Legislature(1997 - 1998)
1998-01-23 House Journal
Full Journal pdf1998-01-23 House Journal Page 2107 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 23, 1998 Twelfth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:09 a.m. Roll call showed 27 members present. Representatives Dyson, Ivan, Joule, Kookesh, Ryan, Sanders and Therriault had been previously excused from a call of the House today. Representatives Barnes and Nicholia were excused due to illness. Representative Brice was absent and his presence was noted later. 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 Williams - from 10:20 a.m., plane time, January 23 to 9:30 p.m., plane time, January 25, 1998 Representative Croft - from today to 9:39 a.m., plane time, January 26, 1998 Representative Moses - from today to 9:24p.m., plane time, January 26, 1998 The invocation was offered by the Chaplain, Reverend Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Elton moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: 1998-01-23 House Journal Page 2108 "We give thanks for our state that blesses us with so much beauty and so many resources. We give thanks for the diverse resource of people that call Alaska home. We give thanks for this gathering of leaders. In their leading may they reflect what best serves the needs of our state and people. As we walk our pathways of life may our diversities bring collective wisdom to our decision making. May we use the diverse resources of land, sea and people wisely in our efforts to bring about needed changes. Along with these diverse resources are the resources within each of us. Help us to use the realities within our personal lives in ways that are positive and life giving. May our experiences add depth and wisdom to our thinking and our acting. May our scars, both visibly seen, and hidden within our being, not make us bitter, but help us approach our leadership roles with greater care, compassion, and concern. As yet the pathways of this session are not clear. In the journey that lies ahead may the gifts of our diverse people, our state, and its elected leaders be used in such a way that we can celebrate a unity of purpose that considers each Alaskan a person of great worth to God and to our state. In Your Holy Name we pray, Amen. " The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 10th and 11th legislative days and House and Senate Joint Journal Supplement No. 12 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS Letters of disclosure as required by AS 24.60 were published today in House Journal Supplement No. 10. 1998-01-23 House Journal Page 2109 The Annual Report of the Local Boundary Commission was received with an Order amending the report to defer the commission's recommendation for annexation to the City of Haines. Since this was the only recommendation of the commission, publication is not required. A complete copy of the Annual Report may be obtained from the Dept. of Community & Regional Affairs, Anchorage. The Speaker referred the report to the Community & Regional Affairs Committee. A letter dated January 22, 1998, from Senator Phillips, Chair of the Legislative Budget & Audit Committee, was read stating that the committee has nominated Dane Larsen as Legislative Auditor. Pursuant to AS 24.20.251, the nomination is transmitted for consideration. Confirmation of Dane Larsen as Legislative Auditor is under Unfinished Business. The following reports were received: Dept. of Community & Regional Affairs National Petroleum Reserve - Alaska Impact Mitigation Program, January 1998 Dept. of Law, Dept. of Public Safety Report on Law Enforcement Activities Related to Charitable Gaming (as required by AS 05.15.090) Alaska Court System 1997 Annual Report REPORTS OF STANDING COMMITTEES HJR 36 The Judiciary Committee has considered: 1998-01-23 House Journal Page 2110 HJR 36 HOUSE JOINT RESOLUTION NO. 36 Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature, and repealing as obsolete language in the article setting out the apportionment schedule used to elect the members of the first state legislature. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 36(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Green Do not pass (1): Berkowitz No recommendation (4): Bunde, James, Porter, Croft The following fiscal note applies to CSHJR 36(JUD): Fiscal note, Office of the Governor, 1/23/98 HJR 36 was referred to the Finance Committee. HB 73 The Finance Committee has considered: 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." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Hanley, Davies, Grussendorf, Davis, Kelly, Foster 1998-01-23 House Journal Page 2111 HB 73 No recommendation (3): Therriault, Mulder, Martin Amend (1): Kohring The following fiscal notes apply: Fiscal note, Dept. of Revenue, 1/23/98 Fiscal note, Dept. of Commerce & Economic Development, 1/23/98 HB 73 was referred to the Rules Committee for placement on the calendar. HB 234 The Finance Committee has considered: HOUSE BILL NO. 234 "An Act relating to assistance for abortions under the general relief program; and relating to financial responsibility for the costs of abortions." and recommends it be replaced with: CS FOR HOUSE BILL NO. 234(FIN) "An Act relating to assistance for abortions under the general relief program." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (5): Therriault, Martin, Kelly, Kohring, Hanley Do not pass (2): Davies, Grussendorf No recommendation (1): Davis The following fiscal note applies to CSHB 234(FIN): Fiscal note, House Finance Committee for Dept. of Health & Social Services, 1/23/98 1998-01-23 House Journal Page 2112 HB 234 HB 234 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Brice was noted. SJR 3 The Judiciary Committee has considered: 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Bunde, James, Green, Porter, Rokeberg Do not pass (2): Berkowitz, Croft The following fiscal note applies to HCS CSSJR 3(JUD): Fiscal note, Office of the Governor, 1/23/98 CSSJR 3(JUD) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Resource Center for Parents and Children, 25th Anniversary By Representative Brice 1998-01-23 House Journal Page 2113 Honoring - Sandra J. Anderson, Dedicated Educator By Senators Phillips, Halford; Representatives Dyson, Kott Honoring - Gordon Giles, Seldovia Chamber of Commerce, 1998 Citizen of the Year By Senator Torgerson In Memoriam - Pastor Leeroy Parham By Representative Brice In Memoriam - Carl "Bumpy" Larson By Senators Hoffman, Adams, Lincoln; Representatives Ivan, Moses In Memoriam - Vivian Irene Teeland by Senators Halford, Green, Phillips; Representatives Kohring, Ogan, Masek In Memoriam - Glenn Robert Rydeen By Senator Ward INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 by Representatives Porter and Brice: Urging support of the 1998 International People First Conference. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 49 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49 by Representatives Williams, Austerman and Hodgins: Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests. was read the first time and referred to the Resources Committee. 1998-01-23 House Journal Page 2114 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 341 HOUSE BILL NO. 341 by Representative James, entitled: "An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 342 HOUSE BILL NO. 342 by Representative Vezey, entitled: "An Act relating to optional exemptions for municipal property taxes for certain residences." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 343 HOUSE BILL NO. 343 by Representative Davis, entitled: "An Act excluding certain motor vehicles from the definition of commercial motor vehicle." was read the first time and referred to the Transportation Committee. HB 344 HOUSE BILL NO. 344 by the House Rules Committee by request of the Governor, entitled: "An Act relating to paternity establishment and child support; relating to the crimes of criminal nonsupport and aiding the nonpayment of child support; and amending Rule 37(b)(2)(D), Alaska Rules of Civil Procedure; and providing for an effective date." 1998-01-23 House Journal Page 2115 HB 344 was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 1/23/98 Zero fiscal notes (2), Dept. of Administration, 1/23/98 Zero fiscal note, Dept. of Revenue, 1/23/98 The Governor's transmittal letter dated January 21, 1998, appears below: "Dear Speaker Phillips: While federal welfare reform law gave our state greater flexibility for providing public assistance, it also required Alaska and other states to make extensive changes to their state child support laws. The attached bill is needed to satisfy mandates placed on Alaska by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Failure to comply with the federal child support mandates may result in a significant reduction in federal financial participation to the state for public assistance, unemployment, and child support enforcement programs. The state's enactment of Senate Bill 154 last year met most, but not all, of the federal child support mandates of federal welfare reform. More needs to be done to finish the job. This bill will do that by making additional changes to Alaska's statutes. Under this bill, all employers in the state would be required to report each new hire to the state child support enforcement agency within 20 days. The state will share this information with the federal child support agency and the child support agencies of other states. Timely access to this information may help avoid significant delays in support payments for some children. The bill would also fine-tune state procedures for establishing paternity and for enforcing child support orders. The bill would also make state 1998-01-23 House Journal Page 2116 HB 344 law conform to new federal requirements regarding reporting of social security numbers for certain licensees not already required to report under state law. The social security numbers provide an invaluable means of ensuring that support payments are timely received and accurately recorded. The bill also amends the Uniform Interstate Family Support Act (UIFSA), which Alaska enacted in 1995, to reflect subsequent changes to the uniform Act adopted by the National Conference of Commissioners on Uniform State Laws. Congress requires that our state child support laws be consistent with the uniform Act. Finally, this bill will give state courts the power to suspend or revoke, in appropriate circumstances, the recreational hunting and fishing licenses and certain permits of obligors who are out of compliance with child support laws. I urge your prompt attention to this important matter. Alaska's children are our most precious resource and they deserve timely access to child support necessary for their care. Sincerely, /s/ Tony Knowles Governor" HB 345 HOUSE BILL NO. 345 by the House Rules Committee by request of the Governor, entitled: "An Act relating to electronic records and signatures, revising certain requirements that signatures be notarized or verified, and providing for electronic records in the state archives; relating to the permanency of records in the state archives; and providing for an effective date." was read the first time and referred to the House Special Committee on Telecommunications and the Labor & Commerce Committee. 1998-01-23 House Journal Page 2117 HB 345 The following fiscal note applies: Zero fiscal note, Office of the Governor/All depts., 1/23/98 The Governor's transmittal letter dated January 22, 1998, appears below: "Dear Speaker Phillips: Alaska can take a positive step into the age of technology by allowing industry and government to conduct business electronically. This bill I transmit today will legalize electronic signatures in our state, providing an opportunity for state agencies to better serve the public "online" and for businesses to act with increased efficiency. This bill has been developed under the direction of the state Telecommunications Information Council. It is modeled on the Georgia State Act, which is considered one of the foremost electronic signature laws in the United States. The bill would legalize electronic signatures between consenting parties and authorize state agencies to use electronic signatures in interactions with the public. Some notarization requirements that could hinder an agency's ability to use electronic signatures would be repealed. This legislation updates our laws to better mesh the new technological realities of how business and government can be conducted more efficiently. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor" HB 346 HOUSE BILL NO. 346 by Representative Brice, entitled: 1998-01-23 House Journal Page 2118 HB 346 "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Finance Committee. HB 347 HOUSE BILL NO. 347 by Representative Cowdery, entitled: "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics." was read the first time and referred to the Labor & Commerce Committee. HB 348 HOUSE BILL NO. 348 by the House Rules Committee by request of the Governor, entitled: "An Act relating to medical assistance for certain disabled persons; relating to personal care services for recipients of medical assistance; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal notes (4), Dept. of Health & Social Services, 1/23/98 The Governor's transmittal letter dated January 22, 1998, appears below: "Dear Speaker Phillips: It is imperative the State of Alaska offers strong incentives for people to choose employment over welfare. The bill I am transmitting today is another effort in my continued campaign to affect positive change 1998-01-23 House Journal Page 2119 HB 348 in our public assistance system. It will prevent disabled Alaskans from having to choose between a job and health care by allowing them to buy into Medicaid coverage they may otherwise lose because of income ineligibility. The federal Balanced Budget Act of 1997 included a new state option permitting disabled persons to buy into Medicaid coverage if their family income is less than 250 percent of the official poverty line and they would, but for personal earned income, be eligible for supplemental security income. The provision also authorizes the state to require these Medicaid recipients to share the cost of coverage through premiums or other charges, on a sliding scale based on income. The premiums collected from the disabled are not expected to cover all costs associated with the additional Medicaid coverage. However, the benefits of encouraging employment, increasing productivity, and maintaining care for the disabled should outweigh cost increases to the Medicaid program. The bill also amends the definition of one of the optional medical services available to recipients of state medical assistance. The amendment, to the definition of "personal care services in a recipient's home," would allow the Department of Health and Social Services more flexibility in implementing the program and would result in a more appropriate delivery of services in this state. Before the recent change in federal law regarding Medicaid, a disabled person with a family income above the eligibility line had few, if any options for coverage of medical care. This situation provided a strong disincentive to continued employment because medical costs for the disabled often exceeded the income that disqualified them from Medicaid coverage. This bill is an opportunity to encourage disabled Alaskans to return to work without the threat of losing vital medical coverage. Sincerely, /s/ Tony Knowles Governor" 1998-01-23 House Journal Page 2120 HB 349 HOUSE BILL NO. 349 by Representatives James and Kelly, entitled: "An Act prohibiting the use of the title 'social worker' without a license; relating to social workers, licensure of social workers, and the Board of Clinical Social Work Examiners; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. 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 - C-Shift, Fairbanks Fire Department, Fire Fighters of the Year By Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams In Memoriam - David P. Hutchens By Representatives Brice, Phillips, Austerman, Barnes, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams In Memoriam - Andrew Chalmers Kirk By Senators Phillips, Halford; Representatives Dyson, Kohring, Kott, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Joule, Kelly, Kemplen, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Vezey, Williams 1998-01-23 House Journal Page 2121 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 6:45 p.m., plane time, February 12 to 9:26p.m., plane time, February 15, 1998 Representative Rokeberg - from 6:25 a.m., plane time, February 12 to 9:39a.m., plane time, February 16, 1998 Representative Vezey - from 6:30 p.m., plane time, January 23 to 9:55p.m., plane time, January 28, 1998 Representative Phillips - from 10:25 a.m., plane time, February 27 to 5:59 p.m., plane time, February 27, 1998 Representative Brice - from 6:39 p.m., plane time, February 5 to 9:39a.m, plane time, February 10, 1998 Representative Mulder - from 8:00 a.m., plane time, February 11 to 8:00a.m., plane time, February 15, 1998 HJR 44 Representative Green added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 44 Proposing amendments to the Constitution of the State of Alaska relating to redistricting of the legislature. HJR 45 Representative Green added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 45 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. 1998-01-23 House Journal Page 2122 HB 301 Representative Vezey added his name as cosponsor to: HOUSE BILL NO. 301 "An Act relating to wages on public construction projects in areas covered by a declaration of economic disaster." HB 334 Representative Kemplen added his name as cosponsor to: HOUSE BILL NO. 334 "An Act relating to wavier of tuition and fees for certain family members of a police officer killed in the line of duty; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj., 1/23 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 26, 1998. There being no objection, the House adjourned at 10:42 a.m. Suzi Lowell Chief Clerk