficiencies, the Terror Lake power tunnel has not performed in accordance with reasonable standards. Under the long-term power sales agreement between the AEA and the purchasing utilities of the four dam pool, the required repairs to the Tyee transmission line and some of the repairs to the Terror Lake power tunnel are obligations of the AEA. Under the agreement, the utilities make annual debt service payments to the state. Over the past several years, these payments have amounted to between $8 million and $11 million annually. The utilities may reduce or withhold this payment, however, if the AEA lacks sufficient money to fulfill its obligations under the agreement. The ability to withhold payment is generally referred to as the utilities self-help right. Since the Tyee transmission line repairs and some of the Terror Lake tunnel repairs are obligations of the AEA, the purchasing utilities could withhold the annual debt service payment to provide money for these repairs. In fact, under a settlement agreement with AEA, the purchasing utilities invoked their self-help right last fiscal year and withheld $4 million to conduct engineering for the required repairs. 1996-02-09 House Journal Page 2697 HB 492 The debt service payment made by the utilities is deposited into the four dam pool transfer fund. Under current law, subject to appropriation, 40 percent of the balance in the four dam pool transfer fund is transferred to the power cost equalization and rural electric capitalization fund; 40 percent goes to the Southeast energy fund; and 20 percent goes to the power project fund. AEA intends to issue up to $25 million of bonds to finance the immediately needed Tyee transmission line repairs and the obligations of the AEA with respect to the Terror Lake power tunnel for these repairs. That would prevent the utilities from withholding their debt service payments. Under existing law, AEA has the authority to issue these bonds and they may carry the moral obligation of the state. The bonds will have a term of no more than 25 years. Annual payments are estimated at between $3 million and $5 million and will begin no later than July 1, 1998. The purpose of the deferral of bond payments to July 1, 1998, is to give the AEA time to develop a long-term plan for the four dam pool facilities. The AEA is currently negotiating to sell the dams to the utilities. If the sales take place, the bonds will be paid off before any debt service payments are due. In order to make the proposed bonds marketable, bond investors must be assured that a secure revenue source is available for the debt service on the bonds. There are two critical elements to ensure this secure revenue source. First, the utilities must limit the self-help right under the power sales agreement to guarantee that a sufficient payment is made to the AEA to cover the debt service. In that regard, the four dam pool project management committee and the AEA entered into an agreement whereby the utilities will limit their self-help right. The second critical element is to ensure that the first call on the payments made by the utilities is for the debt service related to the bond issue. This bill accomplishes that second critical element. Section 1 of the bill modifies current law so that, subject to appropriation, an amount necessary to cover the debt service on the loans or bonds will be transferred from the four dam pool fund to the AEA power development fund. Section 2 of the bill clarifies that 1996-02-09 House Journal Page 2698 HB 492 money in the AEA power development fund can also be used for repairing and improving power projects constructed or acquired before August11, 1993. This bill will allow the immediately needed repairs on the four dam pool facilities to go forward. Meanwhile, discussions will continue with the utilities to develop a long-term solution to the financing and economic needs of the projects. I urge your passage of this bill. Sincerely, /s/ Tony Knowles Governor HB 493 HOUSE BILL NO. 493 by Representative Ivan, entitled: An Act relating to involuntary commitment for alcoholism or drug abuse. was read the first time and referred to the Judiciary and Finance Committees. HB 494 HOUSE BILL NO. 494 by Representative Vezey, entitled: An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas; and amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure. was read the first time and referred to the Resources and Judiciary Committees. HB 495 HOUSE BILL NO. 495 by Representative Green, entitled: 1996-02-09 House Journal Page 2699 HB 495 An Act amending the Election Code to provide that voters be permitted to register opposition to all candidates in certain election contests. was read the first time and referred to the State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 379 The following was read the second time: HOUSE BILL NO. 379 An Act authorizing establishment of alternative dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims. with the: Journal Page JUD RPT CS(JUD) NT 7DP 2504 ZERO FISCAL NOTES (COURT, ADM-2, HES) 2505 ZERO FISCAL NOTE (LAW) 2505 FIN REFERRAL WAIVED 2585 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 379(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB379(JUD) be considered engrossed, advanced to third reading and placed on final passage. 1996-02-09 House Journal Page 2700 HB 379 Representative Davies objected. The Speaker stated that CSHB 379(JUD) will be in third reading on the February 12, 1996, calendar. HB 392 The following was read the second time: HOUSE BILL NO. 392 An Act relating to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. with the: Journal Page CRA RPT 2DP 2NR 2462 2 ZERO FNS (DHSS, DCRA) 2462 JUD RPT 4DP 2566 2 ZERO FNS (DCED*, DCRA) 1/17/96 2566 DCED PREVIOUSLY NOTED AS DHSS FN 2566 FIN REFERRAL WAIVED 2613 Amendment No. 1 was offered by Representative Ivan: Page 1, line 1, following "relating" (title amendment): Insert "to the reinstatement of dissolved Native village corporations, and" Page 1, line 5, following "* Section 1.": Insert "AS10.06.960 is amended by adding a new subsection to read: (l) Notwithstanding (i) of this section and AS10.06.633(e), a corporation that is organized as a Native village corporation under the act, that has been involuntarily dissolved by the commissioner under AS10.06.633, and that has failed to apply for reinstatement during the period established under AS10.06.633(e) may be reinstated under AS10.06.633(e) within one year after the effective date of this Act. The reinstated corporation and its shareholders have all of the rights, privileges, liabilities, and 1996-02-09 House Journal Page 2701 HB 392 obligations that would have applied to them if the corporation had not been dissolved, and all corporate and shareholder actions taken during the period of dissolution are considered to be as valid as if dissolution had not occurred. * Sec. 2." Representative Ivan moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: HOUSE BILL NO. 392 am An Act relating to the reinstatement of dissolved Native village corporations, and to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. The Speaker stated that HB 392 am will be in third reading on the February 12, 1996, calendar. HB 419 The following was read the second time: HOUSE BILL NO. 419 An Act relating to the disposal of firearms and ammunition by the state or a municipality. with the: Journal Page STA RPT CS(STA) NT 3DP 1DNP 3NR 2567 FISCAL NOTE (ADM) 2568 ZERO FISCAL NOTE (DPS) 2568 JUD RPT CS(STA) NT 4DP 1DNP 2AM 2646 FISCAL NOTE (ADM) 1/30/96 2647 ZERO FISCAL NOTE (DPS) 1/30/96 2647 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1996-02-09 House Journal Page 2702 HB 419 CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition. There being no objection, it was so ordered. The Speaker stated that CSHB 419(STA) will be in third reading on the February 12, 1996, calendar. THIRD READING OF HOUSE BILLS HB 212 The following, which was advanced to third reading from the February7, 1996, calendar (page 2660), was read the third time: CS FOR HOUSE BILL NO. 212(FIN) An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land. The question being: Shall CSHB 212(FIN) pass the House? The roll was taken with the following result: CSHB 212(FIN) Third Reading Final Passage YEAS: 30 NAYS: 3 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Davies, Elton, Finkelstein Excused: Barnes, Brice, Brown, B.Davis, Foster, Long Absent: Kubina 1996-02-09 House Journal Page 2703 HB 212 And so, CSHB 212(FIN) passed the House. Representative Davies gave notice of reconsideration of his vote on CSHB 212(FIN). HB 308 The following, which was advanced to third reading from the February7, 1996, calendar (page 2662), was read the third time: CS FOR HOUSE BILL NO. 308(JUD) An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; relating to the Uniform Simultaneous Death Act; and providing for an effective date. The question being: Shall CSHB 308(JUD) pass the House? The roll was taken with the following result: CSHB 308(JUD) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Bunde, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, Brice, Brown, B.Davis, Foster, Long And so, CSHB 308(JUD) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 308(JUD) was referred to the Chief Clerk for engrossment. 1996-02-09 House Journal Page 2704 HB 314 The following, which was advanced to third reading from the February7, 1996, calendar (page 2663), was read the third time: CS FOR HOUSE BILL NO. 314(JUD) am An Act relating to domestic violence and to crime victims and witnesses; and amending Rule 613, Alaska Rules of Evidence. The question being: Shall CSHB 314(JUD) am pass the House? The roll was taken with the following result: CSHB 314(JUD) am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Bunde, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, Brice, Brown, B.Davis, Foster, Long Absent: Kohring And so, CSHB 314(JUD) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. CSHB 314(JUD) am was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1996-02-09 House Journal Page 2705 Honoring - Sherrie Markin Goll By Senator Ellis; Representatives Robinson, Phillips, Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott, Kubina, Mackie, Navarre, Nicholia, Sanders, Toohey, Willis Honoring - Patrick L. Sharrock By Senator Taylor; Representatives Phillips, Elton, Finkelstein, Foster, Hanley, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Willis Honoring - Family Child Care Week, March 18-23, 1996 By Senator Leman; Representatives Phillips, Austerman, Brown, Elton, Finkelstein, Foster, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Donald Smokey Schroeder By Representatives Willis, Phillips, Brice, Davies, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senators Halford, Phillips In Memoriam - Clarence Mead Wren By Representatives Ivan, Phillips, Davies, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Hoffman In Memoriam - Henry I. Temple By Representatives Ivan, Phillips, Davies, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Hoffman In Memoriam - Tom Bavilla, Sr. By Representatives Ivan, Phillips, Davies, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Hoffman In Memoriam - Harold Herning By Representatives Vezey, Brice, James, Therriault, Davies, Phillips, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senators Frank, Miller, Sharp 1996-02-09 House Journal Page 2706 In Memoriam - Anthony W. Tony Thomas By Senator Duncan; Representatives Elton, Robinson, Phillips, Brice, Davies, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Sanders, Toohey, Willis UNFINISHED BUSINESS 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 Green - from 6:00 p.m., February 11 to 1:50 p.m., February 12, 1996; and, from 6:00 p.m., February 21 to 9:30 p.m., February 26, 1996 Representative Davies - from 12:30 p.m., February 9 to 9:30 a.m., February 12, 1996 Representative Ivan - from 9:15 a.m., February 12 to 12:00 p.m., plane time, February 12, 1996 Representative Phillips - from 6:30 a.m., February 16 to 6:10 p.m., plane time, February 17, 1996 Representative Therriault - from 6:05 p.m., February 9 to 9:30 a.m., plane time, February 12, 1996 Representative Mackie - from 6:00 a.m., February 16 to 9:30 p.m., plane time, February 18, 1996 HCR 24 Representative Mulder moved and asked unanimous consent that the reconsideration (page 2664) of the following be held to February 12, 1996: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(L&C) Relating to student loan default rates at vocational education schools. There being no objection, it was so ordered. 1996-02-09 House Journal Page 2707 HJR 52 Representative Green added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 52 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. HJR 54 Representative Ogan added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 54 Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. HB 22 Representative Ivan added his name as cosponsor to: HOUSE BILL NO. 22 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. HB 308 Representative Therriault added his name as cosponsor to: CS FOR HOUSE BILL NO. 308(JUD) An Act relating to the Uniform Probate Code, including nonprobate transfers, guardianships, trusts, and multiple-party accounts; relating to the Uniform Simultaneous Death Act; and providing for an effective date. HB 379 Representatives Bunde, Toohey and Therriault added their names as cosponsors to: 1996-02-09 House Journal Page 2708 HB 379 CS FOR HOUSE BILL NO. 379(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims. HB 392 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 392 am An Act relating to the reinstatement of dissolved Native village corporations, and to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. HB 419 Representatives Bunde and Williams added their names as cosponsors to: CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition. HB 469 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 469 An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. SB 190 Representative Williams added his name as cross sponsor to: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. 1996-02-09 House Journal Page 2709 ENGROSSMENT HB 308 CSHB 308(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 314 CSHB 314(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 30 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:50 a.m., February 9, 1996: HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Personal Bill Deadline 9:00 a.m., 2/12 Chief Clerk's office will be open 10:00 a.m. - 5:00 p.m., 2/10-11 The following meeting today has been changed as indicated: Finance Committee 1:30 p.m., 2/9 meeting CANCELLED 1996-02-09 House Journal Page 2710 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 12, 1996. There being no objection, the House adjourned at 11:17 a.m. Suzi Lowell Chief Clerk