Legislature(1997 - 1998)
1998-01-12 House Journal
Full Journal pdf1998-01-12 House Journal Page 2011 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday January 12, 1998 First Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:08 a.m. Roll call showed 39 members present. Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Moses - to 3:30 p.m., plane time, January 14, 1998. An Honor Guard from the Boy Scouts of Troop 11 and Cub Scouts of Pack 15, composed of Peter Muse, Jordan Rowcroft, Mac Behrends, Ryan Ritter, Nicky Miller and Kevin Gullufsen presented the colors and led the Pledge of Allegiance. Balladeer Hobo Jim performed the songs "Alaska's Flag" and "Where Legends Are Born." The invocation was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In deepest respect for all the religious traditions present here today, I invite you into a time of prayer. Let us pray: 1998-01-12 House Journal Page 2012 God of grace and beauty, God of this time and this place, as we gather to begin the work set before us, may we come to know our work as holy. May we be guided to hear the voices of the ones most in need, and not merely listen, but also respond. Give us ears to hear, and eyes to see the faces and lives of those we serve as sacred. Equip us with what we need to serve the people with honor and humility. O God, may we never take ourselves too seriously, but rather let us be serious about serving. Grant us grace in the midst of conflict, calm in the midst of turmoil and humor in the midst of disagreement. May we strive for justice and dignity for all people, as we strive to bring out the best in each of us. Amen CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 118th and 119th legislative days, House Journal Supplements No. 8 and No. 9, and Final Supplement for the first session of the 20th Legislature be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker recognized Senators Lincoln and Phillips who advised that the Senate is in session and ready to do business. Representative Kott introduced the following House staff: Wes Alexander, Page - Tanana Nikki Jong, Page - Taylor Leila Kimbrell, Page - Soldotna Ben Maddox, Page - Anchorage Adam Wetzel, Page - Fairbanks Sean Riley, Sergeant-at-Arms Andy Urion, Assistant Sergeant-at-Arms 1998-01-12 House Journal Page 2013 Suzi Lowell, Chief Clerk Nancy Schaufelberger, Assistant Chief Clerk Peggy Sepulveda, Assistant Chief Clerk MESSAGES FROM THE GOVERNOR A message dated January 9, 1998, 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 13, 1998, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 15, 1998, at 8:00 p.m. for presentation of the State of the Budget Address. EO 100 EXECUTIVE ORDER NO. 100: Moving the responsibility for administration of the authentic Native handicraft identification seal program from the Department of Commerce & Economic Development to the Alaska State Council on the Arts within the Department of Education. was referred to the Community & Regional Affairs and Labor & Commerce Committees. The Governor's transmittal letter, dated January 12, 1998, appears below: "Dear Speaker Phillips: I am transmitting an Executive Order to formally transfer the authentic Native handicraft identification seal program, known as the "silver hand" program, from the Department of Commerce and Economic Development to the Alaska State Council on the Arts. This transfer places the program in an arm of state government more closely allied with the artistic nature of the articles that bear the program's seal. The council's general oversight of other artistic endeavors should allow for smooth integration of the administration of 1998-01-12 House Journal Page 2014 EO 100 the silver hand program. The transfer will result in better efficiency and more knowledgeable application of the statutory provisions. I urge your support of this Executive Order to help streamline state government operations. Sincerely, /s/ Tony Knowles Governor" The Speaker appointed Representatives James and Nicholia to advise the Governor that the House is in session and ready to do business. The Speaker appointed Representatives Ryan and Croft to advise the Senate that the House is in session and ready to do business. COMMUNICATIONS The following reports were received: Dept. of Administration Division of Finance Comprehensive Annual Financial Report July 1, 1996 - June 30, 1997 (as required by AS 37.05.210) Dept. of Commerce & Economic Development Comprehensive Health Insurance Association 1996 Annual Report (as required by AS 21.55.020(b)) Alaska Energy Authority Combined Financial Statements and Schedule June 30, 1997 and 1996 (as required by AS 44.83.940) 1998-01-12 House Journal Page 2015 Alaska Industrial Development and Export Authority 1997 Annual Report (as required by AS 44.88.210) Dept. of Fish & Game Commercial Fisheries Entry Commission Executive Summary from Changes in the Distribution of Alaska's Commercial Fisheries Entry Permits, 1975-1996 1996 Annual Report Internet Address: WWW.CFEC.STATE.AK.US (as required by AS 16.43.980) Dept. of Natural Resources Office of the Commissioner Actions taken by the Division of Parks and Outdoor Recreation that prohibit or restrict traditional means of access to the state park system (as required by AS 41.21.020(a)(14)) Dept. of Revenue Alaska Housing Finance Corporation 1997 Annual Report (as required by AS 18.56.200) Review and Report of Corporate Assets June 30, 1997 (as required by AS 18.56.089(b)) Alaska Permanent Fund Corporation 1997 Annual Report (as required by AS 37.13.170) Alaska State Pension Investment Board Teachers' Retirement System (TRS) and Public Employees' Retirement System (PERS) 1997 Annual Report of Investments (as required by AS 37.10.220) 1998-01-12 House Journal Page 2016 Legislative Affairs Agency Division of Legal and Research Services Report Examining Court Decisions and Opinions of the Attorney General Construing Alaska Statutes (as required by AS 24.20.065(b)) Division of Legislative Audit Legislative Budget and Audit Committee Audit Reports (as required by AS 24.20.311) State of Alaska, Single Audit For the Fiscal Year Ended June 30, 1996 Dept. of Commerce & Economic Development, Dept. of Fish & Game Review of Funding and Operation of Private Nonprofit Hatcheries August 22, 1997 Dept. of Commerce & Economic Development Division of Occupational Licensing Occupation Fee Setting Policies and Regulatory Costs October 3, 1997 Selected Occupational Licensing Investigations Issues June 13, 1997 Dept. of Environmental Conservation Division of Facility Construction and Operation Village Safe Water Program Force Account Construction and Sovereignty Issues August 13, 1997 Dept. of Health & Social Services Divisions of Medical Assistance and Mental Health and Developmental Disabilities Community Mental Health Center Program Selected Issues September 1, 1997 1998-01-12 House Journal Page 2017 Dept. of Labor, Dept. of Natural Resources Oil Company Hiring, Procurement and Contracting Issues August 31, 1997 Dept. of Law Legal Service Contract Review March 24, 1997 Dept. of Natural Resources, Dept. of Fish & Game, Dept. of Law Waterway Management Issues March 28, 1997 Dept. of Revenue Division of Gaming Gaming Policies, Procedures and Operations April 9, 1997 Alcoholic Beverage Control Board September 8, 1997 Dept. of Transportation & Public Facilities Capital Construction Costs July 25, 1997 University of Alaska Selected Russian Programs September 25, 1997 HCR 8 Pursuant to the following: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. (Legislative Resolve No. 14) The following report was received: Alaska State Legislature Deferred Maintenance Task Force 1998-01-12 House Journal Page 2018 HCR 8 Building Alaska for the 21st Century Representative Mulder and Senator Kelly, Co-chairs The following transmittal letter dated January 12, 1998, was read: "Dear Speaker Phillips: The Deferred Maintenance Task Force has completed its assigned task. It adopted the attached report to the Governor and the Legislature on January 10, 1998. You will receive a formal printed copy when they are completed. The Task Force worked diligently to identify state assets with deferred maintenance needs. We have a proposal for financing the needed repairs. We have recommendations to prevent a reoccurrence of the problem we were called together to help resolve. The House and Senate Rules Committees will introduce six pieces of legislation today at the request of the Deferred Maintenance Task Force. This will begin the formal legislative discussions on addressing the deferred maintenance needs we identified. However, the current trend in oil pricing, and its future impact on the Constitutional Budget Reserve, may dictate a less ambitious approach to solving the entire problem at this time. Fiscal prudence may require the proposal to be scaled back to the most essential elements. We expect the Legislature, over the next several months, to assess this impact as it considers the legislative package. Sincerely, /s/ Senator Tim Kelly Senate Co-chair /s/ Representative Eldon Mulder House Co-chair" 1998-01-12 House Journal Page 2019 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Colony Girls' Cross-Country Running Team, 1997 Alaska State 4-A Champions By Senator Green In Memoriam - Edward Rainier Estes By Senator Torgerson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS (Note: Capitalized names on prefiled bills and resolutions indicate prime sponsorship) HCR 23 HOUSE CONCURRENT RESOLUTION NO. 23 by the House Rules Committee: Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to minutes for committee meetings; and providing for an effective date. was read the first time and referred to the Rules Committee. HCR 24 HOUSE CONCURRENT RESOLUTION NO. 24 by the House Rules Committee by request of the Deferred Maintenance Task Force: Relating to the use of prototype designs in public school construction projects. was read the first time and referred to the State Affairs and Finance Committees. 1998-01-12 House Journal Page 2020 HJR 44 (Prefile released January 9, 1998) HOUSE JOINT RESOLUTION NO. 44 by Representatives PORTER and MULDER: Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature. was read the first time and referred to the Judiciary and Finance Committees. HJR 45 HOUSE JOINT RESOLUTION NO. 45 by Representative Phillips: Proposing amendments to the Constitution of the State of Alaska relating to a biennial state budget, to the appropriation limit, and to appropriations from the budget reserve fund. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 290 (Prefile released January 2, 1998) HOUSE BILL NO. 290 by Representative Green by request, entitled: "An Act relating to motor vehicle license plates for ranchers, farmers, and dairymen." was read the first time and referred to the Transportation Committee. HB 291 (Prefile released January 2, 1998) HOUSE BILL NO. 291 by Representative Hodgins, entitled: 1998-01-12 House Journal Page 2021 HB 291 "An Act requiring certain motor vehicles to yield to following traffic." was read the first time and referred to the Transportation and Judiciary Committees. HB 292 (Prefile released January 2, 1998) HOUSE BILL NO. 292 by Representative Hodgins, entitled: "An Act relating to certain inspections of residential wastewater and sewage disposal systems; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 293 (Prefile released January 2, 1998) HOUSE BILL NO. 293 by Representative Porter, entitled: "An Act relating to collection of settlement information in civil litigation; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 294 (Prefile released January 2, 1998) HOUSE BILL NO. 294 by Representatives Kubina, Joule, Davies, Brice, Croft, Elton and Kookesh, entitled: "An Act relating to the formula funding public education; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1998-01-12 House Journal Page 2022 HB 295 (Prefile released January 2, 1998) HOUSE BILL NO. 295 by Representatives Hodgins and Kohring, entitled: "An Act relating to enforcement of subsistence hunting and fishing laws." was read the first time and referred to the Resources and Judiciary Committees. HB 296 (Prefile released January 2, 1998) HOUSE BILL NO. 296 by Representatives Brice, Therriault, and Davies, entitled: "An Act extending the termination date of the Alaska Minerals Commission." was read the first time and referred to the Resources Committee. HB 297 (Prefile released January 2, 1998) HOUSE BILL NO. 297 by Representative Martin, entitled: "An Act relating to the definitions of 'general fund,' 'state treasury,' and 'program receipts'; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 298 (Prefile released January 2, 1998) HOUSE BILL NO. 298 by Representative Hodgins, entitled: "An Act relating to denial of renewal of a liquor license; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. 1998-01-12 House Journal Page 2023 HB 299 (Prefile released January 2, 1998) HOUSE BILL NO. 299 by Representatives Williams and Croft, entitled: "An Act reducing excise tax rates for pipe tobacco and certain cigars, cheroots, and stogies." was read the first time and referred to the Finance Committee. HB 300 (Prefile released January 2, 1998) HOUSE BILL NO. 300 by Representatives Bunde and James, entitled: "An Act relating to health insurance; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 301 (Prefile released January 2, 1998) HOUSE BILL NO. 301 by Representative Ivan, entitled: "An Act relating to wages on public construction projects in areas covered by a declaration of economic disaster." was read the first time and referred to the Labor & Commerce Committee. HB 302 (Prefile released January 2, 1998) HOUSE BILL NO. 302 by Representative Bunde, entitled: "An Act relating to the University of Alaska; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1998-01-12 House Journal Page 2024 HB 303 (Prefile released January 2, 1998) HOUSE BILL NO. 303 by Representatives Elton and Davies, entitled: "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 304 (Prefile released January 2, 1998) HOUSE BILL NO. 304 by Representatives GREEN and 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 305 (Prefile released January 9, 1998) HOUSE BILL NO. 305 by Representatives HUDSON and ELTON, entitled: "An Act relating to the offense of selling or giving tobacco to a minor; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 306 (Prefile released January 9, 1998) HOUSE BILL NO. 306 by Representatives ROKEBERG and RYAN, entitled: 1998-01-12 House Journal Page 2025 HB 306 "An Act relating to the real estate surety fund." was read the first time and referred to the Labor & Commerce Committee. HB 307 (Prefile released January 9, 1998) HOUSE BILL NO. 307 by Representative Green, entitled: "An Act relating to custody of and visitation rights concerning children; and relating to an obligor's liability to the state for public money paid to support the obligor's children." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 308 HOUSE BILL NO. 308 by the House Rules Committee by request of the Legislative Budget & Audit Committee, entitled: "An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 309 HOUSE BILL NO. 309 by Representatives Cowdery, Barnes, Phillips, Ryan, Mulder, Green and Porter, entitled: "An Act naming the Robert B. Atwood Building." was read the first time and referred to the State Affairs Committee. HB 310 HOUSE BILL NO. 310 by Representative Austerman, entitled: "An Act relating to the utilization of groundfish; and providing for an effective date." 1998-01-12 House Journal Page 2026 HB 310 was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 311 HOUSE BILL NO. 311 by Representatives Croft and Ryan, entitled: "An Act relating to automated teller machines." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 312 HOUSE BILL NO. 312 by the House Rules Committee by request of the Deferred Maintenance Task Force, entitled: "An Act relating to the Public Facilities Financing Corporation; authorizing an advisory vote on whether the legislature should appropriate $1,500,000,000 from the constitutional budget reserve fund to capitalize the build Alaska fund; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 313 HOUSE BILL NO. 313 by the House Rules Committee by request of the Deferred Maintenance Task Force, entitled: "An Act relating to preventive maintenance programs required for certain state grants; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 314 HOUSE BILL NO. 314 by the House Rules Committee by request of the Deferred Maintenance Task Force, entitled: 1998-01-12 House Journal Page 2027 HB 314 "An Act making a special appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund to the build Alaska fund; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 315 HOUSE BILL NO. 315 by the House Rules Committee by request of the Deferred Maintenance Task Force, entitled: "An Act relating to operating appropriations for annual maintenance and repair and periodic renewal and replacement of public buildings and facilities; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 316 HOUSE BILL NO. 316 by the House Rules Committee by request of the Deferred Maintenance Task Force, entitled: "An Act authorizing projects of the Public Facilities Financing Corporation and the amount of the cost of the projects that may be borne by the Public Facilities Financing Corporation; and providing for an effective date." was read the first time and referred to the Finance Committee. 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 Berkowitz - from 3:00 p.m., plane time, January 16 to 10:05 a.m., plane time, January 19, 1998 1998-01-12 House Journal Page 2028 Representative Hodgins - from 4:00 p.m., plane time, January 17 to 10:05 a.m., plane time, January 20, 1998; and, from 6:00 a.m., plane time, March 13 to 10:05 a.m., plane time, March 18, 1998 Representative Sanders - from 1:00 p.m., plane time, January 16 to 9:00 a.m., plane time, January 19, 1998 HR 7 Pursuant to the following: HOUSE RESOLUTION NO. 7 Establishing a House Special Committee on Telecommunications. the Speaker appointed the following members: Representative Porter, Chair Representative Ivan Representative James Representative Dyson Representative Berkowitz SJR 3 Representatives James, Porter, Martin, Barnes, Sanders, Kohring, Cowdery, Dyson, Masek, Austerman and Phillips added their names as cross sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. ANNOUNCEMENTS House committee schedules are published daily under separate cover. A House committee schedule was published under separate cover on January 9, 1998. 1998-01-12 House Journal Page 2029 Joint Session State of the State 7:45 p.m., 1/13 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 7:30 p.m, January 13, 1998. There being no objection, the House adjourned at 12:16 p.m. Suzi Lowell Chief Clerk