Legislature(1997 - 1998)
1998-01-16 House Journal
Full Journal pdf1998-01-16 House Journal Page 2059 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 16, 1998 Fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 34 members present. Representatives Moses, Williams and Hanley had been previously excused from a call of the House today. Representatives Kott and Therriault were absent and their presence was noted later. Representative Kohring was absent. The invocation was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Representative Davies 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 today, let us pray: O God of Creation, let us have this one brief moment of time as a way to connect with the sacred. May the light of morning, the work set before us and the voices of our colleagues bring our spirits into focus toward the best way to serve all the people. O God, plunge us into a place of caring and responsibility, guided by the values and vision that You gave to people throughout the centuries. Give meaning to our work, that what we do will touch lives, and make a difference. Amen. 1998-01-16 House Journal Page 2060 The Pledge of Allegiance was led by Representative Vezey. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the fourth legislative day and Senate and House Joint Journal Supplement No. 11 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 - Linny Pacillo and Susan Pacillo, A.K.A. "The Parking Fairies" By Representative Dyson **The presence of Representative Therriault was noted. In Memoriam - Alma Jenny By Representative Grussendorf In Memoriam - Terence Jay Nikodym By Representative Grussendorf INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 47 HOUSE JOINT RESOLUTION NO. 47 by Representatives Cowdery and Phillips: Proposing amendments to the Constitution of the State of Alaska relating to the nomination, selection, appointment, and public approval or rejection of justices of the supreme court and of judges 1998-01-16 House Journal Page 2061 HJR 47 of courts established by the legislature that have as an exclusive purpose the exercise of appellate jurisdiction over judicial acts and proceedings, and requiring legislative confirmation of those justices and judges and of the appointed members of the judicial council. was read the first time and referred to the Judiciary and Finance Committees. HJR 48 HOUSE JOINT RESOLUTION NO. 48 by Representatives Grussendorf and Austerman: Supporting passage of S. 1221, the "American Fisheries Act," by the United States Congress. was read the first time and referred to the House Special Committee on Fisheries. **The presence of Representative Kott was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 324 HOUSE BILL NO. 324 by Representative Ogan, entitled: "An Act relating to liens for municipal assessments for certain utility improvements." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 325 HOUSE BILL NO. 325 by the House Rules Committee by request of the Governor, entitled: 1998-01-16 House Journal Page 2062 HB 325 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; 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, 1998, appears below: "Dear Speaker Phillips: I am transmitting my proposed operating and loans budget for fiscal year 1999 to you today. Even with the investments I have proposed for Quality Education and Smart Start for Alaskas Children, this budget is a $150 million reduction since fiscal year 1995. In todays dollars, per capita general fund spending would be $1,470 less than in 1979. Last year, my transmittal letter stated: 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. Administration and Legislature alike can be commended for not taking higher oil prices as license to spend. We wisely let the funds remain in the Constitutional Budget Reserve knowing at some point we'll have periods of low oil prices. My proposed budget would maintain a Constitutional Budget Reserve Fund of well over $2 billion, a healthy level, even if oil prices were to remain at $15 for the rest of this year and all of FY99. My budget proposes investing in our children in two ways: improving their education and protecting them from harm with our Quality Schools and Smart Start initiatives. We should do both simply on the basis of being responsible leaders and parents. But they are also cost- effective in the long term. Can better education cut costs? The average prisoner in Alaska has a seventh grade education. Can the crime prevention programs in Smart Start make a difference? Keeping one youngster in a juvenile detention facility for one year costs 1998-01-16 House Journal Page 2063 HB 325 $60,000. These investments make good budget sense and they make sense for keeping Alaskas families strong and our childrens futures bright. I look forward to working cooperatively with you on crafting the budget this session, (and, at your suggestion, to the possibility of doing our budgets every two years!). We have much to be grateful for in Alaska with our growing economy, healthy reserves, and low debt. Lets realize our opportunity and accept our responsibility to make these relatively modest but effective investments in our children and more good jobs for Alaskans. Sincerely, /s/ Tony Knowles Governor" HB 326 HOUSE BILL NO. 326 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating and capital 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 January 14, 1998, 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, 1998, 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. This bill includes 1998-01-16 House Journal Page 2064 HB 326 both operating and capital appropriations. As required by statute, I have attached a report of the differences between my proposed budget and the recommendations of the Alaska Mental Health Trust Authority. Several of my mental health budget increases are part of our Smart Start for Alaskas Children initiative which is funded by reallocating general funds previously needed to match federal Medicaid dollars. This reallocation provides much-needed resources for Mental Health Trust Authority beneficiaries throughout Alaska. Funding for this bill comes from state general funds and Trust Authority receipts. In addition, Alaska Housing Finance Corporation receipts are used for housing-related capital projects. This bill is a comprehensive package that has been developed through a positive and productive working relationship between my Administration, members of the Board of Trustees, and their staff. We look forward to working with the Legislature to support these proposed investments for Trust beneficiaries. Sincerely, /s/ Tony Knowles Governor" HB 327 HOUSE BILL NO. 327 by the House Rules Committee by request of the Governor, entitled: "An Act making and amending capital appropriations and reappropriations and capitalizing 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, 1998, appears below: 1998-01-16 House Journal Page 2065 HB 327 "Dear Speaker Phillips: Our capital budget of $92.3 million in state general funds leverages a total capital budget of $871 million. It includes projects to create new jobs, ensure public health, provide for child and family safety, strengthen our transportation infrastructure, and maintain our university buildings. As part of our overall capital plan, I will be submitting separate legislation to fund all projects on the current school district maintenance and construction lists. I will also introduce a bill to implement the first phase of a regional construction plan to relieve dangerous prison overcrowding. We all know general fund capital budgets in recent years have not been adequate to meet the needs of Alaskan families, communities and businesses. To relieve some of this pressure, I again recommend to you that we invest the states $16 million dividend from the Alaska Industrial Development and Export Authority directly in economic development projects around the state. I also again recommend using $53 million of corporate receipts from the Alaska Housing Development Corporation for housing-related projects such as retiring honey buckets and fixing our Pioneer Homes. The public, the Legislature and my Administration all agree that we are seriously risking Alaskas investments in our capital facilities by neglecting their routine maintenance and regular repair. This capital budget and my plan to meet all identified school major maintenance needs within five years, are important steps toward fulfilling our responsibilities to preserve the value of our capital assets. I look forward to working with the Legislature to develop a long-term, affordable plan to address all deferred maintenance needs and to prevent the problem from recurring in the future with adequate maintenance funding in the operating budget. However, deferred maintenance is just one of our capital needs. Given the magnitude of Alaskas requirement for new schools, prisons, water and sewer systems, economic development projects and transportation links, I hope the Legislature will take action this year to adopt a six- year capital plan as required by statute. We have proposed these plans each of the last two years, although they have not received legislative attention. Nevertheless, I believe a longer view of planning and 1998-01-16 House Journal Page 2066 HB 327 funding our capital needs is essential for budget discipline. I will submit a plan to you shortly for fiscal years 1999-2004. I am pleased to be transmitting my proposed fiscal year 1999 capital appropriation bill at the same time as the operating budget, something that hasnt happened in many years. Although simultaneous transmittal was required by a statute change last session, it was logistically possible this year largely because the capital budget was prepared using our new automated capital budget system, developed by an in- house team from the Office of Management and Budget. It produced the capital bill, summary reports and easier-to-read project detail pages with a considerable savings of manual preparation time. We welcome your comments and suggestions on this new system. Alaska has a healthy economy. Our capital budget can help keep that momentum going with good construction jobs for Alaskans and improved facilities in our communities. Sincerely, /s/ Tony Knowles Governor" HB 328 HOUSE BILL NO. 328 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for continued maintenance and operation of the Motor Vessel Malaspina; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 1998-01-16 House Journal Page 2067 HB 328 The Governor's transmittal letter dated January 16, 1998, appears below: "Dear Speaker Phillips: The public has indicated strong support for keeping the Motor Vessel Malaspina working for Alaska and its visitors. I am, therefore, transmitting this bill to provide financing for the continued operation of the Malaspina. With the anticipated arrival of the Motor Vessel Kennicott this summer, the state has a golden opportunity to alleviate the chronic congestion in North Lynn Canal. By operating the Malaspina as a day boat between Juneau, Haines, and Skagway, we will be able to transport residents and travelers to road routes leading to Alaska's interior. The daily service provided by the Malaspina in North Lynn Canal will result in 14 additional weeks of ferry service for Southeast travelers on a leg that is currently lacking in transportation assets. It also makes practical sense to keep the Malaspina in operation so it will be available as a backup vessel during service disruptions. This will be especially important as we incorporate the Kennicott into the system. According to the April 1995 McDowell Group report titled "Economic Benefits of the Alaska Marine Highway System," visitors arriving via the marine highway annually spend $11.4 million in Southcentral Alaska, $7.4 million in Interior and Northern Alaska, and $13.3 million in Southeast Alaska. Maintaining the Malaspina in addition to the Kennicott provides a potential for increasing these economic benefits statewide. The Alaska Municipal League recently urged the state to "fully support the Alaska Marine Highway System through administrative policies and a funding level that allows the operation of a nine vessel fleet beginning in June 1998." This bill allows us to meet that challenge. The Malaspina can continue to provide excellent service to Alaska's residents, businesses, and visitors. If this appropriation is in place by February 15, the state will be able to confirm reservations on the Malaspina for summer travel. I urge your favorable and swift 1998-01-16 House Journal Page 2068 HB 328 consideration of this bill so we can help Alaskans and visitors plan their journeys. Sincerely, /s/ Tony Knowles Governor" HB 329 HOUSE BILL NO. 329 by the House Rules Committee by request of the Governor, entitled: "An Act amending the definition of correctional facility to include a therapeutic treatment center; providing for the conveyance of the Harborview Developmental Center and appurtenant land to the City of Valdez for the purpose of conversion and lease of a part of the center for a therapeutic treatment center for the Department of Corrections; providing that such a land conveyance counts toward the general grant land entitlement of the City of Valdez; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Corrections, 1/16/98 Zero fiscal note, Dept. of Administration, 1/16/98 Zero fiscal note, Dept. of Health & Social Services, 1/16/98 Zero fiscal note, Dept. of Natural Resources, 1/16/98 The Governor's transmittal letter dated January 16, 1998, appears below: "Dear Speaker Phillips: Nearly 80 percent of all crimes committed in Alaska involve substance abuse. Ensuring safe, healthy communities for Alaskans means having treatment programs designed to reduce the number of people who are 1998-01-16 House Journal Page 2069 HB 329 victimized by persons under the influence of alcohol or drugs. In line with that effort, this bill authorizes the transfer of the Harborview Developmental Center to the City of Valdez for conversion, in part, to a therapeutic treatment center. The Department of Corrections would then lease the facility from the City of Valdez, which has agreed to invest considerable resources into the necessary conversion. The Department of Corrections currently has three types of inmate substance abuse programs: substance abuse education, education plus an introduction to treatment, and institutional outpatient treatment. The department needs to complete its continuum of care by establishing an intensive in-prison program that treats the most severe substance abusers. The Department of Corrections proposes to use a part of the soon-to- be-vacated facility for an intensive substance abuse treatment program, commonly referred to as a "therapeutic community". In 1997, the United States Department of Justice reported studies show consistent reductions in recidivism rates for offenders who complete such programs while in prison. That would also result in fewer crime victims. There are currently between 90 and 110 incarcerated inmates who need and qualify for therapeutic community treatment. This bill would provide financing for 60 new corrections beds in Valdez and, thus would help ease the pressure on a severely overcrowded correctional system. This legislation also keeps with art. I, sec. 12, of the Alaska Constitution, which mandates criminal administration be based on the principle of reformation. Anticipated costs for fiscal year 1999 would be approximately $2.5 million, of which $569,000 is planned for treatment. Annual costs thereafter are estimated at $2.7 million. This bill is one more step the state can take to reduce the number of victims of crimes resulting from an offender's substance abuse, provide 1998-01-16 House Journal Page 2070 HB 329 intensive treatment to reduce repeat criminal behavior, and provide new beds for a severely overcrowded correctional system. I urge your quick and favorable action so the Department of Corrections can begin occupancy by September, 1998. Sincerely, /s/ Tony Knowles Governor" HB 330 HOUSE BILL NO. 330 by the House Rules Committee by request of the Governor, entitled: "An Act repealing the termination date of the state training and employment program; 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 notes apply: Zero fiscal notes (2), Dept. of Community & Regional Affairs, 1/16/98 Zero fiscal note, Office of the Governor, 1/16/98 Zero fiscal note, Dept. of Labor, 1/16/98 The Governor's transmittal letter dated January 12, 1998, appears below: "Dear Speaker Phillips: The state training and employment program (STEP) has demonstrated its value as one means to help Alaskans achieve worthwhile employment. I transmit this bill to continue this vital program, now due to sunset on June 30, and maintain it in permanent law to ensure it will be available to Alaskans in the future. 1998-01-16 House Journal Page 2071 HB 330 The STEP was enacted in 1989 as a temporary, two-year pilot program. Its success led to the Legislature extending its existence three more times in subsequent years. With its last extension, in 1996, the STEP became a permanent program, but remains subject to a sunset provision. Since its last extension, the STEP has made great strides in addressing legislative concerns with the program. This program is financed with a 0.1 percent contribution from employees' share of unemployment insurance. The STEP job training provided with this small contribution to the unemployment fund results in more working Alaskans and a decreased need to pay out unemployment insurance benefits. The program also assists Alaskans who need to upgrade their job skills in order to maintain their employability. In fiscal year 1997, more than 1,500 individuals were enrolled in the STEP, an increase of 500 enrollees over the previous year. In one year, STEP clients have reduced claims for unemployment insurance resulting in about a $1.5 million saving to the unemployment insurance trust fund. Along with the increased use of the program, the STEP administrators were successful in reducing federal recapture of unemployment insurance trust funds by 60 percent while holding administrative costs below 20 percent. It makes good sense to ensure the future existence of the STEP. The program enjoys widespread support from both labor and industry because it offers a vital component of a healthy economy -- preparing Alaskans for good jobs. Sincerely, /s/ Tony Knowles Governor" 1998-01-16 House Journal Page 2072 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 - Jane Reed By Representatives Porter, Davies, Dyson, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Juneau Douglas High School Crimson Bears, 1997 Women's Swim and Dive Team By Representatives Hudson, Elton, Phillips, Brice, Davies, Dyson, Green, Grussendorf, James, Joule, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan Honoring - Juneau Douglas High School, 1997 Volleyball Team By Representatives Hudson, Elton, Phillips, Brice, Davies, Dyson, Green, Grussendorf, James, Joule, Kohring, Kott, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan Honoring - Joanna Hyland Smith By Senators Green, Halford; Representatives Ogan, Davies, Dyson, James, Joule, Kohring, Kott, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Chester "Chet" R. Mattson By Representatives Hudson, Elton, Phillips, Davies, Dyson, Grussendorf, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan 1998-01-16 House Journal Page 2073 In Memoriam - Charles "Chuck" Rollins, Sr. By Representatives Vezey, Phillips, Brice, Davies, Dyson, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Fred J. Schikora By Representatives Vezey, Phillips, Brice, Bunde, Davies, Dyson, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Wilken In Memoriam - Thomas "Tommie" A. Thompson By Representatives Grussendorf, Phillips, Brice, Davies, Dyson, Elton, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Winton Weyapuk, Sr. By Representatives Joule, Phillips, Brice, Davies, Dyson, Elton, Grussendorf, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams 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 Croft - from 1:40 p.m., plane time, January 16 to 9:39a.m., plane time, January 20, 1998 Representative Porter - from 1:40 p.m., plane time, February 13 to 9:39a.m., plane time, February 16, 1998 Representative Ryan - from 6:00 a.m., plane time, January 21 to 9:30a.m., plane time, January 26, 1998 Representative Foster - from 1:40 p.m., plane time, January 29 to 1:55p.m., plane time, February 1, 1998; and, from 6:00 a.m., plane time, February 12 to 9:36 p.m., plane time, February 15, 1998 1998-01-16 House Journal Page 2074 Representative Bunde - from 10:40 a.m., plane time, March 14 to 9:39p.m., plane time, March 17, 1998; and, from 5:00 p.m., plane time, March 26 to 9:36 p.m., plane time, March 31, 1998 Representative Barnes - from 6:30 p.m., plane time, February 5 to 8:00p.m., plane time, February 8, 1998 Representative Nicholia - from 1:40 p.m., plane time, January 16 to 9:30p.m., plane time, January 18, 1998 Representative Kelly - from 6:45 p.m, plane time, February 12 to 9:26p.m., plane time, February 17, 1998 Representative James - from 6:00 a.m., plane time, February 1 to 5:29p.m., plane time, February 4, 1998 Representative Kookesh - from 7:00 p.m., plane time, January 21 to 9:30a.m., plane time, January 26, 1998 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj., 1/16 Minority Caucus 1:30 p.m., 1/16 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 20, 1998. There being no objection, the House adjourned at 11:13 a.m. Suzi Lowell Chief Clerk