Legislature(1997 - 1998)
1997-01-16 House Journal
Full Journal pdf1997-01-16 House Journal Page 0081 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday January 16, 1997 Fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:08 a.m. Roll call showed 37 members present. Representative Kohring had been previously excused from a call of the House today. Representatives Moses and Ogan 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 Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, You have called us together to serve the common good. In the course of this session, we need to reach out to meet the needs of all the people of our state...especially those in the weakest sectors of society. With the weapons of peace and reconciliation, help us bring healing where healing is needed. With the voice of experience, and the energy of new ideas, help us to face the challenges of our day. And, with an eye to the future, direct our efforts to write legislation that will be safe and sound for generations to come. Bless those who support us as staff, and those who advise us at hearings. Together, we can make this land all that You want it to be. Amen. The Pledge of Allegiance was led by Representative Brice. 1997-01-16 House Journal Page 0082 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the third legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dale and Carol Lindsey, Junior Achievement 1997 Laureates By Representatives Davis, Phillips, Hodgins; Senator Torgerson In Memoriam - George Miller, Jr. By Representatives Davis, Phillips, Hodgins; Senator Torgerson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 13 HOUSE JOINT RESOLUTION NO. 13 by Representative Rokeberg: Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. 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 74 HOUSE BILL NO. 74 by Representative Ogan, entitled: 1997-01-16 House Journal Page 0083 HB 74 An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of 'severely medically disabled' applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program. was read the first time and referred to the Judiciary and Finance Committees. **The presence of Representative Ogan was noted. HB 75 HOUSE BILL NO. 75 by the House Rules Committee by request of the Governor, entitled: An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 16, 1997, appears below: Dear Speaker Phillips: I am transmitting today my proposed operating and loans budget for fiscal year 1998. It brings us almost 90% of the way to the level of budget cuts I proposed last spring as part of a long range financial plan for Alaska: $100 million over three years. In fact, budget reductions since fiscal year 1995 now total more than $138 million and in todays 1997-01-16 House Journal Page 0084 HB 75 dollars, per capita general fund spending is $340 less than in 1979, even counting Permanent Fund dividends. Oil prices have remained high much longer than we anticipated when setting our $100 million goal for budget cuts. This is very good news but it is not cause for increased spending. While it means we do not expect a budget gap this year, cuts are still an important part of a responsible long range plan. However, the positive news of the past several months does reinforce my belief that we do not need to make drastic cuts to budgets and state services next year. Already, my budget has absorbed more than $40 million of increases such as education and other formula programs and additional employer costs. Cuts in the tens of millions on top of that will result in substantial program impacts. Although my bottom line is a reduced budget, I did make room for some increased investments for jobs and childrens services. For instance, the budget includes new test fisheries and increased permitting for oil and mining development. These would be paid for by those who will benefit from the new economic activity. I am also proposing to increase our commercial fisheries enforcement efforts using criminal fines and forfeitures from those who violate the laws that protect our valuable public resources. My budget fully funds education enrollment increases and pupil transportation with $15 million more than this years general fund level. To address the rising problem of juvenile crime and implement some key recommendations of the Youth and Justice Conference, I am proposing $2.7 million for new or expanded prevention, intervention and youth offender programs. I am also proposing a $200,000 increase in domestic violence funding, funds to add ten Village Public Safety Officers for villages which currently have no public safety personnel, and Medicaid eyeglasses, hearing aids, acute dental care and rehabilitative therapy for Alaskas poorest seniors and other adults. This bill opens the door for discussion of next years budget. I am looking forward to working on it in a spirit of cooperation with the 1997-01-16 House Journal Page 0085 HB 75 legislature and the public. I also stand ready to work with you in the development of, and commitment to, a responsible long-term financial plan which will keep Alaska ready and open for business with a strong economy, well-educated citizens and safe, healthy communities. Sincerely, /s/ Tony Knowles Governor HB 76 HOUSE BILL NO. 76 by the House Rules Committee by request of the Governor, entitled: An Act making appropriations for the operating expenses of the state's integrated comprehensive mental health program; and providing for an effective date. was read the first time and referred to the Finance Committee. A letter dated December 16, 1996 to the Alaska Mental Health Trust Authority from Annalee McConnell, Director, Office of Management and Budget, was attached and is on file in the Chief Clerk's office. The Governor's transmittal letter, dated January 16, 1997, appears below: Dear Speaker Phillips: As part of the budget package I am presenting to the legislature today, I am transmitting this separate appropriation bill for the states integrated, comprehensive mental health program. I have included a report explaining the differences between the appropriation bill and the recommendations of the Alaska Mental Health Trust Authority. This bill provides $114,993,700 for mental health programs throughout the state. Included in this amount is $6,097,200 from the Trust Authoritys authorized and administration receipts which would be administered by various state agencies according to the mental health bill appropriations listed in Section 3. Section 2 of the bill provides 1997-01-16 House Journal Page 0086 HB 76 that if these mental health trust receipts fall short of the estimates, the Section 3 appropriations will be reduced by the amount of the shortfall. The mental health trust litigation settlement included a requirement that mental health program appropriations be made through a bill separate from the rest of the operating budget and consider the Trust Authority recommendations. This is the second year in which the authority and four beneficiary planning boards (the Advisory Board on Alcoholism and Drug Abuse, the Alaska Mental Health Board, the Alaska Commission on Aging, and the Governors Council on Disabilities and Special Education) have worked together to develop recommendations for the mental health program. This bill reflects the progress being made toward a truly comprehensive and integrated mental health plan because of the partnership forged between the state, the Trust Authority, the planning boards and the mental health trust beneficiaries. Sincerely, /s/ Tony Knowles Governor HB 77 HOUSE BILL NO. 77 by the House Rules Committee by request of the Governor, entitled: An Act relating to eligibility for the longevity bonus; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education & Social Services, Labor & Commerce and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Administration, 1/16/97 Fiscal note, Dept. of Health & Social Services, 1/16/97 Zero fiscal note, Dept. of Health & Social Services, 1/16/97 1997-01-16 House Journal Page 0087 HB 77 The Governor's transmittal letter, dated January 16, 1997, appears below: Dear Speaker Phillips: As part of my Administrations effort to reduce state spending and address our budget gap, I am reintroducing a bill that sets income limits on the longevity bonus. These limits would be set so that only those senior citizens in upper income brackets who least rely on the bonus would no longer be eligible for the program. I asked the legislature to consider this proposal last year and still believe it is a responsible approach to our need to cut state spending. This bill would limit the longevity bonus to those senior citizens with gross incomes of less than $60,000 a year or, for married seniors, a combined annual gross income of $80,000. Although the 1993 amendments to the bonus statutes closed the program to any new applicants as of this year, the savings over the next few years are relatively small. The plan presented in this bill is estimated to reduce program costs by about 8 percent, or about $6 million annually. Another $2 million would be saved in accompanying hold harmless provisions of the Adult Public Assistance budget because the federal government will not count the longevity bonus against public assistance payments if the bonus carries an income restriction--such as contained in this bill. This proposal does not needs base the bonus program which some seniors oppose, believing that equates to welfare. Approximately 92 percent of seniors currently on the program, or more than 25,000 people, would see no change in their bonuses. The relatively high income level of $60,000 means the bonus would not just be limited to those seniors at lower incomes, but would continue to recognize the contributions of our Alaska seniors. This bill considers only income, not assets, so recipients with moderate incomes will continue to receive the bonus even if they own valuable but non-liquid assets, such as homestead property or a residence which has greatly increased in value over the years. Also, a senior made 1997-01-16 House Journal Page 0088 HB 77 ineligible for the bonus by this law would be reinstated to the program if his or her income later dropped below the cutoff levels. This proposal is a logical approach to trimming our budget gap without reducing essential programs and services to our residents. I urge your consideration of this measure. Sincerely, /s/ Tony Knowles Governor HB 78 HOUSE BILL NO. 78 by the House Rules Committee by request of the Governor, entitled: An Act relating to the definition of certain state receipts; and providing for an effective date. was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. The following fiscal note applies: Zero fiscal note, Office of the Governor/Various Depts., 1/16/97 The Governor's transmittal letter, dated January 16, 1997, appears below: Dear Speaker Phillips: As my Administration and the legislature work to cut the budget, we are faced with an accounting Catch-22: some increases in state spending have absolutely no effect on the fiscal gap. They are actually good for the state economy. Denying increases for economic development permitting, test fisheries or other services that users are willing to entirely pay for might help the bottom line for the state budget but they make no sense for the state economy. To avoid an 1997-01-16 House Journal Page 0089 HB 78 increase in the bottom line, totally unrelated programs are often cut to meet budget caps. This makes no sense from the customer side of the counter. In other cases, such as professional licensing or the regulation of insurance companies and utilities, the legislature has passed laws requiring the states responsibilities be fully fee-supported by the users. The fee is to be no more and no less than the cost of protecting the public interest. If an increase in the number of engineers or teachers needing licenses requires an increase in the cost of providing that service, should some other public service be penalized an equivalent amount? Of course not. Last year I proposed a way to eliminate this Catch-22 without limiting public disclosure of all state expenditures or the legislatures authority to appropriate. A version of my proposal was merged with SB265, a bill which cured the Catch-22 for test fisheries. Reintroduced in the Special Session as SB1009, it passed the House and was expected to pass the Senate when the clock ran out. I am reintroducing a designated program receipts bill with two updates. As before, it establishes a category of program receipts generated by state government activities and treats them the same way we currently handle fund sources such as university tuition, gifts and grants. In reviewing the bill for this year, we realized that two technical additions to the statute would be in order. One adds the term corporate receipts to the statutory list of program receipts, codifying the longstanding treatment of receipts generated by our public corporations (such as AHFC and AIDEA). The other adds earnings of the Childrens Trust which, I am very pleased to say, now has earnings for you to appropriate. Designated program receipts would still be appropriated by the legislature, but they would not be included in the tally of unrestricted general funds. For information purposes, both my FY97 and FY98 budgets have shown general fund spending with and without designated program receipts to make it very clear that increases in services paid for entirely with designated program receipts do not widen the budget gap. We would continue that practice. 1997-01-16 House Journal Page 0090 HB 78 This bill makes common sense changes to our budget process without sacrificing fiscal information or legislative prerogative. I urge your favorable consideration. Sincerely, /s/ Tony Knowles Governor HB 79 HOUSE BILL NO. 79 by Representative Bunde, entitled: An Act relating to the offense of possession of tobacco by a person under 19 years of age. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Mark Roderick McCoy, Eagle Scout By Representatives Mulder, Phillips, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Elton, Green, Hanley, James, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Richard I. Pegues By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Foster, Grussendorf, Hanley, James, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Sanders 1997-01-16 House Journal Page 0091 Honoring - Anchor Point Volunteer Fire Department By Senator Torgerson; Representatives Phillips, Berkowitz, Croft, Davies, Davis, Elton, Hodgins, James, Kott, Kubina, Masek, Nicholia, Ogan, Rokeberg, Sanders, Therriault, Vezey Honoring - Dolly Spencer, National Heritage Fellowship Award By Senator Torgerson; Representatives Phillips, Berkowitz, Cowdery, Croft, Davies, Davis, Elton, Foster, James, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Sanders, Vezey Honoring - Sylvia Thompson, for her One-Hundredth Birthday By Senator Torgerson; Representatives Phillips, Brice, Berkowitz, Davies, Davis, Croft, Elton, Green, Grussendorf, James, Hanley, Hodgins, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey Honoring - Victims for Justice, 1996 Foundation for Improvement of Justice Award By Senators Donley, Ellis; Representatives Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Elton, Hanley, James, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders In Memoriam - Burton C. Carver By Representatives Davis, Phillips, Hodgins, Berkowitz, Croft, Davies, Elton, James, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Sanders, Vezey; Senator Torgerson **The presence of Representative Moses was noted. 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 6:30 a.m., plane time, January 25 to 9:40 p.m., plane time, January 25, 1997 Representative Green - from 6:20 a.m., plane time, January 17 to 9:37 p.m., plane time, January 18, 1997 1997-01-16 House Journal Page 0092 Representative Kemplen - from 6:25 a.m., plane time, January 17 to 1:30 p.m., plane time, January 20, 1997 Representative Kookesh - from noon, plane time, January 16 to noon, plane time, January 18; and, from noon, plane time, January 24 to 9:00 a.m., plane time, January 26, 1997 Representative Croft - from 6:45 p.m., plane time, January 24 to 9:37 p.m., plane time, January 26; and, from 6:45 p.m., plane time, January 31 to 9:37 p.m., plane time, February 2, 1997 Representative Therriault - from 6:45 p.m., plane time, January 17 to 9:34 a.m., plane time, January 20; and, from 6:45 p.m., plane time, January 30 to 9:30 p.m., plane time, February 2, 1997 Representative James - from 6:25 a.m., plane time, January 22 to 9:37 p.m., plane time, January 22, 1997 Representative Austerman - from 6:25 a.m., plane time, January 30 to 10:11 p.m., plane time, January 30, 1997 Representative Moses - from 6:25 a.m., plane time, January 17 to 9:30 p.m., plane time, January 20, 1997 HCR 1 The Speaker added a Resources Committee referral to follow the House Special Committee on World Trade and State/Federal Relations referral for the following: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to a new Alaska liquefied natural gas project. HCR 1 is in the House Special Committee on World Trade and State/Federal Relations. HB 73 The Speaker added a Labor & Commerce Committee referral to follow the House Special Committee on Fisheries referral for the following: 1997-01-16 House Journal Page 0093 HB 73 HOUSE BILL NO. 73 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. HB 73 is in the House Special Committee on Fisheries. ANNOUNCEMENTS Minority Caucus upon recess, 1/16 Representative Porter moved and asked unanimous consent that the House recess until 7:45 p.m., for a joint session for the Governor's State of the Budget Address. There being no objection, the House recessed at 10:31 a.m. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Miller who called the joint session to order at 7:55 p.m. The purpose of the joint session was to hear the State of the Budget Address by the Honorable Tony Knowles, Governor of Alaska. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Miller introduced Fran Ulmer, Lieutenant Governor of the State of Alaska. 1997-01-16 House Journal Page 0094 President Miller introduced Susan Knowles, First Lady of the State of Alaska. President Miller appointed Representative Ryan and Senator Leman to escort the Governor to the joint session. The Senate Sergeant-at-Arms announced the Governor's entrance into the House Chamber. Governor Knowles was escorted to the rostrum and welcomed by President Miller. The Governors State of the Budget Address appears in House and Senate Joint Journal Supplement No. 2. Governor Knowles received a standing ovation and was escorted from the Chamber by Representative Ryan and Senator Leman. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 8:30 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 8:32 p.m. UNFINISHED BUSINESS HJR 13 Representative Hodgins added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 13 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. 1997-01-16 House Journal Page 0095 HB 2 Representative Martin added his name as cosponsor to: HOUSE BILL NO. 2 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. HB 58 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 58 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-01-16 House Journal Page 0096 ADJOURNMENT Representative Foster, moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 21, 1997. There being no objection, the House adjourned at 8:33 p.m. Suzi Lowell Chief Clerk