Legislature(1997 - 1998)
1998-02-12 House Journal
Full Journal pdf1998-02-12 House Journal Page 2297 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 12, 1998 Thirty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 35 members present. Representatives Foster, Green and Nicholia had been previously excused from a call of the House today. Representative Moses was absent. 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 Joule - from 10:30 a.m., plane time, today to 9:39a.m., plane time, February 16, 1998 (amended from page 2248) The invocation was performed by the Chaplain, Pastor Brian Ewing of the Calvary Fellowship. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: " Give Me Jesus In the morning when I rise In the morning when I rise In the morning when I rise Give me Jesus Give me Jesus, give me Jesus You can have the whole world But give me Jesus 1998-02-12 House Journal Page 2298 And when I am alone And when I am alone And when I am alone Give me Jesus Give me Jesus, give me Jesus You can have the whole world But give me Jesus And when I come to die And when I come to die And when I come to die Give me Jesus Give me Jesus, give me Jesus You can have the whole world But give me Jesus Father, give us Jesus. Lord, give us the Bread of Life. Amen." Song Copyright 1979 Lillenas Publishing ccli - 1235665 The Pledge of Allegiance was led by Representative Cowdery. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 31st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 11, 1998, was read stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 10:00a.m., February19, 1998, to hear an address by the Honorable Ted Stevens, United States Senator. 1998-02-12 House Journal Page 2299 HCR 19 A message dated February 11, 1998, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind. with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council. HCR 19 is under Unfinished Business. COMMUNICATIONS The following report was received: Dept. of Commerce & Economic Development Division of Occupational Licensing Boards, Commissions, and Licensing Programs Annual Performance Reports Fiscal Year 1997 REPORTS OF STANDING COMMITTEES HJR 50 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 50 Proposing amendments to the Constitution of the State of Alaska relating to a public corporation established to manage the permanent fund. The report was signed by Representative Ivan, Vice Chair, with the following individual recommendations: 1998-02-12 House Journal Page 2300 HJR 50 Do pass (1): Dyson No recommendation (3): Vezey, Hodgins, Ivan The following fiscal note applies: Fiscal note, Office of the Governor, 2/12/98 HJR 50 was referred to the Judiciary Committee. HB 12 The Judiciary Committee has considered: HOUSE BILL NO. 12 "An Act relating to civil liability for injuries or death resulting from equine activities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 12(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Porter, Rokeberg, Green Do not pass (1): Berkowitz No recommendation (1): Croft The following fiscal note applies to CSHB 12(JUD): Zero fiscal note, Dept. of Law, 2/12/98 HB 12 was referred to the Finance Committee. 1998-02-12 House Journal Page 2301 HB 81 The State Affairs Committee has considered: HOUSE BILL NO. 81 "An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation." The report was signed by Representative Ivan, Vice Chair, with the following individual recommendations: Do pass (1): Dyson No recommendation (3): Vezey, Hodgins, Ivan The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/12/98 HB 81 was referred to the Finance Committee. HB 267 The Judiciary Committee has considered: HOUSE BILL NO. 267 "An Act relating to domestic violence and sexual assault; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 267(JUD) "An Act relating to the duties of the Council on Domestic Violence and Sexual Assault; allowing domestic violence and sexual assault counselors to reveal to law enforcement officials whether a person is missing or not missing; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Porter, Green, Bunde 1998-02-12 House Journal Page 2302 HB 267 No recommendation (2): Croft, Berkowitz The following fiscal note applies to CSHB 267(JUD): Zero fiscal note, Dept. of Public Safety, 2/12/98 HB 267 was referred to the Rules Committee for placement on the calendar. SCR 2 The Resources Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 2(RES) Relating to management of Alaska's wildlife resources. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (4): Dyson, Hudson, Green, Ogan No recommendation (2): Masek, Williams The following fiscal note applies: Zero fiscal note, House Resources Committee, 2/12/98 CSSCR 2(RES) was referred to the Rules Committee for placement on the calendar. SB 110 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 110(L&C) am "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." 1998-02-12 House Journal Page 2303 SB 110 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 110(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Hudson, Rokeberg No recommendation (4): Cowdery, Sanders, Brice, Ryan The following fiscal note applies to HCS CSSB 110(L&C): Senate fiscal note, Dept. of Commerce & Economic Development, 1/21/98 CSSB 110(L&C) am was referred to the Finance Committee. SB 157 The Transportation Committee has considered: CS FOR SENATE BILL NO. 157(FIN) "An Act establishing a children's trust motor vehicle registration plate." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Elton, Kookesh, Cowdery, Williams No recommendation (2): Sanders, Masek The following fiscal note applies: Senate fiscal note, Dept. of Administration, 1/23/98 CSSB 157(FIN) was referred to the Finance Committee. 1998-02-12 House Journal Page 2304 SB 159 The Finance Committee has considered: CS FOR SENATE BILL NO. 159(L&C) "An Act relating to the new business incentive program." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Therriault, Hanley, Moses, Kelly No recommendation (2): Davies, Grussendorf The following fiscal notes apply to HCS CSSB 159(FIN): Zero fiscal note, Dept. of Commerce & Economic Development, 2/12/98 Senate zero fiscal note, Dept. of Commerce & Economic Development, 1/23/98 CSSB 159(L&C) was referred to the Rules Committee for placement on the calendar. SB 214 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 214(STA) "An Act relating to the possession of a concealed deadly weapon by peace officers and by chief administrative officers of municipal police departments; relating to the definition of police officer; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: 1998-02-12 House Journal Page 2305 SB 214 Do pass (5): James, Dyson, Vezey, Ivan, Hodgins The following fiscal notes apply: Senate zero fiscal note, Dept. of Administration, 1/23/98 Senate zero fiscal note, Dept. of Public Safety, 1/21/98 CSSB 214(STA) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 345 The House Special Committee on Telecommunications has considered: HOUSE BILL NO. 345 "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." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Dyson, Ivan, Porter, Berkowitz The following fiscal note applies: Zero fiscal note, Office of the Governor/All Depts., 1/23/98 HB 345 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1998-02-12 House Journal Page 2306 Honoring - Jesse Owens By Representative Berkowitz Honoring - The Mountain View Citizen Advisory Committee By Senator Ellis; Representative Kemplen Honoring - John Paul By Senator Adams Honoring - Reverend Mary Ann Warden By Senator Duncan; Representatives Elton, Hudson Celebrating - 1998 National Engineers' Week By Senator Leman In Memoriam - John Leonard By Representative Foster In Memoriam - Lillian Minix By Representative Foster INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 57 HOUSE JOINT RESOLUTION NO. 57 by Representative Green: Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. was read the first time and referred to the Judiciary Committee. HJR 58 HOUSE JOINT RESOLUTION NO. 58 by Representative Cowdery: Proposing amendments to the Constitution of the State of Alaska relating to the education fund. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 1998-02-12 House Journal Page 2307 HJR 59 HOUSE JOINT RESOLUTION NO. 59 by Representatives Kott, Martin, Austerman and Barnes: Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. was read the first time and referred to the State Affairs Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 398 HOUSE BILL NO. 398 by Representative Elton, entitled: "An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 399 HOUSE BILL NO. 399 by Representative Ryan, entitled: "An Act relating to an optional exemption from, and deferral of payment of, municipal taxes on deteriorated property, and defining 'deteriorated property' for purposes of the exemption or deferral; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 400 HOUSE BILL NO. 400 by Representatives Kohring, Austerman, Barnes, Cowdery, Hodgins, Kelly, Mulder, Ogan, Ryan, Therriault and Vezey, entitled: 1998-02-12 House Journal Page 2308 HB 400 "An Act combining parts of the Department of Commerce and Economic Development and parts of the Department of Community and Regional Affairs by transferring some of their duties to a new Department of Commerce and Rural Development; transferring some of the duties of the Department of Commerce and Economic Development and the Department of Community and Regional Affairs to other existing agencies; eliminating the Department of Commerce and Economic Development and the Department of Community and Regional Affairs; relating to the Department of Commerce and Rural Development; adjusting the membership of certain multi-member bodies to reflect the transfer of duties among departments and the elimination of departments; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees HB 401 HOUSE BILL NO. 401 by the House Rules Committee by request of the Governor, entitled: "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska tribal family assistance programs; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Health, Education & Social Services and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Health & Social Services, 2/12/98 The Governor's transmittal letter dated February 10, 1998, appears below: 1998-02-12 House Journal Page 2309 HB 401 "Dear Speaker Phillips: In accepting the challenge of reforming Alaska's welfare system, the state must make every effort to build a successful public assistance program. This bill I transmit today continues Alaska's efforts to implement effective and responsible welfare reform, particularly in rural areas. This legislation takes advantage of a provision in federal welfare reform allowing regional non-profit Native corporations to develop and implement welfare programs. Not only would this promote local responsibility for program success, it will better tie program assistance to local economic and social conditions. Under the bill, the Department of Health and Social Services may contract with regional Native organizations for operating family assistance plans. The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, established that specifically named Alaska Native organizations could propose to operate tribal family assistance plans, independent of the state plan, to serve the native population within a specific geographical region. A state- and federally-approved tribal family assistance plan will receive, directly from the federal government, a portion of Alaska's allocation of the Temporary Assistance for Needy Families block grant funds to provide public assistance to the families the plan serves. The federal funds, however, will only be about half of the funds that have historically been appropriated to serve this purpose. This bill establishes standards by which the state will provide grants to these organizations to match the federal funds. The regional plans are expected to be custom designed to meet the economic conditions and needs of the area. Regional plans may depart from some requirements of the state assistance program, as long as the plans contain specifically identified program elements. Additional provisions in the bill address record sharing and confidentiality, data reporting and financial records, program termination, and procedures for appeal. 1998-02-12 House Journal Page 2310 HB 401 This bill will contribute to making our public assistance programs more effective by considering regional conditions in plan developments. I urge your support of this bill. Sincerely, /s/ Tony Knowles Governor" HB 402 HOUSE BILL NO. 402 by the House Rules Committee by request of the Governor, entitled: "An Act providing for a Cook Inlet watershed water quality monitoring project tax credit under the Alaska Net Income Tax Act; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas, the Resources and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Environmental Conservation, 2/12/98 Fiscal note, Dept. of Revenue, 2/12/98 The Governor's transmittal letter dated February 11, 1998, appears below: "Dear Speaker Phillips: In the interest of ensuring healthy communities in Alaska and continuing the state's partnership with industry for responsible development, I am transmitting a bill offering corporate tax credits to companies for voluntary water quality monitoring programs in the Cook Inlet area. The tax credit is intended as an incentive to private industry to expand their efforts in safeguarding our precious watersheds. The concept for this bill was proposed by a group of Cook Inlet area stakeholders representing the oil and gas industry, Native corporations, commercial and sport fishing, tourism, environmental groups, and private landowners. 1998-02-12 House Journal Page 2311 HB 402 The tax credit provided under the bill is limited to certain expenditures for water quality monitoring projects in the Cook Inlet watershed that meet specific criteria. A taxpayer would be allowed a 60 percent credit against the Alaska Net Income Tax for qualified direct expenditures on an approved water quality project. The credit would be limited to $100,000 per year or 50 percent of the tax liability, whichever is less. Only qualified project expenditures in the state in a tax year beginning after December 31, 1998 and before January 1, 2004 are eligible for a credit under the bill, but carry-forwards may be made to tax years beginning before January 1, 2007. To be eligible for the credit, a taxpayer must submit a project design to the Department of Environmental Conservation (DEC) for approval. The department would also certify the direct expenditures for qualified water quality monitoring projects. The DEC may seek help from an advisory group with expertise in water quality projects to evaluate project designs or certify expenses. This bill will encourage private industry to invest in qualified water quality monitoring projects in the Cook Inlet watershed. If this tax credit program is successful, it will serve as a model for additional water quality monitoring programs across the state. Sincerely, /s/ Tony Knowles Governor" HB 403 HOUSE BILL NO. 403 by Representatives Mulder and Ryan, entitled: "An Act amending the foundation formula to provide education funding for the Alaska National Guard Challenge Youth Corps program; relating to limited teacher certificates; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Finance Committee. 1998-02-12 House Journal Page 2312 HB 404 HOUSE BILL NO. 404 by the House Transportation Committee, entitled: "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. HB 405 HOUSE BILL NO. 405 by Representative Kott, entitled: "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." was read the first time and referred to the Judiciary Committee. HB 406 HOUSE BILL NO. 406 by the House Resources Committee, entitled: "An Act relating to subsistence uses of fish and game." was read the first time and referred to the Resources, Judiciary and Finance Committees. 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 - South Peninsula Hospital, SART/SANE Program By Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-02-12 House Journal Page 2313 Honoring - Youth Volunteer Adrien Lopez By Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hanley, James, Joule, Kelly, Kemplen, Kott, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Lincoln Honoring - Walt and Gloria Day By Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Lincoln Honoring - Kenny Lake High School Volleyball Team, State 1A, 2A, 3A Volleyball Champions By Representatives Kubina, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln Honoring - Linda Hartshorn, Retired Wrangell Magistrate By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - The Hershey Track and Field Program By Senator Ward; Representatives Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Leavie K. Anthony By Representatives Sanders, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1998-02-12 House Journal Page 2314 In Memoriam - Willie T. "Bill" Ellis By Senator Lincoln; Representatives Nicholia, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 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 6:30 p.m., plane time, February 19 to 9:30 a.m., plane time, February 23, 1998 Representative Kemplen - from 1:20 p.m., plane time, February 12 to 2:00 p.m., plane time, February 15, 1998 (amended from page 2188) Representative Berkowitz - from 1:41 p.m., plane time, February 13 to 9:26 p.m., plane time, February 15, 1998 (amended from page 2165) Representative Therriault - from 6:30 a.m., plane time, February 13 to 9:30 a.m., plane time, February 16, 1998 Representative Davies - from 1:41 p.m., plane time, February 13 to 9:30 a.m., plane time, February 16, 1998 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Personal Bill Deadline 5:00 p.m., 2/16 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 16, 1998. There being no objection, the House adjourned at 10:53 a.m. Suzi Lowell Chief Clerk