Legislature(1997 - 1998)
1997-01-15 House Journal
Full Journal pdf1997-01-15 House Journal Page 0063 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday January 15, 1997 Third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:02 a.m. Roll call showed 35 members present. Representative Kohring had been previously excused from a call of the House today. Representatives Barnes, Hanley, Mulder and Vezey were absent and their presence was noted later. The invocation was offered by the Chaplain, The Reverend Peter Gorges, of the Cathedral of the Nativity of the Blessed Virgin Mary. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, we come before You today, asking Your blessing. Last night we heard the Governor's words of direction and encouragement. This morning we pray for the wisdom and knowledge and understanding to address the objectives that he outlined. Help us to work together, to formulate principles and practices that will responsibly address the economic development of our state. Help us to legislate educational improvements which will give our young people a reasonable advantage in the fast pace of our modern world. Help us to address the issues of law and order in such a way as to respect the rights of all our constituents; and to make Alaska one of the safest places for Americans to live and raise their families. Bless the committee work that we do, and the votes that we take in this chamber. We can't do a good job without Your help. Amen. 1997-01-15 House Journal Page 0064 The Pledge of Allegiance was led by Representative Elton. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the first and second legislative days, House Journal Supplement No.1 and Senate and House Joint Journal Supplement No. 1 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Note the following clerical error in the journal for the first day: On page 12, under EO 98, it should read: 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. COMMUNICATIONS The following 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) Unabridged 1996 Annual Report Condensed 1996 Annual Report Dept. of Environmental Conservation Alaska Clean Water Fund Annual Report - Fiscal Year 1996 (as required by AS 46.03.032 (k)) 1997-01-15 House Journal Page 0065 Department of Revenue Alaska State Pension Investment Board 1996 Annual Report of Investments Public Employees' Retirement Trust Fund (as required by AS 37.10.071) **The presence of Representative Barnes was noted. Dept. of Commerce & Economic Development Alaska Science & Technology Foundation 1996 Annual Report (as required by AS 37.17.090(j)) Alaska Court System 1996 Annual Report INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mark Roderick McCoy, Eagle Scout By Representative Mulder Honoring - Richard I. Pegues By Senator Duncan; Representatives Elton, Hudson **The presence of Representative Vezey was noted. Honoring - Anchor Point Volunteer Fire Department By Senator Torgerson Honoring - Dolly Spencer, National Heritage Fellowship Award By Senator Torgerson Honoring - Sylvia Thompson, for her One-Hundredth Birthday By Senator Torgerson Honoring - Victims for Justice, 1996 Foundation for Improvement of Justice Award By Senators Donley, Ellis 1997-01-15 House Journal Page 0066 In Memoriam - Burton C. Carver By Representatives Davis, Phillips, Hodgins; Senator Torgerson FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 12 HOUSE JOINT RESOLUTION NO. 12 by Representatives Green and Hodgins: Urging the Secretary of the Interior to conduct competitive oil and gas lease sales within the National Petroleum Reserve in Alaska. was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 66 HOUSE BILL NO. 66 by the House Health, Education & Social Services Committee, entitled: An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility. was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representative Mulder was noted. HB 67 HOUSE BILL NO. 67 by Representative Ryan, entitled: An Act relating, for purposes of eligibility for a permanent fund dividend, to an absence from the state while on an unpaid sabbatical under the longevity bonus program; and providing for an effective date. 1997-01-15 House Journal Page 0067 HB 67 was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 68 HOUSE BILL NO. 68 by Representatives Therriault, Kelly, Vezey and James, entitled: An Act relating to the exemption from the requirement for payment for overtime under a voluntary work hour plan; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. HB 69 HOUSE BILL NO. 69 by Representative Vezey, entitled: An Act relating to designating flunitrazepam as a schedule IA controlled substance; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. **The presence of Representative Hanley was noted. HB 70 HOUSE BILL NO. 70 by the House Rules Committee by request of the Governor, entitled: An Act relating to housing assistance provided by the Alaska Housing Finance Corporation and to its rural housing programs, to the corporation's supplemental housing development grants to regional housing authorities, and to housing programs of regional housing authorities; permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing; amending definitions relating to various housing programs; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs, Labor & Commerce and Finance Committees. 1997-01-15 House Journal Page 0068 HB 70 The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 1/15/97 The Governor's transmittal letter, dated January 15, 1997, appears below: Dear Speaker Phillips: One of the goals of my Administration is to provide safe, healthy communities for all Alaskans. The bill I am transmitting to you today is a step toward that goal by attempting to better meet the housing needs in small communities, especially in rural Alaska. This bill modifies the rural loan programs of the Alaska Housing Finance Corporation (AHFC) and regional housing authorities to substantially improve the delivery of housing services. It recognizes that there are unique circumstances in our rural areas that must be taken into account to ensure that our housing programs are administered practically and fairly for all Alaskans. It also recognizes and relies on the role that regional housing authorities play in the implementation of our housing programs. Among the changes contained in this legislation are: 1) An expansion of permitted uses of supplemental housing development grants to regional housing authorities to allow money to be expended on improvements to a communitys water and sewer infrastructure necessitated by the development of a housing project; 2) Modifying the Building Material Loan Program to meet rural housing market conditions; 3) Permitting of refinancing of housing loans in small communities similar to that now offered borrowers in urban areas; and 4) Allowing loans to pay for the installation of building materials by third-party contractors to ensure installation by qualified professionals. 1997-01-15 House Journal Page 0069 HB 70 Enactment of this bill into law will greatly improve the quality of life for numerous Alaskans living in the small communities of our state. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor HB 71 HOUSE BILL NO. 71 by the House Rules Committee by request of the Governor, entitled: An Act relating to administrative penalties for violation of public water supply system requirements; amending Alaska Rule of Civil Procedure 82 regarding attorney's fees; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Environmental Conservation, 1/15/97 Zero fiscal note, Dept. of Law, 1/15/97 The Governor's transmittal letter, dated January 15, 1997, appears below: Dear Speaker Phillips: Safe drinking water is essential to the health and well-being of any community. As part of my ongoing effort to build healthy communities in Alaska, this Administration is dedicated to ensuring our public water systems meet all health requirements. In order to meet that goal, it is important that the state retain control over enforcement of the federal drinking water program. Losing that control would lead to the loss of federal construction funds for drinking water systems -- something we cannot afford to see happen, particularly for rural Alaska. 1997-01-15 House Journal Page 0070 HB 71 This bill will guarantee the state maintains its control over drinking water programs by complying with a recent change to the federal Safe Drinking Water Act which mandates the state have administrative penalties for violations of public water supply system requirements. This bill appropriately places the administrative penalty authority with the Department of Environmental Conservation (DEC). The authority to impose administrative penalties is a more efficient and cost-effective way to enforce important public health laws. Presently, the state must initiate a lawsuit in order to impose a civil assessment for a violation of requirements for public water supply systems. Legal costs for a court action potentially far exceed the costs involved in an administrative hearing and any related appeal. Enacting administrative penalty authority is essential if the state is to receive this important federal funding for improvement of Alaska public drinking water systems. Maintaining Alaskas primary enforcement authority for the federal drinking water program provides maximum flexibility and local control over this program while at the same time working to ensure the safety of Alaskas public water supply systems. Sincerely, /s/ Tony Knowles Governor HB 72 HOUSE BILL NO. 72 by the House Rules Committee by request of the Governor, entitled: An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date. was read the first time and referred to the House Special Committee on Economic Development, the Labor & Commerce and Finance Committees. 1997-01-15 House Journal Page 0071 HB 72 The following fiscal notes apply: Zero fiscal note, Dept. of Commerce & Economic Development, 1/15/97 Zero fiscal note, Dept. of Revenue, 1/15/97 The Governor's transmittal letter, dated January 15, 1997, appears below: Dear Speaker Phillips: Much of my effort in advertising Alaska as open and ready for business includes removing unnecessary barriers to doing business in our state. This bill does just that. It discontinues our requirement that nonresident businesses file a bond or other security with the Department of Revenue -- a requirement, I must note, that makes Alaska unique among all 50 states. In this area, Id rather join the norm than be different. The bonding requirement, with a minimum $1,000 bond, was enacted in 1955 to ensure the collection of state taxes and license fees from nonresident businesses which have little security or property in the state. It may have made sense back then when it was hard to find people if they abruptly closed up shop and left the state with a tax debt. But modern technology has fixed that problem. Many taxpayers now complain the bonding and related filing requirements are excessive considering the amount of business they do in the state. Moreover, no one in the Department of Revenue can recall a case where a bond was actually used to pay a delinquent tax lien; the department has other means of ensuring that tax payments are made. In fiscal year 1995, more than 2,000 corporations had to fill out lengthy paperwork and file these bonds. If the program is eliminated, the time the state spends on processing all these forms can be redirected toward expanded tax compliance work which would result in increased revenue to the state. 1997-01-15 House Journal Page 0072 HB 72 I submitted this same proposal last year to the legislature where it received much support. It passed the Senate as well as every committee of referral in the House of Representatives. The non- resident tax bond program serves only to discourage business in Alaska. Its time to take it off the books. Sincerely, /s/ Tony Knowles Governor HB 73 HOUSE BILL NO. 73 by Representative Hudson and Grussendorf, entitled: An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HCR 5 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 5 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 1997-01-15 House Journal Page 0073 HCR 5 The question being: Shall HCR 5 pass the House? The roll was taken with the following result: HCR 5 Second Reading Final Passage 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 And so, HCR 5 passed the House and was referred to the Chief Clerk for engrossment. HR 1 The following was read the second time: HOUSE RESOLUTION NO. 1 Establishing a House Special Committee on Economic Development. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 1 pass the House. There being no objection, HR 1 passed the House. The following committee members were appointed (page 10): Sanders, Chair; Hodgins, Ivan, Williams, Austerman, Kemplen, Berkowitz HR 1 was referred to the Chief Clerk for engrossment and enrollment. HR 2 The following was read the second time: 1997-01-15 House Journal Page 0074 HR 2 HOUSE RESOLUTION NO. 2 Establishing a House Special Committee on World Trade and State/Federal Relations. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 2 pass the House. Representative Davies objected and withdrew the objection. There being no further objection, HR 2 passed the House. The following committee members were appointed (page 10): Barnes, Chair; Austerman, Vice Chair; Kott, Cowdery, Phillips, Nicholia, Kubina HR 2 was referred to the Chief Clerk for engrossment and enrollment. HR 3 The following was read the second time: HOUSE RESOLUTION NO. 3 Establishing a House Special Committee on International Trade and Tourism. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 3 pass the House. There being no objection, HR 3 passed the House. The following committee members were appointed (page 10): Cowdery, Chair; Barnes, Mulder, Kott, Phillips, Joule, Kubina HR 3 was referred to the Chief Clerk for engrossment and enrollment. 1997-01-15 House Journal Page 0075 HR 4 The following was read the second time: HOUSE RESOLUTION NO. 4 Establishing a House Special Committee on Military and Veterans' Affairs. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 4 pass the House. There being no objection, HR 4 passed the House. The following committee members were appointed (page 10): Masek, Chair; Ryan, Kott, Mulder, Foster, Joule, Nicholia HR 4 was referred to the Chief Clerk for engrossment and enrollment. HR 5 The following was read the second time: HOUSE RESOLUTION NO. 5 Establishing a House Special Committee on Oil and Gas. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 5 pass the House. There being no objection, HR 5 passed the House. The following committee members were appointed (page 10): Hodgins, Chair; Ogan, Rokeberg, Ryan, Bunde, Brice, Kemplen HR 5 was referred to the Chief Clerk for engrossment and enrollment. HR 6 The following was read the second time: 1997-01-15 House Journal Page 0076 HR 6 HOUSE RESOLUTION NO. 6 Establishing a House Special Committee on Fisheries. The following fiscal note was published: Zero fiscal note, House Rules Committee, 1/15/97 Representative Porter moved and asked unanimous consent that HR 6 pass the House. There being no objection, HR 6 passed the House. The following committee members were appointed (page 10): Austerman, Chair; Ivan, Hodgins, Ogan, Kubina HR 6 was referred to the Chief Clerk for engrossment and enrollment. 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 Ogan - from 6:00 p.m., plane time, January 16 to p.m., ferry time, January 20, 1997 Representative Masek - from 6:25 a.m., plane time, January 17 to 9:34 a.m., plane time, January 20, 1997 Representative Kott - from 6:25 a.m., plane time, January 18 to 9:37 p.m., plane time, January 19, 1997 Representative Williams - from 6:25 a.m., plane time, January 17 to 9:45 a.m., plane time, January 20, 1997 Representative Croft - from 6:30 a.m., plane time, January 17 to 9:30 a.m., plane time, January 20, 1997 Representative Kubina - from 6:25 a.m., plane time, January 17 to 10:00 a.m., plane time, January 20, 1997 1997-01-15 House Journal Page 0077 Representative Kott - from 1:45 p.m., plane time, January 24 to 9:37 p.m., plane time, January 26, 1997 Representative Berkowitz - from 6:25 a.m., plane time, January 17 to 1:57 p.m., plane time, January 20, 1997 Representative Nicholia - from 6:30 p.m., plane time, January 17 to 10:00 p.m., plane time, January 21, 1997 Representative Porter - from 6:45 p.m., plane time, January 16 to 9:37 p.m., plane time, January 17, 1997 Representative Phillips - from 6:00 p.m., plane time, January 17 to 9:45 p.m., plane time, January 18, 1997 SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation In Memoriam - Alaska State Trooper Bruce Heck be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. The House observed a moment of silence in memory of Alaska State Trooper Bruce Heck. Representative Kubina moved and asked unanimous consent that the House approve the citation and that all members of the House be shown as cosponsors of the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Alaska State Trooper Bruce Heck By Representatives Kubina, Porter, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-01-15 House Journal Page 0078 UNFINISHED BUSINESS HB 55 The Speaker added a State Affairs Committee referral to follow the Transportation Committee referral for the following: HOUSE BILL NO. 55 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. HB 55 is in the Transportation Committee. HCR 4 Representative Dyson added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 4 Relating to records generated and maintained by the Department of Health and Social Services. ENGROSSMENT HCR 5 HCR 5 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 1:30 p.m., 1/15 Majority Caucus Speaker's Chamber 10:00 a.m., 1/20 Joint Session State of the Budget Address 8:00 p.m., 1/16 1997-01-15 House Journal Page 0079 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 16, 1997. There being no objection, the House adjourned at 10:57 a.m. Suzi Lowell Chief Clerk