Legislature(1997 - 1998)

1998-01-26 House Journal

Full Journal pdf

1998-01-26                     House Journal                      Page 2129
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                       Monday           January 26, 1998         
                                                                               
                                Fifteenth Day                                
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:12 a.m.                                                         
                                                                               
                                                                               
Roll call showed 34 members present.  Representatives Hodgins,                 
Kubina, Moses and Vezey had been previously excused from a call of             
the House today.                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following members' previous excuse be extended.  There being no                
objection, the members were excused as noted:                                  
                                                                               
Representative Kemplen - to 1:55 p.m. today (amended from page                 
2047)                                                                          
                                                                               
Representative Sanders - to 9:30 a.m., plane time, January 27, 1998            
(amended from page 2047)                                                       
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Ellen Younker             
of Aldersgate United Methodist Church.  Representative Croft moved             
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
                                                                               
"O God, You are our alpha and omega, our ruptured                             
beginning and awesome end, the startling first and the                         
gracious last.                                                                 
                                                                               

1998-01-26                     House Journal                      Page 2130
At the beginning of our work week here, help us to remember                   
those things which need to be primary in our thoughts and                      
actions:                                                                       
                                                                               
Our beloved children, especially those who are homeless,                      
hungry, without parents, in harmful situations, undereducated,                 
unrestrained...                                                                
                                                                               
Our faithful communities and neighbors, especially those who                  
are isolated by distance, addiction, fear and poverty...                       
                                                                               
Our spacious earthly home, especially where it is haunted with                
extinction, pollution, overuse or abuse...                                     
                                                                               
Our own moral character, especially when we are tempted to                    
compromise our ideals, forfeit our integrity, trade our resilient              
good sense for shoddy ease.                                                    
                                                                               
In all things, deliver us, and capture our hearts for the working             
of Your will.  Amen."                                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Dyson.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 12th, 13th and 14th legislative days be approved as            
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 23, 1998 was read stating the Senate has               
passed the following, and they are transmitted for consideration:              
                                                                               

1998-01-26                     House Journal                      Page 2131
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 110                                                                       
CS FOR SENATE BILL NO. 110(L&C) am by the Senate Labor &                       
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to licensure of landscape architects; relating to            
exemptions from laws regulating the practice of architecture,                 
engineering, and land surveying; and relating to fees collected by             
the Board of Registration for Architects, Engineers, and Land                  
Surveyors."                                                                    
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
SB 159                                                                       
CS FOR SENATE BILL NO. 159(L&C) by the Senate Labor &                          
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to the new business incentive program."                      
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Transportation & Public Facilities                                   
Alaska Marine Highway System                                                  
Annual Financial Report                                                       
Fiscal Year Ended June 30, 1997                                               
(as required by AS 19.65.080)                                                 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               

1998-01-26                     House Journal                      Page 2132
Honoring - L. Rowland Baxter on His 94th Birthday                              
By Representative Hanley                                                       
                                                                               
In Memoriam - Vernon Lee "Vern" Eliason                                        
By Representative Grussendorf                                                  
                                                                               
and                                                                            
                                                                               
Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov and               
Vladimir Ananich                                                               
By Representative Berkowitz                                                    
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 51                                                                       
HOUSE JOINT RESOLUTION NO. 51 by Representatives Masek,                        
Foster and Ivan:                                                               
                                                                               
Relating to support for H.R. 2924, which allows certain Alaska                
Native Vietnam veterans and the Elim Native Corporation to select              
land under the Alaska Native Claims Settlement Act.                            
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs.                                               
                                                                               
                                                                               
HJR 52                                                                       
HOUSE JOINT RESOLUTION NO. 52 by Representatives James,                        
Barnes, Therriault and Austerman:                                              
                                                                               
Relating to opposition to the designation of any rivers in Alaska             
as American Heritage Rivers under the American Heritage Rivers                 
initiative.                                                                    
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1998-01-26                     House Journal                      Page 2133
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                 OF HOUSE BILLS                                
                                                                               
HB 350                                                                        
HOUSE BILL NO. 350 by Representatives Croft, Phillips, Bunde,                  
Green, James, Berkowitz and Davies, entitled:                                  
"An Act requiring that the cost of contraceptives and related healtlth        
care services be included in health insurance coverage."                       
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      
HB 351                                                                       
HOUSE BILL NO. 351 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to academic performance and accreditation of                 
public schools; relating to state aid to school districts and regional         
educational attendance areas; 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 (2), Dept. of Education, 1/26/98                                  
                                                                               
The Governor's transmittal letter dated January 23, 1998, appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
We have the responsibility to ensure every child in the state receives         
the educational opportunities to succeed.  When our children can read,         
write and compute they not only are better able to enter the work              
force, but they can become full participants in tomorrow's society.  On        
the other hand, children not meeting success in our schools are far            
more likely to fail in other ways, contributing to future costs to the         
public.                                                                        
                                                                               

1998-01-26                     House Journal                      Page 2134
HB 351                                                                       
Meeting this responsibility requires providing schools appropriate             
funding and support while holding them accountable for student                 
performance.  I am pleased to send you my Quality Schools initiative           
today    a  comprehensive  bill  proposing  a  new system of school            
accountability, and a revamping of the foundation formula to make our          
funding system more equitable.  This bill replaces the school funding          
bills (SB 85 and HB 126) and the education competency testing bills            
(SB 200 and HB 275) I proposed last year.                                      
                                                                               
The "Quality Schools," or "accountability" portion of this legislation         
launches a three-part plan to improve Alaska's schools: mandatory              
standards in the basics of reading, writing and math; mandatory                
assessment and testing to ensure students are making the grade; and            
mandatory consequences for schools that are failing.                           
                                                                               
The State Board of Education will develop student performance                  
standards in reading, writing and mathematics for all public schools.          
Students will then be assessed and tested throughout their school years        
to ensure they are meeting the performance standards.  Last year, the          
Legislature required a high school "exit exam."  This bill I am                
presenting today provides the structure to ensure that students are            
ready for the exam and have the skills to receive a high school                
diploma.                                                                       
                                                                               
In order to determine whether schools are providing an adequate                
education for all students, this legislation will establish a state            
accreditation system based on a school's performance.  Beginning in            
2002, the Department of Education will designate each public school            
in the state as distinguished, successful, deficient, or in crisis based on    
measures of student performance.  Successful and distinguished schools         
will automatically receive state accreditation.                                
                                                                               
Schools designated deficient or in crisis will work with parents, their        
communities and the Department of Education, if desired, to design an          
improvement plan to earn state accreditation.  If after two years a            
school does not earn a successful designation, intervention by the state,      
in consultation with the community and parents, is authorized.  While          
direct intervention by the state is not expected nor desired, it would be      
irresponsible to not take action to overcome failing schools.                  
                                                                               

1998-01-26                     House Journal                      Page 2135
HB 351                                                                       
Adequate funding is necessary if schools are to meet the expectations          
laid out in this plan.  In revising the foundation formula, this bill          
makes a long  overdue  increase in the instructional  unit  value,  from       
$61,000 to $62,550 and establishes automatic adjustments in the future         
to help schools keep up with increased costs.  The unit value increase         
will result in $20 million more for formula funding in fiscal year 1999.       
An additional $4.1 million in foundation formula support will ensure           
equitable funding in special and gifted education and correspondence           
programs and provide hold harmless dollars so that no district                 
experiences decreased funding under the new formula.                           
                                                                               
                                                                               
Other changes to the foundation formula are based on implementing              
the Quality Schools initiative and making the funding system as                
equitable as possible, and include:                                            
                                                                               
                                                                               
Closing loopholes in special education and gifted funding.                    
                                                                               
Holding districts harmless from loss of state aid under the new               
program on a sliding scale for the first three years.                          
                                                                               
Incorporating single site tables into the foundation program.                 
                                                                               
Equalizing district correspondence funding.                                   
                                                                               
                                                                               
With the introduction of these new dollars to the formula, I have asked        
business leaders to meet with school administrators to discuss best            
business practices.  The public deserves to know we are spending our           
education dollars wisely, and I am committed to assist districts to that       
end.                                                                           
                                                                               
I want to thank the State Board of Education and all the groups in the         
education community for their work on crafting this bill.  We have             
agreed it is time to raise the bar for schools in Alaska, provide schools      
the funds to ensure each student can jump that bar, and hold schools           
accountable if students do not.  We know all children can learn, and           
all schools can be successful.  But, we also know all Alaskan children         
are  not  learning,  and  not  all  our  schools  are  successful.   This      

1998-01-26                     House Journal                      Page 2136
HB 351                                                                       
legislation sets forth a system for high expectations and high results.        
I urge your prompt consideration and passage of this proposal.                 
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 352                                                                        
HOUSE BILL NO. 352 by the House Rules Committee by request of                 
the Governor, entitled:                                                        
                                                                               
"An Act relating to the state's participation in the financing of             
construction and major maintenance of public school facilities;                
giving notice of and approving the entry into, and the issuance of             
certificates of participation in, lease-financing agreements for               
public school facilities; and providing an effective date."                    
                                                                               
was read the first time and referred to the State Affairs, Health,             
Education & Social Services and Finance Committees.                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Revenue, 1/26/98                                         
Indeterminate fiscal note, Dept. of Education, 1/26/98                         
Zero fiscal note, Dept. of Administration, 1/26/98                             
                                                                               
The Governor's transmittal letter dated January 23, 1998, appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Part of my Quality Schools Initiative is the provision of adequate, safe       
and well-maintained schools in which our children can learn.                   
Unfortunately, with declining general fund capital budgets, the backlog        
of needed school construction and major maintenance projects across            
our state has continued to grow.  Today I am introducing legislation           
that provides a plan and a funding mechanism for addressing the entire         
current statewide prioritized list of $744 million of capital projects         
over the next 10 years.                                                        

1998-01-26                     House Journal                      Page 2137
HB 352                                                                       
The Public School Facilities Financing Program authorizes the issuance         
of certificates of participation, a specialized type of revenue bond           
which has recently been issued by the state at very favorable interest         
rates.  These bonds will be repaid by revenues from cigarette taxes            
deposited into the designated School Fund.  In this way, up to $100            
million can be leveraged annually over the next six years.  After that,        
general funds will be utilized that are currently budgeted for the local       
school debt reimbursement program as local school bonds are retired.           
                                                                               
                                                                               
The program will balance the needs of rural and urban school districts,        
with an emphasis in the early years on critical major maintenance              
projects.  Annual funding is designed to meet critical projects quickly        
yet maintain a level that maximizes the use of in-state workers and            
companies.  This program will provide a predictable source of funds            
and certainty in project scheduling for local districts.                       
                                                                               
                                                                               
As in the current grant program, a local matching share would be               
required from 35% to 2% of total project costs depending on the tax            
base of the district.  However, unlike the current school debt                 
reimbursement program, school districts would be required only to              
come up with their match share and would not have to bond for the              
entire project amount.                                                         
                                                                               
                                                                               
Education is a top priority for most Alaskans and this Administration.         
To address the many challenges facing our schools and to advance               
quality in the education of our children, I have introduced legislation        
that 1) mandates standards, comprehensive testing, and remedial                
actions for deficient schools; 2) provides more resources for our              
strapped schools; 3) revises our foundation formula to more efficiently        
and equitably distribute state funds; and 4) provides adequate space           
and safety for students.  I urge your prompt and favorable action.             
                                                                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               

1998-01-26                     House Journal                      Page 2138
HB 353                                                                       
HOUSE BILL NO. 353 by Representatives Kelly and Dyson, entitled:               
                                                                               
"An Act relating to adoption by reference in regulations; and                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
HB 354                                                                       
HOUSE BILL NO. 354 by Representative Croft, entitled:                          
                                                                               
"An Act relating to reimbursement to a municipality for certain               
property tax revenues lost to it as a result of a tax exemption for            
certain residences; and providing for an effective date."                      
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
HB 355                                                                       
HOUSE BILL NO. 355 by Representative Croft, entitled:                          
                                                                               
"An Act relating to municipal fees for certain police and fire                
protection services."                                                          
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
HB 356                                                                       
HOUSE BILL NO. 356 by Representatives Mulder, Dyson, Foster,                   
Croft and Ivan, entitled:                                                      
                                                                               
"An Act establishing the Joint Committee on Military Bases in                 
Alaska; and providing for an effective date."                                  
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs.                                               
                                                                               

1998-01-26                     House Journal                      Page 2139
HB 357                                                                       
HOUSE BILL NO. 357 by Representatives Phillips, Porter, James,                 
Kott, Brice, Rokeberg, Berkowitz, Croft, Kemplen, Dyson, Davies and            
Mulder, entitled:                                                              
                                                                               
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               
                                                                               
was read the first time and referred to the Finance 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 - Resource Center for Parents and Children, 25th                      
Anniversary                                                                    
By Representatives Brice, Berkowitz, Croft, Davies, Davis, Dyson,              
Elton, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek,                
Mulder, Nicholia, Porter, Rokeberg, Ryan, Vezey, Williams                      
                                                                               
Honoring - Sandra J. Anderson, Dedicated Educator                              
By Senators Phillips, Halford; Representatives Dyson, Kott, Phillips,          
Berkowitz, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson,            
James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder,                   
Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams                        
                                                                               
Honoring - Gordon Giles, Seldovia Chamber of Commerce, 1998                    
Citizen of the Year                                                            
By Senator Torgerson; Representatives Phillips, Berkowitz, Brice,              
Croft, Davies, Davis, Elton, Green, James, Kelly, Kemplen, Kott,               
Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Vezey, Williams                                                                
                                                                               

1998-01-26                     House Journal                      Page 2140
In Memoriam - Pastor Leeroy Parham                                             
By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Davis,           
Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina,               
Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey,                  
Williams                                                                       
                                                                               
In Memoriam - Carl "Bumpy" Larson                                              
By Senators Hoffman, Adams, Lincoln; Representatives Ivan, Moses,              
Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster,               
Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia,             
Ogan, Porter, Rokeberg, Ryan, Vezey, Williams                                  
                                                                               
In Memoriam - Vivian Irene Teeland                                             
by Senators Halford, Green, Phillips; Representatives Kohring, Ogan,           
Masek, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton,         
Foster, Grussendorf, James, Kelly, Kemplen, Kott, Mulder, Nicholia,            
Porter, Rokeberg, Ryan, Vezey, Williams                                        
                                                                               
In Memoriam - Glenn Robert Rydeen                                              
By Senator Ward; Representatives Phillips, Barnes, Berkowitz, Brice,           
Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, James,              
Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter,                   
Rokeberg, Ryan, Vezey, Williams                                                
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
citation Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov          
and Vladimir Ananich be taken up as a Special Order of Business at             
this time.  There being no objection, it was so ordered.                       
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
Honoring - Russian Climbers Artur Testov, Alexandr Nikiforov and               
Vladimir Ananich                                                               
By Representatives Berkowitz, Phillips, Brice, Bunde, Croft, Davies,           
Dyson, Elton, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Mulder,          
Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams                         

1998-01-26                     House Journal                      Page 2141
                             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 Masek - from 1:40 p.m., plane time, January 30 to               
9:30a.m., plane time, February 2, 1998                                         
                                                                               
Representative Davis - from noon, plane time, January 30 to                    
11:00a.m., plane time, February 2, 1998                                        
                                                                               
HJR 49                                                                       
Representative Hudson added his name as cosponsor to:                          
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                 
NO. 49                                                                         
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
HB 333                                                                       
Representative Cowdery added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 333                                                            
"An Act relating to the crime of endangering the welfare of a                 
minor."                                                                        
                                                                               
HB 346                                                                       
Representative Hudson added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 346                                                            
"An Act extending the termination date of the Citizens' Advisory              
Commission on Federal Areas in Alaska; and providing for an                    
effective date."                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               

1998-01-26                     House Journal                      Page 2142
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., January 28, 1998.  There being no              
objection, the House adjourned at 11:39 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk