Legislature(1997 - 1998)
1997-01-13 House Journal
Full Journal pdf1997-01-13 House Journal Page 0001 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday January 13, 1997 First Day Pursuant to the provisions of the Constitution of the State of Alaska, the Uniform Rules of the Alaska State Legislature, and AS 24.05.160, the House of Representatives of the State of Alaska assembled in the House Chamber for the First Regular Session of the Twentieth Alaska State Legislature, January 13, 1997 at 10:05 a.m., and was called to order by the Honorable Fran Ulmer, Lieutenant Governor. Representative Porter moved and asked unanimous consent that Representative Kohring be excused for medical reasons until further notice. There being no objection, it was so ordered. An Honor Guard from the Tongass Alaska Girl Scouts composed of Jenifer Stevenson, Lauren Hale, Viki Hale, Heather Mahr, Kaitlin Mahr, Kelly Dore, Brittany Buell, Casey Guertin, Heather McKee, Claire Gross and Sarah Ginter presented the colors and led the Pledge of Allegiance. Billie Ann Van Hall, Clay Cummins, Cory Cummins, Delton Cummins, Fredrika Cummins and Teresa Cummins of Arise! from the Church of Nazarene, performed the Alaska Flag Song. The invocation was offered by the Chaplain, The Most Reverend Michael Warfel, Bishop of the Roman Catholic Church, Diocese of Juneau. Representative Porter moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Eternal and most holy God, Your years are from everlasting to everlasting. You transcend space and time and yet involve Yourself in every present moment. 1997-01-13 House Journal Page 0002 At the beginning of this legislative session, empower these legislators to see and to view life as a gift, a gift given in trust from You. Take their eyes and enable them to see goodness. Take their hearts and allow them to feel some individual's pain. Take their hands and use them in creative ways in lifting someone's burden. Take their minds and engage all of it for Your glory. Give them the desire to make the collective needs of all Alaskans their first priority. May they be wise, visionary and just as they serve the people of Alaska. Lieutenant Governor Ulmer read the following Certificate of Elections: CERTIFICATE TO ALL WHO SHALL SEE THESE PRESENTS, GREETINGS: I, SANDRA J. STOUT, DIRECTOR OF ELECTIONS FOR THE STATE OF ALASKA, DO HEREBY CERTIFY THAT the following candidates were elected to the State House of Representatives at the General Election held on the 5th day of November, 1996, in the State of Alaska, as shown by the official certification of the State Review Board as provided by AS 15.15.450. DISTRICT 1 WILLIAM WILLIAMS DISTRICT 2 BEN GRUSSENDORF DISTRICT 3 KIM ELTON DISTRICT 4 BILL HUDSON DISTRICT 5 ALBERT M. KOOKESH DISTRICT 6 ALAN AUSTERMAN DISTRICT 7 GAIL PHILLIPS DISTRICT 8 GARY DAVIS DISTRICT 9 MARK HODGINS 1997-01-13 House Journal Page 0003 DISTRICT 10 JOSEPH GREEN DISTRICT 11 NORMAN ROKEBERG DISTRICT 12 MARK HANLEY DISTRICT 13 ETHAN BERKOWITZ DISTRICT 14 TERRY MARTIN DISTRICT 15 ERIC C. CROFT DISTRICT 16 J. ALLEN KEMPLEN DISTRICT 17 JOHN J. COWDERY DISTRICT 18 CON BUNDE DISTRICT 19 JERRY SANDERS DISTRICT 20 BRIAN S. PORTER DISTRICT 21 JOE RYAN DISTRICT 22 RAMONA L. BARNES DISTRICT 23 ELDON MULDER DISTRICT 24 PETE KOTT DISTRICT 25 FRED DYSON DISTRICT 26 VIC KOHRING DISTRICT 27 SCOTT OGAN DISTRICT 28 BEVERLY L. MASEK DISTRICT 29 JOHN DAVIES DISTRICT 30 TOM BRICE 1997-01-13 House Journal Page 0004 DISTRICT 31 PETE KELLY DISTRICT 32 AL VEZEY DISTRICT 33 GENE THERRIAULT DISTRICT 34 JEANNETTE A. JAMES DISTRICT 35 EUGENE G. KUBINA DISTRICT 36 IRENE K. NICHOLIA DISTRICT 37 REGGIE JOULE DISTRICT 38 RICHARD FOSTER DISTRICT 39 IVAN M. IVAN DISTRICT 40 CARL E. MOSES IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed hereto the Seal of the State of Alaska, at Juneau, the Capital, this 27th day of November, A.D. 1996, Dana LaTour, Acting Director of the Division of Elections Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 1 William Williams District 2 Ben Grussendorf District 3 Kim Elton District 4 Bill Hudson District 5 Albert M. Kookesh Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: 1997-01-13 House Journal Page 0005 District 6 Alan Austerman District 7 Gail Phillips District 8 Gary Davis District 9 Mark Hodgins District 10 Joseph Green Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 11 Norman Rokeberg District 12 Mark Hanley District 13 Ethan Berkowitz District 14 Terry Martin District 15 Eric C. Croft Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 16 J. Allen Kemplen District 17 John J. Cowdery District 18 Con Bunde District 19 Jerry Sanders District 20 Brian S. Porter Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 21 Joe Ryan District 22 Ramona L. Barnes District 23 Eldon Mulder District 24 Pete Kott District 25 Fred Dyson 1997-01-13 House Journal Page 0006 Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 26 Vic Kohring (excused) District 27 Scott Ogan District 28 Beverly Masek District 29 John Davies District 30 Tom Brice Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 31 Pete Kelly District 32 Al Vezey District 33 Gene Therriault District 34 Jeannette James District 35 Gene Kubina Lieutenant Governor Ulmer administered the oath of office to the members. Lieutenant Governor Ulmer requested that the following members come forward to take the oath of office: District 36 Irene Nicholia District 37 Reggie Joule District 38 Richard Foster District 39 Ivan Ivan District 40 Carl Moses Lieutenant Governor Ulmer administered the oath of office to the members. 1997-01-13 House Journal Page 0007 SPEAKER PRO TEMPORE Representative Porter moved and asked unanimous consent that Representative Foster be nominated as Speaker Pro Tempore. There being no objection, the nominations were closed and Representative Foster was elected Speaker Pro Tempore. Lieutenant Governor Ulmer appointed Representatives James and Kubina to escort Representative Foster, Speaker Pro Tempore, to the Chair. Representatives Kubina and James escorted Lieutenant Governor Ulmer from the Chamber. Speaker Pro Tempore Foster stated that, according to AS 24.05.120, the Uniform Rules in effect during the previous legislature serve as the rules of the legislature until adoption of permanent rules. SPEAKER Representative Porter nominated Representative Phillips as Speaker of the House and moved and asked unanimous consent that nominations be closed. The question being: Shall Representative Phillips be elected Speaker of the House? The roll was taken with the following result: Speaker of the House Representative Gail Phillips YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Kohring 1997-01-13 House Journal Page 0008 And so, Representative Phillips was elected Speaker of the House of the Twentieth Alaska State Legislature. Representative Foster appointed Representatives Barnes and Grussendorf to escort the Speaker to the Chair. The Speaker recognized the new members of the House. The Speaker's opening remarks will be published in House Journal Supplement No. 1. Representative Kubina, on behalf of the House Minority, congratulated the Speaker on her appointment. The Speaker appointed the following members to the Committee on Committees: Representative Phillips, Chair Representative Porter Representative Green Representative Barnes Representative Kott Representative Kubina Representative Elton *** The Speaker appointed Representatives Porter and Kubina to advise the Governor that the House is in session and ready to do business. The Speaker appointed Representatives Masek and Joule to advise the Senate that the House is in session and ready to do business. Representative Porter moved and asked unanimous consent that the House recess for 10 minutes. There being no objection, the House recessed at 10:37 a.m. AFTER RECESS The Speaker called the House back to order at 10:56 a.m. A quorum call showed 37 members present. 1997-01-13 House Journal Page 0009 Representative Porter reported that the Governor had been notified that the House is in session and ready to do business. **The presence of Representatives Joule and Masek was noted. A delegation from the Senate, composed of Senators Phillips and Hoffman, reported that the Senate is organized and ready to do business. Representative Masek reported that the Senate had been notified that the House is in session and ready to do business. The Speaker stated that, without objection, the House would move down the calendar to: REPORTS OF SPECIAL COMMITTEES The following report of the Committee on Committees, dated January 13, 1997, was received: The Committee on Committees has met, and submits the following names of representatives to serve on the respective committees: Rules: Kott, Chair; Phillips, Porter, Vezey, Williams, Elton, Nicholia Community & Regional Affairs: Ivan, Chair; Dyson, Ogan, Ryan, Sanders, Kookesh, Joule Judiciary: Green, Chair; Bunde, Vice Chair; Porter, Rokeberg, James, Croft, Berkowitz Resources: Hudson and Ogan, Co-chairs; Masek, Vice Chair; Barnes, Dyson, Green, Williams, Nicholia, Joule State Affairs: James, Chair; Vezey, Hodgins, Dyson, Ivan, Berkowitz, Elton Finance: Hanley and Therriault, Co-chairs; Mulder, Vice Chair; Davis, Foster, Kelly, Kohring, Martin, Grussendorf, Davies, Moses 1997-01-13 House Journal Page 0010 Health, Education & Social Services: Bunde, Chair; Green, Vice Chair; Vezey, Porter, Dyson, Kemplen, Brice Labor & Commerce: Rokeberg, Chair; Cowdery, Hudson, Sanders, Ryan, Croft, Kubina Transportation: Williams, Chair; Masek, Vice Chair; Cowdery, Hudson, Sanders, Elton, Kookesh House Special Committee on Oil and Gas (HR 5): Hodgins, Chair; Ogan, Rokeberg, Ryan, Bunde, Brice, Kemplen House Special Committee on Economic Development (HR 1): Sanders, Chair; Hodgins, Ivan, Williams, Austerman, Kemplen, Berkowitz House Special Committee on International Trade & Tourism (HR 3): Cowdery, Chair; Barnes, Mulder, Kott, Phillips, Joule, Kubina House Special Committee on Fisheries (HR 6): Austerman, Chair; Ivan, Hodgins, Ogan, Kubina House Special Committee on Military & Veterans' Affairs (HR 4): Masek, Chair; Ryan, Kott, Mulder, Foster, Joule, Nicholia House Special Committee on World Trade and State/Federal Relations (HR 2): Barnes, Chair; Austerman, Vice Chair; Kott, Cowdery, Phillips, Nicholia, Kubina Legislative Budget & Audit: Martin, Vice Chair; Bunde, James, Therriault, Croft, Hanley (alternate) Legislative Council: Barnes, Chair; Phillips, Kott, Porter, Ogan, Masek, Kubina Committee on Committees: Phillips, Chair; Green, Barnes, Kott, Porter, Kubina, Elton Administrative Regulation Review: James, Chair; Austerman, Croft The report was signed by Representative Phillips, Chair; and Representatives Porter, Kott, Green, Barnes, Kubina and Elton 1997-01-13 House Journal Page 0011 Representative Porter moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. Representative Kott moved and asked unanimous consent that the House advance to Unfinished Business. There being no objection, the House advanced to: UNFINISHED BUSINESS Representative Kott nominated Suzi Lowell as Chief Clerk of the House for the Twentieth Alaska State Legislature and moved and asked unanimous consent that the nominations be closed. There being no objection, it was so ordered, and Suzi Lowell was unanimously elected Chief Clerk. Representative Kott nominated Sean Riley as Sergeant-at-Arms of the House for the Twentieth Alaska State Legislature and moved and asked unanimous consent that the nominations be closed. There being no objection, it was so ordered, and Sean Riley was unanimously elected Sergeant-at-Arms. Representative Kott introduced the following House floor staff: Nancy Schaufelberger, Assistant Chief Clerk Lilla Giles, Assistant Chief Clerk Josh Hornaday, Assistant Sergeant-at-Arms Tina Halford Nathan Gruening Maria Viteri C. Aaron Perkins Danny Thomas ANNOUNCEMENTS Reception in Speaker's Chamber Noon The Speaker stated that today's bill introductions will be held for cosponsorship in the Chief Clerk's office until 3:00 p.m. 1997-01-13 House Journal Page 0012 SPECIAL ORDER OF BUSINESS Representative Cowdery gave an eulogy for Robert B. Atwood. The eulogy will be published in House Journal Supplement No. 1. The House observed a moment of silence in memory of Robert B. Atwood. Representative Barnes gave a tribute to Robert B. Atwood and it will be published in House Journal Supplement No. 1. Representative Porter moved and asked unanimous consent that the House recess until 3:00 p.m. There being no objection, the House recessed at 11:24 a.m. AFTER RECESS The Speaker called the House back to order at 3:13 p.m. A second quorum call showed 31 members present. Without objection, the House reverted to: MESSAGES FROM THE GOVERNOR A message dated January 8, 1997, was received stating under the provisions of Article III, section 18 of the Alaska Constitution, the Governor requests the opportunity to address a joint session of the Twentieth Alaska State Legislature on Tuesday, January 14, 1997, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 16, 1997, at 8:00 p.m. for presentation of the State of the Budget Address. EO 98 EXECUTIVE ORDER NO. 98: Transferring commercial highway-related functions from the Department of Commerce and Economic Development and the Department of Public Safety to the Department of Transportation and Public Facilities. 1997-01-13 House Journal Page 0013 EO 98 was referred to the Transportation, Labor & Commerce and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Commerce & Economic Development, 1/13/97 Zero fiscal note, Dept. of Public Safety, 1/13/97 Zero fiscal note, Dept. of Transportation & Public Facilities, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: The state of Alaska has various responsibilities in managing its highway system, some of which require compliance with federal standards in order to ensure highway funding. But current oversight of these numerous responsibilities rests between three departments. This makes no sense. Combining all functions of highway management within the Department of Transportation and Public Facilities (DOTPF) is simply good, efficient government. This Executive Order 98 transfers commercial highway-related functions from the Department of Commerce and Economic Development (DCED) and Department of Public Safety (DPS) to the DOTPF. Ironically, the DOTPF already is responsible for adopting vehicle size and weight standards, but the DCED enforces those standards through its Division of Weights and Measures. That division will be transferred to the DOTPF, thereby consolidating the entire size and weight standards program. Another area of confusion concerns the financial responsibility programs for air carriers and commercial motor vehicles. Theyre currently split between the DCED and the DPS for no obvious organizational reason. Executive Order 98 transfers all these programs to the DOTPF. The air carrier function comes with the Division of Weights and Measures; the commercial motor vehicle safety program will be transferred from the DPS to the DOTPF, becoming an integral part of the new division. 1997-01-13 House Journal Page 0014 EO 98 Executive Order 98, along with the other executive order I am offering to you today (Executive Order 99) to transfer functions of the Division of Motor Vehicles from the DPS to the Department of Administration, is part of my Administrations continuing effort to deliver services to the public in the most efficient and cost-effective way possible. Sincerely, /s/ Tony Knowles Governor EO 99 EXECUTIVE ORDER NO. 99: Transferring the responsibility for the administration of most of the statutes in AS 28, regarding motor vehicles, and other statutory functions relating to motor vehicles and other vehicles, from the Department of Public Safety to the Department of Administration. was referred to the Judiciary, State Affairs and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 1/13/97 Zero fiscal note, Dept. of Public Safety, 1/13/97 Zero fiscal note, Dept. of Transportation & Public Facilities, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: Government has the responsibility to provide the best service possible to its citizens--especially in those areas where we require certain tasks of our residents such as registering their motor vehicles. It is with the goal of offering good service to the public that I am sending you this Executive Order 99 to transfer most of the functions of the Division of Motor Vehicles from the Department of Public Safety (DPS) to the Department of Administration (DOA). This transfer is in the best interests of efficient administration. 1997-01-13 House Journal Page 0015 EO 99 The DPS is in the business of protecting the public. While it is important to ensure vehicles on our highways are safe, most of the functions of the Division of Motor Vehicles are routine transactions and, therefore, more appropriately placed in the DOA which is already set up to efficiently handle large-scale ministerial functions. The DOA is also better situated to bring to motor vehicle operations the latest technologies in public service delivery systems. The main functions transferred to the DOA under this executive order are the registration and title issuance of motor vehicles. Other paperwork functions to be transferred include monitoring compliance with insurance requirements and with orders for counseling of drivers with numerous infractions, maintenance of driver records, as well as the licensing of commercial driver training schools. Functions relating directly to protecting the public will remain with the DPS, most notably the inspection and approval of vehicle equipment. Also note that Executive Order 98, the other executive order I am offering today, transfers additional motor vehicle-related functions from the DPS to the Department of Transportation and Public Facilities. These two executive orders will enable the DPS to better focus on its primary mission and, in concert, are a meaningful step toward efficient, good government. Sincerely, /s/ Tony Knowles Governor MESSAGES FROM THE SENATE A message dated January 13, 1997, was read stating that the Senate has confirmed Shirley McCoy as a public member to the Select Committee on Legislative Ethics. The Senate members confirmed are: Senators Pearce and Duncan. A message dated January 13, 1997, was read stating that the Senate has accepted the invitation to meet in joint session in the House Chamber at 8:00 p.m., January 14, 1997, to hear the Governor's State 1997-01-13 House Journal Page 0016 of the State message, and at 8:00 p.m., January 16, 1997, to hear the Governor's State of the Budget message. COMMUNICATIONS The following audit reports are on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee (as required by AS 24.20.311) State of Alaska Single Audit Fiscal Year Ended June 30, 1995 Statewide Federal Indirect Costs August 22, 1996 Dept. of Administration Application Controls over the Alaska Statewide Accounting System April 26, 1996 University of Alaska Printing and Publication Expenditures April 16, 1996 Legislative Affairs Agency Computer Procurement and Related Appeals October 17, 1996 Dept. of Transportation & Public Facilities Recovery of Repair Costs for Damaged Highway Fixtures May 13, 1996 Fairbanks Procurement and Surplus Property Procedures May 15, 1996 1997-01-13 House Journal Page 0017 Alaska Marine Highway System Selected Operational Issues August 9, 1996 Dept. of Commerce & Economic Development Alaska Railroad Corporation Chena Landings Development August 20, 1996 Alaska Railroad Corporation Anchorage Gravel Activities July 3, 1996 Board of Dental Examiners October 14, 1996 Division of Occupational Licensing Board of Public Accountancy September 15, 1996 State Board of Registration for Architects, Engineers, and Land Surveyors September 17, 1996 Division of Occupational Licensing State Physical Therapy and Occupational Therapy Board October 24, 1996 Division of Occupational Licensing Board of Barbers and Hairdressers October 24, 1996 Dept. of Environmental Conservation Division of Statewide Public Service Selected Alternative Sanitation Technology Issues August 1, 1996 Dept. of Corrections Fiscal Operations and Compliance with State Laws and Regulations July 19, 1996 1997-01-13 House Journal Page 0018 Board of Parole July 15, 1996 Dept. of Health & Social Services Juneau Alliance for the Mentally Ill October 28, 1996 University of Alaska Institute for Circumpolar Health Studies February 29, 1996 The following reports are on file in the Chief Clerk's office: Dept. of Revenue Alaska Permanent Fund Corporation 1996 Annual Report Select Committee on Legislative Ethics House Subcommittee Decision: H 96-02 A letter dated November 12, 1996, was received from Wilson L. Condon, Commissioner; Secretary, State Bond Committee, Dept. of Revenue regarding the unobligated balance in the Debt Retirement Fund in accordance with AS 37.15.170. Letters dated October 23, 1996, were received from Wilson Hughes, Chairman and William R. Snell, Executive Director, Dept. of Commerce & Economic Development, Alaska Industrial Development and Export Authority regarding the Certification of Capital Reserve Funds' Requirement in accordance with AS 44.83.110(f) and AS 44.88.105(d). 1997-01-13 House Journal Page 0019 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS (Note: Capitalized names on prefiled bills and resolutions indicate prime sponsorship) HR 1 HOUSE RESOLUTION NO. 1 by the House Rules Committee: Establishing a House Special Committee on Economic Development. was read the first time and referred to the Rules Committee for placement on the calendar. HR 2 HOUSE RESOLUTION NO. 2 by the House Rules Committee: Establishing a House Special Committee on World Trade and State/Federal Relations. was read the first time and referred to the Rules Committee for placement on the calendar. HR 3 HOUSE RESOLUTION NO. 3 by the House Rules Committee: Establishing a House Special Committee on International Trade and Tourism. was read the first time and referred to the Rules Committee for placement on the calendar. HR 4 HOUSE RESOLUTION NO. 4 by the House Rules Committee: Establishing a House Special Committee on Military and Veterans' Affairs. was read the first time and referred to the Rules Committee for placement on the calendar. 1997-01-13 House Journal Page 0020 HR 5 HOUSE RESOLUTION NO. 5 by the House Rules Committee: Establishing a House Special Committee on Oil and Gas. was read the first time and referred to the Rules Committee for placement on the calendar. HR 6 HOUSE RESOLUTION NO. 6 by the House Rules Committee: Establishing a House Special Committee on Fisheries. was read the first time and referred to the Rules Committee for placement on the calendar. HCR 1 HOUSE CONCURRENT RESOLUTION NO. 1 by Representatives Barnes, Phillips, Rokeberg, Kubina, Kott, Sanders, Williams, James, Vezey, Austerman, Davis, Hodgins, Ryan and Dyson: Relating to a new Alaska liquefied natural gas project. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the House Special Committee on Oil & Gas. HCR 2 HOUSE CONCURRENT RESOLUTION NO. 2 by Representatives Elton and Hudson: Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to certain committee meetings held outside of the state capital and to recess of the legislature during the period the meetings are held; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HCR 3 HOUSE CONCURRENT RESOLUTION NO. 3 by Representative Brice: 1997-01-13 House Journal Page 0021 HCR 3 Relating to regional diversity in nominations of the judicial council to the Alaska Supreme Court and in activities of the Alaska Supreme Court. was read the first time and referred to the Judiciary and Finance Committees. HCR 4 HOUSE CONCURRENT RESOLUTION NO. 4 by Representative Kelly: Relating to records generated and maintained by the Department of Health and Social Services. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HCR 5 HOUSE CONCURRENT RESOLUTION NO. 5 by the House Rules Committee: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 1 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 1 by Representatives ROKEBERG AND SANDERS: Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1997-01-13 House Journal Page 0022 HJR 2 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 2 by Representatives ROKEBERG AND JAMES: Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 3 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 3 by Representative Ivan: Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Community & Regional Affairs, Resources and Judiciary Committees. HJR 4 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 4 by Representatives THERRIAULT AND ROKEBERG: Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 5 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 5 by Representative Martin: Proposing an amendment to the Constitution of the State of Alaska relating to freedom of conscience. 1997-01-13 House Journal Page 0023 HJR 5 was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 6 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 6 by Representative Martin: Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 7 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 7 by Representative Martin: Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 8 (Prefile released January 3, 1997) HOUSE JOINT RESOLUTION NO. 8 by Representative Brice: Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 9 HOUSE JOINT RESOLUTION NO. 9 was not introduced. 1997-01-13 House Journal Page 0024 HJR 10 HOUSE JOINT RESOLUTION NO. 10 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska relating to subsistence uses of replenishable resources by residents. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Community & Regional Affairs, Resources, Judiciary and Finance Committees. The following fiscal note applies: Fiscal note, Office of the Governor, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: I am asking the Legislature to allow the people of Alaska to vote on a constitutional amendment providing for a subsistence preference for use of replenishable resources. I believe this is the first and most fundamental step in reaching a workable, equitable, and lasting Alaskan solution to this issue that has for too long divided Alaskans. A successful solution must achieve two key goals: 1) recognition of the essential role of subsistence in the culture and economy of rural Alaska, and 2) state management of fish and game. I have strongly advocated legislative action to resolve this issue at the state level and return full management of Alaskas fish and game to the state. The current impasse will only become more damaging to Alaska if it is allowed to persist. Fish and game management in Alaska is fracturing into two systems, with different mandates, different land bases, and different management systems for shared resources that freely cross jurisdictional lines. This splintered and duplicative system creates confusing and conflicting regulations, poses a greater risk of overharvest, may result in unnecessary loss of opportunities for commercial, sport, and even subsistence users, and may disenfranchise subsistence users who live near state or private 1997-01-13 House Journal Page 0025 HJR 10 lands. This can only lead to a morass of endless jurisdictional disputes, legal battles, and strife, and vastly increased management costs. Most importantly, it puts the health of the fish and game resources on which people depend unnecessarily at risk. A constitutional amendment is the only practical way to ensure that management of fish and game is returned to the state. The federal government continues to move towards increased control over the states fish and game resources, as has been ordered by the courts. The current congressional moratorium is limited and temporary. Federal decisions are being made every day that will affect Alaskans and their fish and wildlife resources. Federal agencies are even now writing environmental impact studies in preparation for the takeover of subsistence fisheries management. Every day the Alaska Legislature doesn't take action to resolve this impasse, new building blocks are being added to strengthen federal control over fish and game management in Alaska. I call on you and your fellow legislators to make the resolution of subsistence a priority during this legislative session, and I stand ready to do whatever I can to assist. The constitutional amendment assures a priority for subsistence use of Alaska's fish and game over other uses, consistent with sustained yield. When implementing the priority, the state may consider a variety of factors in granting preferences to and among subsistence uses, including community or area characteristics, place of residence, customary and traditional use, direct dependence, and the availability of alternative resources. This amendment would allow the state to regain management over fish and game resources in the state. Subsistence uses will have a priority, but state management must meet commercial and sport use needs as well. This differs significantly from the federal system in that federal managers need only consider subsistence uses. The State of Alaska should recognize and be responsive to the views of rural subsistence users in its management system so that all Alaskans will prefer state management to federal management. Local 1997-01-13 House Journal Page 0026 HJR 10 residents must have a stronger voice in management decisions. Both state and federal statutory changes will be needed to: 1) define key terms such as customary and traditional, customary trade, rural, and reasonable opportunity; 2) reinvigorate local and state management structures to increase local participation and the use of local knowledge, and 3) allow non-rural residents to participate in educational fisheries and hunts. I urge your leadership in providing a legislative forum for open debate on this issue so we can bring Alaskans together to solve it, rather than sit by while the divisiveness grows and sound resource management is put at risk. Please give Alaskans the opportunity to vote on this amendment. An Alaskan solution is much better than a federal mandate. Sincerely, /s/ Tony Knowles Governor HJR 11 HOUSE JOINT RESOLUTION NO. 11 by Representative Green: Proposing amendments to the Constitution of the State of Alaska relating to redistricting and to the length of a regular session, and establishing a unicameral legislature; and providing for an effective date for each amendment. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 1 (Prefile released January 3, 1997) HOUSE BILL NO. 1 by Representatives Bunde, Ivan, Croft and Porter, entitled: 1997-01-13 House Journal Page 0027 HB 1 An Act relating to taxes on cigarettes and tobacco products; 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 2 (Prefile released January 3, 1997) HOUSE BILL NO. 2 by Representatives KOTT AND MULDER, and Kubina, entitled: An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individual's terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individual's deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside of the state for treatment at a medical speciality complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 3 (Prefile released January 3, 1997) HOUSE BILL NO. 3 by Representatives Kott and Kelly, entitled: An Act relating to disclosures of information about certain minors. 1997-01-13 House Journal Page 0028 HB 3 was read the first time and referred to the Judiciary Committee. HB 4 (Prefile released January 3, 1997) HOUSE BILL NO. 4 by Representatives Kelly, Mulder, Vezey and Dyson, entitled: An Act relating to permits issued by the Department of Fish and Game for activities in anadromous fish streams, to forest land use plans prepared by the Department of Natural Resources, to rights- of-way, easements, and permits issued by the Department of Natural Resources, and to disposal of state land and interests in state land. was read the first time and referred to the Resources Committee. HB 5 (Prefile released January 3, 1997) HOUSE BILL NO. 5 by Representative Kelly, entitled: An Act relating to prosecution of minors for criminal violations; and amending Rule 3(a), Alaska Rules of Criminal Procedure. was read the first time and referred to the Judiciary and Finance Committees. HB 6 (Prefile released January 3, 1997) HOUSE BILL NO. 6 by Representatives Kelly, Therriault, Vezey, Ogan and Dyson, entitled: An Act amending laws relating to the disclosure of information relating to certain minors. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 7 (Prefile released January 3, 1997) HOUSE BILL NO. 7 by Representative Porter, entitled: 1997-01-13 House Journal Page 0029 HB 7 An Act authorizing establishment of community 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 8 (Prefile released January 3, 1997) HOUSE BILL NO. 8 by Representative Sanders, entitled: An Act relating to personal permanent fund dividend accounts; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. HB 9 (Prefile released January 3, 1997) HOUSE BILL NO. 9 by Representative Porter, entitled: An Act relating to the right of crime victims and victims of juvenile offenses to be present at court proceedings; and amending Rule 615, Alaska Rules of Evidence. was read the first time and referred to the Judiciary and Finance Committees. HB 10 (Prefile released January 3, 1997) HOUSE BILL NO. 10 by Representative Green, entitled: An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. 1997-01-13 House Journal Page 0030 HB 11 (Prefile released January 3, 1997) HOUSE BILL NO. 11 by Representative Green, entitled: An Act relating to driver's licensing; and providing for an effective date. was read the first time and referred to the Transportation and State Affairs Committees. HB 12 (Prefile released January 3, 1997) HOUSE BILL NO. 12 by Representative Davis, entitled: An Act relating to civil liability for injuries or death resulting from equine activities. was read the first time and referred to the Judiciary and Finance Committees. HB 13 (Prefile released January 3, 1997) HOUSE BILL NO. 13 by Representatives Austerman, Ivan and Grussendorf, entitled: An Act relating to marine safety training and education programs. was read the first time and referred to the State Affairs and Finance Committees. HB 14 (Prefile released January 3, 1997) HOUSE BILL NO. 14 by Representative Rokeberg, entitled: An Act allowing a public or private school to adopt a policy authorizing the use of corporal correction. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 1997-01-13 House Journal Page 0031 HB 15 (Prefile released January 3, 1997) HOUSE BILL NO. 15 by Representative Rokeberg, entitled: An Act relating to the location of the convening of the legislature in regular session; repealing provisions relating to student guests of the legislature; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 16 (Prefile released January 3, 1997) HOUSE BILL NO. 16 by Representative Kelly, entitled: An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 17 (Prefile released January 3, 1997) HOUSE BILL NO. 17 by Representative James, entitled: An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 18 (Prefile released January 3, 1997) HOUSE BILL NO. 18 by Representative James, entitled: 1997-01-13 House Journal Page 0032 HB 18 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 19 (Prefile released January 3, 1997) HOUSE BILL NO. 19 by Representatives Austerman and Ivan, entitled: An Act relating to licensing of sport fishing services operators and fishing guides; 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 20 (Prefile released January 3, 1997) HOUSE BILL NO. 20 by Representative Ivan, entitled: An Act relating to dog mushers' contests. was read the first time and referred to the State Affairs and Finance Committees. HB 21 (Prefile released January 3, 1997) HOUSE BILL NO. 21 by Representatives Ivan and Grussendorf, entitled: An Act establishing the Alaska public broadcasting trust fund as a trust fund of the state, and providing for its administration; relating to credits against certain taxes for contributions to the Alaska public broadcasting trust fund; increasing the amounts that may be claimed as credits against certain state taxes, and 1997-01-13 House Journal Page 0033 HB 21 precluding claims of the contributions as both credits and deductions against the taxes; and terminating the credits authorized by this Act at the end of five years; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. HB 22 (Prefile released January 3, 1997) HOUSE BILL NO. 22 by Representative Ivan, entitled: An Act relating to civil liability for illegal sales of alcoholic beverages; and providing for an effective date. was read the first time and referred to the Judiciary Committee. HB 23 (Prefile released January 3, 1997) HOUSE BILL NO. 23 by Representative Masek, entitled: An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. was read the first time and referred to the Resources and Finance Committees. HB 24 (Prefile released January 3, 1997) HOUSE BILL NO. 24 by Representative Mulder, entitled: An Act relating to absences from the state for purposes of eligibility for permanent fund dividends for service in the Foreign Service of the United States or to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for a reason allowed under the dividend program; relating to eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date. 1997-01-13 House Journal Page 0034 HB 24 was read the first time and referred to the State Affairs and Finance Committees. HB 25 (Prefile released January 3, 1997) HOUSE BILL NO. 25 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 House Special Committee on Fisheries and the Resources and Finance Committees. HB 26 (Prefile released January 3, 1997) HOUSE BILL NO. 26 by Representative Ogan, entitled: An Act relating to big game tags for wolves; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 27 (Prefile released January 3, 1997) HOUSE BILL NO. 27 by Representative Austerman, entitled: An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 28 (Prefile released January 3, 1997) HOUSE BILL NO. 28 by Representatives Therriault and Kelly, entitled: 1997-01-13 House Journal Page 0035 HB 28 An Act repealing the Alaska Coastal Management Program and the Alaska Coastal Policy Council, and making conforming amendments because of those repeals. was read the first time and referred to the Resources and Finance Committees. HB 29 (Prefile released January 3, 1997) HOUSE BILL NO. 29 by Representative Rokeberg, entitled: An Act reducing the amount for which proof of financial responsibility must be provided to the Department of Environmental Conservation in conjunction with the operation of certain onshore oil and gas exploration and production facilities. was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. HB 30 (Prefile released January 3, 1997) HOUSE BILL NO. 30 by Representative Mulder, entitled: An Act relating to civil liability for skateboarding; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 31 (Prefile released January 3, 1997) HOUSE BILL NO. 31 by Representative Mulder, entitled: An Act relating to civil liability for certain false allegations or material misstatements of fact in a civil pleading or proceeding, for certain improper acts relating to signing a civil pleading, for certain improper acts relating to civil pleadings or proceedings, for making an intentional false statement of a material fact, for acting 1997-01-13 House Journal Page 0036 HB 31 on a civil claim or defense without probable cause, or for acting for a purpose other than proper adjudication of a civil claim; amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 32 (Prefile released January 3, 1997) HOUSE BILL NO. 32 by Representative Mulder, entitled: An Act relating to big game hunting by nonresident members of the military service; and providing for an effective date. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Resources and Finance Committees. HB 33 (Prefile released January 3, 1997) HOUSE BILL NO. 33 by Representative Rokeberg by request, entitled: An Act relating to real estate licensing and the real estate surety fund; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 34 (Prefile released January 3, 1997) HOUSE BILL NO. 34 by Representative Brice, entitled: An Act relating to legislative per diem; and providing for an effective date. was read the first time and referred to the State Affairs Committee, the House Special Committee on World Trade and State/Federal Relations and the Finance Committee. 1997-01-13 House Journal Page 0037 HB 35 (Prefile released January 3, 1997) HOUSE BILL NO. 35 by Representative Austerman, entitled: An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 36 (Prefile released January 3, 1997) HOUSE BILL NO. 36 by Representative Davies, entitled: An Act relating to absences from the state of certain spouses and dependents of residents for purposes of eligibility for permanent fund dividends; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 37 (Prefile released January 3, 1997) HOUSE BILL NO. 37 by Representatives KELLY, KOHRING, VEZEY AND MULDER, and Ogan, Dyson and Martin, entitled: An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. was read the first time and referred to the State Affairs and Judiciary Committees. HB 38 (Prefile released January 3, 1997) HOUSE BILL NO. 38 by Representative Brice, entitled: 1997-01-13 House Journal Page 0038 HB 38 An Act relating to Statehood Act land selection conveyances to boroughs and unified municipalities. was read the first time and referred to the Community & Regional Affairs Committee, the House Special Committee on World Trade and State/Federal Relations and the Resources Committee. HB 39 (Prefile released January 3, 1997) HOUSE BILL NO. 39 by Representative Elton, entitled: An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. HB 40 (Prefile released January 3, 1997) HOUSE BILL NO. 40 by Representative Elton, entitled: An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date. was read the first time and referred to the Transportation, Judiciary and Finance Committees. HB 41 (Prefile released January 3, 1997) HOUSE BILL NO. 41 by Representative Rokeberg, entitled: An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. was read the first time and referred to the Labor & Commerce Committee. 1997-01-13 House Journal Page 0039 HB 42 (Prefile released January 3, 1997) HOUSE BILL NO. 42 by Representatives Green and Ivan, entitled: An Act relating to the location of the convening of the legislature in regular session; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 43 (Prefile released January 3, 1997) HOUSE BILL NO. 43 by Representative Mulder, entitled: An Act relating to registration of rental motor vehicles, to municipal taxation of rental motor vehicles, and to emission control inspection fees for rental motor vehicles; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 44 (Prefile released January 3, 1997) HOUSE BILL NO. 44 by Representative Brice, entitled: An Act relating to admission to an Alaska Pioneers' Home. was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 45 (Prefile released January 3, 1997) HOUSE BILL NO. 45 by Representative Kelly, entitled: An Act relating to runaway and missing minors. was read the first time and referred to the Health, Education & Social Services Committee. 1997-01-13 House Journal Page 0040 HB 46 (Prefile released January 3, 1997) HOUSE BILL NO. 46 by Representatives KELLY AND THERRIAULT, entitled: An Act relating to mining; and providing for an effective date. was read the first time and referred to the Resources Committee. HB 47 (Prefile released January 3, 1997) HOUSE BILL NO. 47 by Representative Kemplen, entitled: An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 48 (Prefile released January 3, 1997) HOUSE BILL NO. 48 by Representative Kemplen, entitled: An Act making a special appropriation for an automated victim notification system; and providing for an effective date. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 49 (Prefile released January 3, 1997) HOUSE BILL NO. 49 by Representative Croft, entitled: An Act establishing a division of consumer protection in the Department of Law; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. 1997-01-13 House Journal Page 0041 HB 50 (Prefile released January 3, 1997) HOUSE BILL NO. 50 by Representative Hodgins, entitled: An Act relating to the use of broadcasting to promote or conduct certain classics or sweepstakes; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. HB 51 (Prefile released January 10, 1997) HOUSE BILL NO. 51 by Representatives ROKEBERG AND KELLY, entitled: An Act relating to the Department of Environmental Conservation. was read the first time and referred to the House Special Committee on Oil & Gas and the Finance Committee. HB 52 (Prefile released January 10, 1997) HOUSE BILL NO. 52 by Representative James, entitled: An Act relating to taxes on cigarettes and tobacco products; 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 53 (Prefile released January 10, 1997) HOUSE BILL NO. 53 by Representative Mulder, entitled: An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter 1997-01-13 House Journal Page 0042 HB 53 into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation. was read the first time and referred to the State Affairs and Finance Committees. HB 54 (Prefile released January 10, 1997) HOUSE BILL NO. 54 by Representatives Kott and Grussendorf, entitled: An Act establishing the Alaska education technology program; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. HB 55 HOUSE BILL NO. 55 by the House Rules Committee by request of the Legislative Budget & Audit Committee, entitled: An Act relating to the fiscal operations of the Alaska Railroad Corporation and to land acquired by the State of Alaska under the Alaska Railroad Transfer Act of 1982 or otherwise acquired for railroad purposes; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. HB 56 HOUSE BILL NO. 56 by Representatives Williams and Grussendorf, entitled: An Act relating to a commercial fisheries limited entry buy-back program. 1997-01-13 House Journal Page 0043 HB 56 was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 57 HOUSE BILL NO. 57 by Representative Grussendorf, entitled: An Act relating to cruelty to animals. was read the first time and referred to the Judiciary and Finance Committees. HB 58 HOUSE BILL NO. 58 by Representative Porter, entitled: An Act relating to civil actions; amending Rules 49 and 68, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. HB 59 HOUSE BILL NO. 59 by Representatives Ivan and Grussendorf, entitled: An Act relating to the sale of farmed salmon products. was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce Committee. HB 60 HOUSE BILL NO. 60 by the House Rules Committee by request of the Governor, entitled: An Act relating to civil actions; providing for related insurance reports; amending Alaska Rules of Civil Procedure 16.1, 26, 41, 49, 68, 72.1, 95, and 100; amending District Court Rules of Civil Procedure 1 and 4; amending Alaska Rule of Appellate Procedure 511; and providing for an effective date. 1997-01-13 House Journal Page 0044 HB 60 was read the first time and referred to the Labor & Commerce and Judiciary Committees, the House Special Committee on World Trade and State/Federal Relations and the Finance Committee. The following fiscal notes apply: Fiscal note, Dept. of Commerce & Economic Development, 1/13/97 Zero fiscal note, Dept. of Administration, 1/13/97 Zero fiscal note, Dept. of Corrections, 1/13/97 Zero fiscal note, Dept. of Law, 1/13/97 Zero fiscal note, Dept. of Revenue, 1/13/97 Zero fiscal note, Dept. of Transportation & Public Facilities/all Depts., 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: In the interest of improving Alaskas business climate while ensuring justice for all Alaskans, I am asking the Legislature to consider this bill to reform the way we resolve civil disputes. It is part of my initiative to encourage growth in our small business community and stems from the recommendations of the Governors Advisory Task Force on Civil Justice Reform which conducted the most comprehensive review of Alaskas tort system ever. The result is a fair and effective bill which, among other actions, places a cap on punitive damages and reduces frivolous lawsuits and litigation costs while providing justice for innocent victims. During the 1995 and 1996 legislative sessions, tort reform issues received a great deal of attention and SCS CSHB 158(RLS) am S (ctrls fldS) passed by a narrow margin in the final days of the session. I vetoed that bill because I believed it was the product of a flawed public process, dictated poor public policy, and contained serious legal defects and constitutional problems. However, I support fair and legally sound tort reform. In order to find an appropriate resolution to this divisive set of issues, I appointed a diverse group of outstanding Alaskans to study the issues and make recommendations for consideration during this legislative session. 1997-01-13 House Journal Page 0045 HB 60 The 20 members of the task force represented the interests of large and small businesses, doctors and architects, plaintiff and defense lawyers, Alaska Natives, the Alaska State Legislature, and state departments responsible for law, insurance, and responding to litigation against the state. The members were chair Judge Thomas B. Stewart; vice-chair Marlene A. Johnson; committee chairs Michael J. Burns, Roger F. Holmes, and Julian L. Mason; and members Bill J. Allen, Judith M. Brady, David H. Bundy, Charlie Cole, Jeffrey M. Feldman, Julie Kitka, Don Slone, Stephan H. Williams, Mark R. Williams, and Rodman Wilson. Ex officio members were Attorney General Bruce M. Botelho, Deputy Commissioner of the Department of Commerce and Economic Development Jeffrey W. Bush, Senator Johnny Ellis, Representative Brian Porter, and the Department of Administration, division of risk management director Brad Thompson. The task force members worked hard to gather information, review legislative proposals from Alaska and other states, and conduct public hearings. After considerable discussion, the task force members reached consensus on a number of areas where change is needed in the civil justice system. They sought to avoid constitutional problems and litigation over the bill itself. Most of the recommendations were made unanimously and all were supported by at least two-thirds of the membership. The task force report explaining the reasoning behind each recommendation has been distributed to all members of the legislature. These recommendations represent a sound compromise among many competing points of view. The attached bill changes the Alaska statutes and Rules of Court in a number of ways. The changes include the following items: a cap on punitive damages of three times compensatory damages or $500,000, whichever is greater, with an alternative cap for cases in which conduct was motivated by financial gain or a defendant has systematically injured a number of employees in an employment context; further limitation on noneconomic damages to clarify that the existing statutory cap may be exceeded only for severe injuries or severe disfigurement; 1997-01-13 House Journal Page 0046 HB 60 allowing increased fines against attorneys who bring frivolous lawsuits; restrictions on the rights of felons and other persons who commit certain illegal acts to recover for injuries suffered in the course of the criminal activity or arrest; clarification that people who intentionally hurt others will be held liable for their fair share of the harm; an alternative dispute resolution project to facilitate resolution of cases without the expense of trial; streamlined district court procedures to increase access to the court by hearing smaller cases faster and less expensively; changes in superior court procedures to encourage active judicial management of cases and thus decrease overall litigation expense; a floating rate of interest on judgments and decrees that more accurately reflects current conditions to promote prompt settlement of cases and payment of damages; changes in court procedures for offers of judgment to encourage early settlement offers by both plaintiffs and defendants; shorter statutes of limitation in contract cases to decrease risk and increase predictability in the modern business environment; improvements in the expert advisory panel for medical malpractice cases, so medical professionals can provide more useful advice to the courts in a more timely manner; collection of information on cases that are settled to obtain a full picture of the impact of civil liability laws; collection of information on insurance premiums, claims paid, and investments to allow a more accurate assessment of insurance rates and the effects of civil justice reforms on those rates. 1997-01-13 House Journal Page 0047 HB 60 The bill is designed to encourage business growth, particularly for small Alaska-grown companies which provide the bulk of our states private sector jobs, while increasing access to justice for all Alaskans. Sincerely, /s/ Tony Knowles Governor HB 61 HOUSE BILL NO. 61 by the House Rules Committee by request of the Governor, entitled: An Act relating to the disposition and use of the proceeds of excise taxes on cigarettes and tobacco products; increasing the rates on certain of those excise taxes; and providing for an effective date. was read the first time and referred to the State Affairs and Health, Education & Social Services Committees, the House Special Committee on World Trade and State/Federal Relations and the Finance Committee. The following fiscal note applies: Fiscal note, Dept. of Revenue, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: Tobacco is a killer. Thats why I am transmitting a bill today to increase the excise tax on cigarettes and other tobacco products. A recent state study of youth behavior says Alaskas young people use tobacco products at a much higher rate than the national average. The implications for the future are sobering. As adults, Alaskans who started using tobacco at a young age will be at risk for smoking-related diseases and premature death. Health care costs for all of us will continue to rise as a result. 1997-01-13 House Journal Page 0048 HB 61 Its clear we need to act quickly to reduce the number of Alaska youngsters making the tragic decision to start smoking or chewing. One proven and very effective way to discourage such behavior is significantly increasing the cost of tobacco. The attached bill will raise the tax on cigarettes by $1 per pack. Ive often said I hope this new tax wont raise a dime--that would mean current smokers were changing their minds and young people werent starting at all. But even with reduced demand, this bill will generate more money for the state treasury--an estimated $40 million for Fiscal Year 1998. I am proposing these new revenues be legislatively designated for education and childrens health programs. I urge your support of this important legislation. Sincerely, /s/ Tony Knowles Governor HB 62 HOUSE BILL NO. 62 by Representative Kelly, entitled: An Act relating to child care provided by recipients of assistance under the Alaska temporary assistance program; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 63 HOUSE BILL NO. 63 by Representative Therriault, entitled: 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; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. 1997-01-13 House Journal Page 0049 HB 64 HOUSE BILL NO. 64 by the House Rules Committee by request of the Governor, entitled: An Act naming a new maritime vessel for the Alaska Marine Highway System; and providing for an effective date. was read the first time and referred to the Transportation Committee. The following fiscal note applies: Zero fiscal note, Dept. of Transportation & Public Facilities, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: I am pleased to transmit this bill to you naming the latest addition to the states marine highway fleet the Motor Vessel Kennicott. This name complies with state law requiring the name of our maritime vessels be that of an Alaska glacier. But I think its especially terrific this name was selected through a statewide essay contest conducted in our schools. The winning name was nominated by Leah Jarvis, a student at Glennallen Elementary School in Copper Center, Alaska. A joint legislative and executive branch committee consisting of Lieutenant Governor Fran Ulmer, former Senate President Drue Pearce, and House Speaker Gail Phillips chose Leahs essay as the best one from among the numerous entries. The Motor Vessel Kennicott will provide valuable service to the state for many years. Its name appropriately reflects one of Alaskas beautiful scenic wonders. I urge your favorable consideration of this bill and your joining me in congratulating Leah and all of the students who participated in this contest. Sincerely, /s/ Tony Knowles Governor 1997-01-13 House Journal Page 0050 HB 65 HOUSE BILL NO. 65 by Representative Kott, entitled: An Act relating to partial-birth abortions. was read the first time and referred to the State Affairs and Judiciary Committees. UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the Speaker's opening remarks to the Twentieth Alaska Legislature, and the remarks of Representatives Cowdery and Barnes in memoriam of Robert Atwood be spread in House Journal Supplement No. 1. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation In Memoriam - Robert B. Atwood be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. The Speaker stated that, without objection, all members of the House would be shown as cosponsors of the citation. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Robert B. Atwood Senators Pearce, Leman; Representatives Barnes, Phillips, Cowdery, Berkowitz, Austerman, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-01-13 House Journal Page 0051 UNFINISHED BUSINESS Representative Porter 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 Bunde - from 6:25 a.m., plane time, January 17 to 9:37 p.m., plane time, January 20, 1997 Representative Hodgins - from 1:45 p.m., plane time, January 17 to 1:57 p.m., plane time, January 20, 1997 Representative Ryan - from 6:45 p.m., plane time, January 17 to 9:34 a.m., plane time, January 21, 1997 Representative Ivan - from 6:45 p.m., plane time, January 20 to 9:37 p.m., plane time, January 25, 1997 Representative Cowdery - from 6:45 p.m., plane time, January 16 to 9:37 p.m., plane time, January 20, 1997 Representative Barnes - from 6:45 p.m., plane time, January 16 to 9:37 p.m., plane time, January 18, 1997 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 1/13 Minority Caucus 10:00 a.m., 1/14 Joint Session State of the State 8:00 p.m., 1/14 1997-01-13 House Journal Page 0052 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 7:30 p.m., January 14, 1997. There being no objection, the House adjourned at 4:07 p.m. Suzi Lowell Chief Clerk