Legislature(1997 - 1998)
1997-03-05 House Journal
Full Journal pdf1997-03-05 House Journal Page 0533 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 5, 1997 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:07 a.m. Roll call showed 36 members present. Representative Grussendorf had been previously excused from a call of the House today. Representative Dyson was excused from a call of the House due to illness. Representative Hanley was absent and his presence was noted later. Representative Porter moved and asked unanimous consent that Representatives Moses previous excuse be extended through today (p.428). There being no objection, it was so ordered. The invocation was offered by the Chaplain, Associate Pastor Mary Ann Warden of the Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: God of life, There are days when the burdens we carry are heavy on our shoulders and weigh us down, when the road seems dreary and endless, the skies gray and threatening, when our lives have no music in them, and our hearts are lonely, and our souls have lost their courage. Flood the path with light, turn our eyes to where the skies are full of promise; tune our hearts to brave music; give us the sense of comradeship with heroes, heroines, and saints of every age; and so quicken our spirits 1997-03-05 House Journal Page 0534 that we may be able to encourage the souls of all who journey with us on the road of life, to Your honor and glory. Amen. (From Book of Common Worship) The Pledge of Allegiance was led by Representative Kemplen. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 45th, 46th, 47th, 48th, 49th, 50th and 51st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 43 A message dated February 27, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 43(FIN) An Act relating to registration of vehicles, to municipal taxation of vehicles, and to emission control inspection fees for vehicles; and providing for an effective date. CSHB 43(FIN) was referred to the Chief Clerk for enrollment. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS Messages dated February 27, 1997, were read stating the Senate has passed the following, and they are transmitted for consideration: SCR 4 SENATE CONCURRENT RESOLUTION NO. 4 by Senators Ward, Halford, Taylor, Leman, Pearce, Green, Lincoln, Phillips and Miller: 1997-03-05 House Journal Page 0535 SCR 4 Relating to declaring March 1997 as Sobriety Awareness Month. was read the first time and referred to the Rules Committee for placement on the calendar. FIRST READING AND REFERENCE OF SENATE BILLS SB 38 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) by the Senate Judiciary Committee, entitled: An Act relating to anatomical gifts, living wills, and do not resuscitate orders. was read the first time and referred to the Judiciary and Finance Committees. COMMUNICATIONS The following reports were received: Dept. of Health & Social Services Division of Mental Health & Developmental Disabilities Alaska Psychiatric Institute Annual Report, 1996 Office of the Governor Alaska State Commission for Human Rights 1996 Annual Report REPORTS OF STANDING COMMITTEES HB 23 The Resources Committee has considered: 1997-03-05 House Journal Page 0536 HB 23 HOUSE BILL NO. 23 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. and recommends it be replaced with: CS FOR HOUSE BILL NO. 23(RES) An Act relating to management of state land; and relating to access to land. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Dyson, Green, Masek, Ogan, Hudson No recommendation (1): Joule The following fiscal note applies to CSHB 23(RES): Zero fiscal note, House Resources Committee/Dept. of Natural Resources, 3/5/97 HB 23 was referred to the Finance Committee. HB 51 The Finance Committee has considered: HOUSE BILL NO. 51 An Act relating to the Department of Environmental Conservation. and recommends it be replaced with: CS FOR HOUSE BILL NO. 51(FIN) An Act relating to water quality and the procedures required to implement certain federal regulatory changes. 1997-03-05 House Journal Page 0537 HB 51 The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Therriault, Foster, Mulder, Martin, Kohring, Kelly, Davis No recommendation (1): Moses Amend (2): Davies, Grussendorf The following fiscal notes apply to CSHB 51(FIN): Fiscal note, Dept. of Environmental Conservation, 3/5/97 Fiscal note, Dept. of Fish & Game, 3/5/97 HB 51 was referred to the Rules Committee for placement on the calendar. HB 121 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 121 An Act relating to A.W. Brindle memorial scholarship loans; and providing for an effective date. The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Dyson, Bunde, Porter No recommendation (3): Green, Kemplen, Brice The following fiscal note applies: Zero fiscal note, Dept. of Education, 3/5/97 HB 121 was referred to the Rules Committee for placement on the calendar. 1997-03-05 House Journal Page 0538 HB 145 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 145 An Act relating to certification of teachers. and recommends it be replaced with: CS FOR HOUSE BILL NO. 145(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Green, Bunde, Porter Do not pass (2): Dyson, Kemplen No recommendation (1): Brice The following fiscal note applies to CSHB 145(HES): Fiscal note, Dept. of Education, 3/5/97 The committee recommends an additional referral to the Finance Committee. HB 145 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Joyanne Bloom, Alaska Close Up Program By Representatives Elton, Hudson; Senator Duncan Honoring - Kenneth Sykes By Representative Barnes 1997-03-05 House Journal Page 0539 Honoring - James M. Wilson, 1996 Pilot of the Year By Senator Duncan; Representatives Elton, Hudson In Memoriam - Edna Brown By Representative Brice In Memoriam - Stanley Odis Smith By Representatives Barnes, Ryan In Memoriam - Judge Ralph Moody By Representative Berkowitz In Memoriam - Ronald Dale Edwards By Senator Hoffman; Representative Ivan INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 26 HOUSE JOINT RESOLUTION NO. 26 by Representative Masek: Proposing amendments to the Constitution of the State of Alaska relating to the preferred use of fish, wildlife, and other replenishable resources and prohibiting the use of the initiative and referendum in regard to certain matters relating to fish, wildlife, and other replenishable resources. was read the first time and referred to the House Special Committee on Fisheries, the Resources and Judiciary Committees. HJR 27 HOUSE JOINT RESOLUTION NO. 27 by Representative Ivan: Requesting the Federal Aviation Administration to grant exemptions from the commuter rule in order to maintain a high level of air safety and air transportation service in rural Alaska. was read the first time and referred to the Transportation Committee. 1997-03-05 House Journal Page 0540 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 165 HOUSE BILL NO. 165 by the House Rules Committee by request of the Governor, entitled: An Act making and amending capital and other appropriations 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 February 27, 1997, appears below: Dear Speaker Phillips: My proposed fiscal year 1998 capital budget focuses squarely on creating new jobs, ensuring public health and safety, developing our transportation systems, and maintaining our schools and university. It directs approximately $100 million in state general funds plus federal and other monies for a total of $630 million to address our most pressing capital needs. This will provide jobs for Alaskans and increased safety, health, and housing in our communities. Nevertheless, significant needs remain in the areas of schools, prisons and deferred maintenance that require our immediate bipartisan attention. My proposed budget effectively leverages federal funds, including $27 million new dollars for safe drinking water projects. It increases our commitment to safe water and sanitation for Alaskas rural and urban communities with 5 million more state and 39 million more federal dollars than we have this year. It uses new federal funds to help relieve overcrowding in our prisons and to build National Guard and related facilities in four communities. Our general fund capital budgets have been severely limited for several years in a row. To relieve some of this pressure, my budget uses corporate receipts from the Alaska Industrial Development and Export Authority (AIDEA) and the Alaska Housing Development Corporation (AHFC) to fund projects in our communities and agencies which are 1997-03-05 House Journal Page 0541 HB 165 related to the economic development and housing missions of these valuable state corporations. The approach we took last year effectively utilized excess AHFC earnings while assuring its continued excellent bond ratings. This year, I am proposing we reinvest our $16 million AIDEA dividend in fisheries, timber, mining, oil and gas, tourism, and small business development projects which will leverage even more jobs and economic expansion for Alaskas communities. Even with these additional resources from our state corporations, after three years of general fund budget reductions, I believe the list of high priority unfunded projects is unacceptable. In recent years, Alaska has neglected some capital investment areas to the point where a single annual budget barely makes a dent in the needs statewide. Key among these are criminal justice and education. I have asked my Criminal Justice Cabinet to send you a letter outlining the most pressing capital needs for adult and youth correctional facilities. Education Commissioner Holloway will send you a letter describing what is required to provide adequate school facilities including modern technology so our children can develop essential work skills. Our existing state-owned facilities also demand our attention. We have shamefully ignored the national mandate to make our facilities accessible to Alaskans who experience disabilities. We are seriously risking public investments in our schools, university, roads, airports, harbors, prisons and other public facilities by neglecting their maintenance. I would note that as we tackle the deferred maintenance problem, we must do more than just fund it in the capital budget. We must restore responsible levels of annual operating funding for ongoing maintenance, renewal and replacement. Future generations will judge us harshly if we eliminate the current deferred maintenance project list but do nothing to prevent future backlogs. Last spring, I proposed a Six Year Capital Plan for Alaska. Many of our communities have six year plans, yet the state has no general guideline for its future capital investments. My Administrations proposed plan recommended funding allocations for K-12 and university education, economic development, public safety, transportation, and other major areas of the capital budget. It suggested an overall financing plan for them. 1997-03-05 House Journal Page 0542 HB 165 I believe we can - in fact, we must - implement a multi-year plan to address these and other critical areas of capital needs. It is irresponsible of us not to do so. We must come to agreement about an appropriate balance among the types of projects to be funded each year. We must decide on the most appropriate financing methods and ensure they fit into a responsible long-term financial plan. Unlike some states, we are not without any financial tools to tackle the job ahead. Our job is enormous but achievable. We will deliver an updated six year plan to you within the next few days for your consideration during the session. With delivery of this FY98 capital budget, I look forward to joining with you in developing a realistic, financially responsible solution to Alaskas capital needs for fiscal year 1998 as well as for the following five years. Sincerely, /s/ Tony Knowles Governor HB 166 HOUSE BILL NO. 166 by Representative Masek, entitled: An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty when certain of those murders are committed against children; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure. was read the first time and referred to the Judiciary and Finance Committees. HB 167 HOUSE BILL NO. 167 by Representative Ivan, entitled: 1997-03-05 House Journal Page 0543 HB 167 An Act repealing certain requirements relating to posting and reporting of prices paid for salmon. was read the first time and referred to the Labor & Commerce Committee. HB 168 HOUSE BILL NO. 168 by Representative Masek, entitled: An Act relating to use of traditional means of access to assist in taking game or fish and to traditional means of access for traditional outdoor activities on land and water set aside for fish and game purposes; and providing for an effective date. was read the first time and referred to the Resources and State Affairs Committees. HB 169 HOUSE BILL NO. 169 by the House Rules Committee by request of the Governor, entitled: An Act relating to welfare to work tax credits under the Alaska Net Income Tax Act; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs, and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Revenue, 3/5/97 Indeterminate fiscal note, Dept. of Health & Social Services, 3/5/97 Zero fiscal note, Dept. of Labor, 3/5/97 The Governor's transmittal letter, dated March 4, 1997, appears below: Dear Speaker Phillips: Last year I signed into law a bill commonly referred to as welfare reform, but I called it a bill to put Alaskans to work. Today I am sending to the Legislature part two of that effort to take people off the 1997-03-05 House Journal Page 0544 HB 169 welfare rolls and put them on the payrolls. With this bill I am launching my Alaska Business Investment Incentive Plan which will include several measures to be presented over the next two weeks. This bill establishes the Alaska welfare to work program which offers a tax credit to corporations that hire people who receive public assistance. The tax credit will provide an incentive to corporations to hire public aid recipients which will assist in the states effort to move people off of welfare. This new program would offer an employer a tax credit of 15 percent of an employees eligible wages, capped at $1,000 per employee. Additional credit of up to $500 may be earned if the employer provides training that qualifies as a work activity under last years reform bill. To compare that with our current costs under welfare, the average public assistance payment is $778 per month, or $4,668 over six months--far exceeding the $1,000 to $1,500 tax credit proposed in this legislation. In order for an employer to earn the credit, the employee must remain in the job for 180 days or 400 hours. The employment does not, however, have to be uninterrupted or within a year of initial hire. This ensures that employers who experience a need for a temporary layoff, or work in seasonal industries, are eligible for the tax credit. The Alaska Welfare to Work program mirrors the federal work opportunity tax credit program and should operate seamlessly with that national effort so the Department of Labor can easily administer both programs and avoid confusion for employers. Unlike the federal program, though, the Alaska credit would only apply to the hiring of people in Alaska. Because thats the whole point of this program-- hiring Alaskans--this bill also eliminates a current provision in state law that allows out-of-state corporations to take a credit on their Alaska income tax for hiring someone on public assistance in Los Angeles, or Detroit, or anywhere in the other 49 states. That federal credit is actually relatively small compared to the credit in this proposal. Corporations hiring Alaskans stand to gain much more under the Welfare to Work plan than they would lose in applying the federal credit to Alaska corporate income tax. 1997-03-05 House Journal Page 0545 HB 169 Jobs are the answer to reducing our welfare rolls. To the extent this new program can encourage the private sector to help people work their way off public assistance, we are all better served. Lets continue the work we began last year by passing this bill and getting Alaskans to work. Sincerely, /s/ Tony Knowles Governor **The presence of Representative Hanley was noted. HB 170 HOUSE BILL NO. 170 by Representative Brice, entitled: An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their training period. was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. HB 171 HOUSE BILL NO. 171 by Representatives Hodgins, Austerman, Cowdery, Davis, Dyson, Green, Ivan, Kohring, Martin, Ogan, Ryan, Sanders and Foster, entitled: An Act relating to the state environmental policy and changing the name of the Department of Environmental Conservation to the Department of Environmental Development. was read the first time and referred to the Resources Committee. HB 172 HOUSE BILL NO. 172 by Representative Cowdery, entitled: 1997-03-05 House Journal Page 0546 HB 172 An Act relating to the distribution and public inspection of the proposed budget and general appropriation bill and of state agency program and financial plans. was read the first time and referred to the State Affairs and Finance Committees. HB 173 HOUSE BILL NO. 173 by Representative Foster, entitled: An Act relating to the small operator surface coal mining assistance program under the Alaska Surface Mining Control and Reclamation Act and to exploration incentive credits for locatable or leasable minerals or coal deposits. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 114 The following was read the second time: HOUSE BILL NO. 114 An Act relating to health care data and registration of births. with the: Journal Page HES RPT 3DP 3NR 481 2 ZERO FISCAL NOTES (DHSS) 481 Representative Porter moved and asked unanimous consent that HB114 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 114 was read the third time. 1997-03-05 House Journal Page 0547 HB 114 The question being: Shall HB 114 pass the House? The roll was taken with the following result: HB 114 Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Ogan, Vezey Excused: Dyson, Grussendorf, Moses Absent: Croft And so, HB 114 passed the House and was referred to the Chief Clerk for engrossment. 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 - Village Public Safety Officer Academy Graduates By Representatives Nicholia, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Ogan, Porter, Ryan, Vezey, Williams Honoring - Yakutat Eagles Boys' Basketball Team, 1997 Southeast Region VIIA Conference Champions By Senator Mackie; Representatives Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-03-05 House Journal Page 0548 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 Hudson - from 6:00 a.m., plane time, March 7 to 10:03 p.m., plane time, March 7, 1997 Representative Martin - from 9:00 a.m., March 11 to noon, March 11, 1997 Representative Masek - from 6:45 p.m., plane time, March 27 to 9:33 a.m., plane time, April 2, 1997 (amended from page 139) HB 95 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 95 An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date. HB 95 is in the Judiciary Committee. HB 145 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 145 An Act relating to certification of teachers. HB 145 was removed from the Rules Committee and referred to the Finance Committee. RECONSIDERATION SB 56 Representative Davies brought up reconsideration of the vote on SB 56 (page 515). 1997-03-05 House Journal Page 0549 SB 56 The following was again before the House in third reading: SENATE BILL NO. 56 An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. Representative Davies moved and asked unanimous consent that SB 56 be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 9 (page 513). Objection was heard. Representative Davies moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The Speaker stated that reconsideration of SB 56 would be held to the March 6, 1997, calendar. UNFINISHED BUSINESS HB 25 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 25 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. HB 25 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HCR 13 Representative James added her name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 13 Relating to management of Alaska's wildlife resources. 1997-03-05 House Journal Page 0550 HJR 19 Representative Cowdery added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 19 Proposing amendments to the Constitution of the State of Alaska relating to the election and the duties of the attorney general. HJR 24 Representative Ogan added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 24 Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. SCR 4 Representative Porter added his name as cross sponsor to: SENATE CONCURRENT RESOLUTION NO. 4 Relating to declaring March 1997 as Sobriety Awareness Month. SJR 7 Representative Kott added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 7 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. ENGROSSMENT HB 114 HB 114 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 41 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:30 a.m., March 3, 1997: 1997-03-05 House Journal Page 0551 HB 41 CS FOR HOUSE BILL NO. 41(L&C) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:00 p.m., 3/6 Majority Caucus Speaker's Chamber 1:00 p.m., 3/8 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 6, 1997. There being no objection, the House adjourned at 12 noon. Suzi Lowell Chief Clerk