Legislature(1997 - 1998)
1998-05-26 House Journal
Full Journal pdf1998-05-26 House Journal Page 3947 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SPECIAL SESSION Juneau, Alaska Tuesday May 26, 1998 First Day Pursuant to the Governor's proclamation, read May 12, 1998 (page 3855), the House was called to order by Speaker Phillips at 1:12 p.m. Roll call showed 30 members present. Representatives Hanley, Mulder, and Rokeberg were absent and their presence was noted later. Representatives Moses and Vezey were absent. 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: Representatives Nicholia, Therriault and Williams - to 3:30 p.m., plane time, today and their presence was noted later Representative Ivan - to 9:30 p.m., plane time, today Representative Sanders - to 10:00 a.m., plane time, May 27, 1998 The invocation was offered by the Chaplain, Kathleen Wakefield of St. Brendan's Episcopal Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, You give us new life, new hope and new opportunities with each returning day: Help us to use these blessings to the best of our capacity in doing the work which we have to do; devoting ourselves wholly to Your service, and putting our selfish interests aside to seek the welfare of others. 1998-05-26 House Journal Page 3948 O God, whose loving hand has given us all that we possess: grant us grace that we may honor You with our substance, and, remembering the account which we must one day give, may we be faithful stewards of Your bounty. Amen." The Pledge of Allegiance was led by Representative Porter. ANNOUNCEMENTS Majority Caucus Speaker's Chamber 4:00 p.m., 5/26 Minority Caucus upon recess, 5/26 The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 1:17 p.m. AFTER RECESS The Speaker called the House back to order at 7:01 p.m. **The presence of Representatives Hanley, Mulder, Nicholia, Rokeberg, Therriault and Williams was noted. MESSAGES FROM THE GOVERNOR HB 356 A message dated May 14, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 356(FIN) am S "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." Chapter No. 31, SLA 1998 Effective Date: May 15, 1998 1998-05-26 House Journal Page 3949 HB 387 A message dated May 14, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 387(L&C) "An Act relating to dentists." Chapter No. 33, SLA 1998 Effective Date: August 12, 1998 HB 395 A message dated May 14, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 395(JUD) "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training." Chapter No. 32, SLA 1998 Effective Date: August 12, 1998 SCR 28 A message dated May 14, 1998, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 28 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 404, relating to commercial motor vehicles. Legislative Resolve No. 68 HB 370 A message dated May 15, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1998-05-26 House Journal Page 3950 HB 370 SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." Chapter No. 34, SLA 1998 Effective Date: May 16, 1998 HB 392 A message dated May 15, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 392(RES) "An Act relating to access by the Department of Environmental Conservation and the Department of Fish and Game to confidential records for fisheries businesses and resources prepared or kept by the Department of Revenue under AS 43.75.015; relating to certain salmon products reports; and providing for an effective date." Chapter No. 37, SLA 1998 Effective Date: See Chapter HB 472 A message dated May 18, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 472(FIN) "An Act relating to apportionment of business income." Chapter No. 35, SLA 1998 Effective Date: See Chapter SB 157 A message dated May 18, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1998-05-26 House Journal Page 3951 SB 157 CS FOR SENATE BILL NO. 157(FIN) "An Act establishing a children's trust motor vehicle registration plate." Chapter No. 36, SLA 1998 Effective Date: August 16, 1998 HCR 34 A message dated May 20, 1998, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 34 (L&C) am Establishing a Joint Committee on Electric Utility Restructuring. Legislative Resolve No. 70 HB 17 A message dated May 20, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 17(RES) "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date." Chapter No. 40, SLA 1998 Effective Date: See Chapter HB 334 A message dated May 20, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 334(FIN) "An Act relating to waiver of tuition and fees for certain family 1998-05-26 House Journal Page 3952 HB 334 members of a member of the armed services, a peace officer, or a fire fighter killed in the line of duty; and providing for an effective date." Chapter No. 38, SLA 1998 Effective Date: July 1, 1998 SB 240 A message dated May 20, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 240(title am)(reengrossed) "An Act repealing the tax on punchboards and certain coin- operated devices; and providing for an effective date." Chapter No. 39, SLA 1998 Effective Date: January 1, 1999 SB 352 A message dated May 21, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 352 "An Act relating to international airports revenue bonds; and providing for an effective date." Chapter No. 41, SLA 1998 Effective Date: May 22, 1998 HB 2 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 2 "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the 1998-05-26 House Journal Page 3953 HB 2 state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date." Chapter No. 44, SLA 1998 Effective Date: See Chapter HB 33 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1998-05-26 House Journal Page 3954 HB 33 CS FOR HOUSE BILL NO. 33(FIN) am "An Act relating to real estate licensees and to the real estate surety fund; relating to the Real Estate Commission; and providing for an effective date." Chapter No. 45, SLA 1998 Effective Date: See Chapter HB 199 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 199(JUD) "An Act relating to the property, transactions, and obligations of spouses; relating to the augmented estate; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date." Chapter No. 42, SLA 1998 Effective Date: May 23, 1998 HB 321 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 321 am "An Act relating to trusts, to the prudent investor rule, and to standards of care applicable to personal representatives, conservators, and trustees; and providing for an effective date." Chapter No. 43, SLA 1998 Effective Date: May 23, 1998 HB 404 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1998-05-26 House Journal Page 3955 HB 404 SENATE CS FOR CS FOR HOUSE BILL NO. 404(RLS) "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 for certain noncommercial pick-up trucks and vans; and providing for an effective date." Chapter No. 48, SLA 1998 Effective Date: See Chapter SB 110 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) "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." Chapter No. 47, SLA 1998 Effective Date: August 20, 1998 SB 235 A message dated May 22, 1998, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 235(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers." Chapter No. 46, SLA 1998 Effective Date: August 20, 1998 1998-05-26 House Journal Page 3956 MESSAGES FROM THE SENATE HB 473 A message dated May 11, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 473(FIN) "An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date." CSHB 473(FIN) was referred to the Chief Clerk for enrollment. HCR 35 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(STA) Establishing a Joint Task Force on the Census and Redistricting. CSHCR 35(STA) was referred to the Chief Clerk for enrollment. HJR 59 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 59 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. HJR 59 was referred to the Chief Clerk for enrollment. HJR 63 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 63 Relating to support for Mitchell Field Adak airport. HJR 63 was referred to the Chief Clerk for enrollment. 1998-05-26 House Journal Page 3957 HJR 67 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 67 Relating to renewal of the bilateral aviation agreement concerning the mandatory Anchorage stopover for Russian carriers on transpacific routes between the Russian Far East and the United States. HJR 67 was referred to the Chief Clerk for enrollment. HJR 68 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 68 am Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve. HJR 68 am was referred to the Chief Clerk for enrollment. HB 73 A message dated May 12, 1998, was received stating the Senate has passed: 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." HB 73 was referred to the Chief Clerk for enrollment. HB 230 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 230(FIN) "An Act amending the definition of 'small community' for purposes of housing programs involving the Alaska Housing Finance Corporation." 1998-05-26 House Journal Page 3958 HB 230 CSHB 230(FIN) was referred to the Chief Clerk for enrollment. HB 242 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE BILL NO. 242 "An Act relating to unpaid, underpaid, and overpaid royalty and net profit share payments due on leases of state land and to the collection and payment of interest on those payments." HB 242 was referred to the Chief Clerk for enrollment. HB 252 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 252(FIN) "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and providing for an effective date." CSHB 252(FIN) was referred to the Chief Clerk for enrollment. HB 272 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 272(FIN) "An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape." CSHB 272(FIN) was referred to the Chief Clerk for enrollment. 1998-05-26 House Journal Page 3959 HB 315 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to operating appropriations for facility operations, maintenance and repair, and renewal and replacement for components of public buildings and facilities; and providing for an effective date." CSHB 315(FIN) was referred to the Chief Clerk for enrollment. HB 324 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 324(L&C) am "An Act relating to deferral of certain municipal assessment payments." CSHB 324(L&C) am was referred to the Chief Clerk for enrollment. HB 325 A message dated May 12, 1998, was received stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSHB 325(FIN)am(brf sup maj fld) and SCS CSHB 325(FIN) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 325(brf sup maj fld H/S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." The House has adopted CCS HB 325(brf sup maj fld H/S) (page 3885). CCS HB 325(brf sup maj fld H/S) was referred to the Chief Clerk for engrossment and enrollment. 1998-05-26 House Journal Page 3960 HB 326 A message dated May 12, 1998, was received stating the Senate has adopted the Conference Committee report with limited powers of free conference on CSHB 326(FIN) and SCS CSHB 326(FIN) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 326 "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." The House has adopted CCS HB 326 (page 3891). CCS HB 326 was referred to the Chief Clerk for engrossment and enrollment. HB 369 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 369(FIN) am "An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services under the Medicaid program; relating to premiums and cost-sharing contributions under the Medicaid program; and providing for an effective date." CSHB 369(FIN) am was referred to the Chief Clerk for enrollment. HB 383 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 383(JUD) "An Act relating to expected deaths that occur at home." CSHB 383(JUD) was referred to the Chief Clerk for enrollment. 1998-05-26 House Journal Page 3961 HB 405 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 405(FIN) "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." CSHB 405(FIN) was referred to the Chief Clerk for enrollment. HB 474 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 474(RLS) "An Act relating to the Alaska Police Standards Council and to municipal correctional officers." CSHB 474(RLS) was referred to the Chief Clerk for enrollment. HB 482 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 482(TRA) am "An Act relating to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date." CSHB 482(TRA) am was referred to the Chief Clerk for enrollment. HB 488 A message dated May 12, 1998, was received stating the Senate has passed: HOUSE BILL NO. 488 am "An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board." HB 488 am was referred to the Chief Clerk for enrollment. 1998-05-26 House Journal Page 3962 HB 490 A message dated May 12, 1998, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 490(RLS) am "An Act relating to insurance premium taxes and to insurance taxes, licenses, or fees imposed on certain health care insurance; and providing for an effective date." The Senate adopted a Letter of Intent (page 4164 of the Senate Journal). CSHB 490(RLS) am was referred to the Chief Clerk for enrollment. SJR 42 A message dated May 12, 1998, was received stating the Senate has concurred in the House amendment to CSSJR 42(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42(RLS) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. SB 11 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to CSSB 11(FIN)(title am), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." SB 17 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to SB 17, thus adopting: 1998-05-26 House Journal Page 3963 SB 17 SENATE BILL NO. 17 am H "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." SB 36 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to CSSB 36(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." The Senate adopted the House Letter of Intent (page 3927). SB 105 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to: CS FOR SENATE BILL NO. 105(FIN) am "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of 'public official' for employment security statutes; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state or municipal office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state 1998-05-26 House Journal Page 3964 SB 105 employees and officials; making a conforming amendment to the definition of 'public official' for employment security statutes; and providing for an effective date." SB 153 A message dated May 12, 1998, was received stating the Senate has adopted the Conference Committee with limited powers of free conference report on SB 153 and HCS SB 153(FIN) am H, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 153 "An Act relating to issuance of special license plates." The House has adopted CCS SB 153 (page 3895). SB 231 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to: CS FOR SENATE BILL NO. 231(FIN) am(brf sup maj fld) "An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H(brf sup maj pfld S) "An Act making and amending capital, supplemental, and other appropriations; making appropriations 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." SB 281 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to CSSB 281(RES), thus adopting: 1998-05-26 House Journal Page 3965 SB 281 HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA) "An Act relating to general grant land entitlements for the City and Borough of Yakutat; and providing for an effective date." SB 313 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to SB 313, thus adopting: HOUSE CS FOR SENATE BILL NO. 313(FIN) "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition." SB 354 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to SB 354, thus adopting: SENATE BILL NO. 354 am H "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." SB 360 A message dated May 12, 1998, was received stating the Senate has concured in the House amendment to CSSB 360(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) am H "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; and providing for an effective date." 1998-05-26 House Journal Page 3966 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 101 HOUSE JOINT RESOLUTION NO. 101 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Office of the Governor, 5/26/98 Zero fiscal note, Dept. of Law, 5/26/98 The Governor's transmittal letter dated May 26, 1998, appears below: "Dear Speaker Phillips: This joint resolution calling for a vote on a state constitutional amendment is the key element in a plan that offers a solution to Alaska's longstanding subsistence dilemma. Taken in conjunction with a companion bill I also present today on behalf of Alaskans and the subsistence task force, and with amendments to the Alaska National Interest Lands Conservation Act (ANILCA) passed by Congress in 1997, this measure will enable the state to regain and retain complete management of fish and wildlife on all land and water in Alaska. It is identical to the joint resolutions I offered on January14, 1998, as Senate Joint Resolution 31 and House Joint Resolution 46. This comprehensive solution to the subsistence question is the result of the outstanding work of a bipartisan task force made up of public and private members I convened last summer. These Alaska leaders 1998-05-26 House Journal Page 3967 HJR 101 joined me in developing an approach, which not only enables the state to regain subsistence management of fish and wildlife, but also recognizes the paramount importance of the subsistence lifestyle to Alaskans. The task force members included Lt. Governor Fran Ulmer, Senate President Mike Miller, House Speaker Gail Phillips, former Governor Jay Hammond, former Attorney General Charlie Cole and Byron Mallott, Executive Director of the Permanent Fund Corporation and myself. Working together, we agreed the best approach was to adhere to the original intent of ANILCA, not to expand or diminish its fundamental provisions, and to recommend only those changes in current federal and state law absolutely necessary to affect the original purposes. The attached joint resolution allows the people of the state to vote to amend the Alaska Constitution. Under this constitutional amendment, the Legislature could establish a priority for subsistence uses of fish and game based on a person's place of residence. The task force designed its three-part package--the constitutional amendment, state statutory changes, and amendments to ANILCA--to be interdependent. Neither the statutory changes presented in the companion bill, nor the already-approved amendments to ANILCA, will take effect unless the voters adopt this constitutional amendment. Giving Alaskans an opportunity to make their contribution to solving the dilemma by voting on the amendment is critical. I urge the Legislature to demonstrate its faith in Alaskans by considering and passing this resolution. Sincerely, /s/ Tony Knowles Governor" INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 1001 HOUSE BILL NO. 1001 by the House Rules Committee by request of the Governor, entitled: 1998-05-26 House Journal Page 3968 HB 1001 "An Act establishing a priority for subsistence uses of fish and wildlife that is based on place of residence; relating to the management and taking of fish and wildlife for subsistence uses; relating to certain definitions for the fish and game code; delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal notes (6), Dept. of Fish & Game, 5/26/98 Zero fiscal note, Dept. of Law, 5/26/98 The Governor's transmittal letter dated May 26, 1998, appears below: "Dear Speaker Phillips: On behalf of Alaskans and the subsistence task force, I am transmitting this bill providing for changes to our subsistence statutes. Except for a minor change, it is identical to the subsistence task force bill introduced on January 14, 1998, as Senate Bill 239 and House Bill 320. This is a companion bill to the joint resolution I am also sending you today calling for a statewide vote on a constitutional amendment allowing a subsistence priority. Together, these measures will enable the state to regain subsistence management of fish and wildlife in areas of Alaska now managed by the federal government, and to recognize the paramount importance of the subsistence way of life to Alaskans. A main feature of the subsistence provisions of the federal Alaska National Interest Lands Conservation Act (ANILCA) is giving rural residents of Alaska a priority for subsistence uses of fish and wildlife on federal land. If state law mirrors that priority on state land, the state can manage fish and wildlife, for subsistence and all other uses, on all lands and waters within its borders. Without an amendment to 1998-05-26 House Journal Page 3969 HB 1001 the Alaska Constitution that would allow such a priority, however, the Legislature does not have the power to pass a state statute consistent with ANILCA requirements. As a consequence, the federal government would retain management of subsistence uses on federal lands and will take over management on certain waters December 1 of this year. The bill would also make other beneficial changes to our subsistence law. For example, it would establish a system of regional councils to ensure Alaskans can participate in decision-making that affects fish and wildlife subsistence resources near where those Alaskans live. It would also clarify the definitions of several terms in the subsistence statutes, including "customary and traditional." Finally, the bill would enable a state resident to hunt and fish for subsistence resources while holding a proxy given by a family member or other person who qualifies for the subsistence priority under state law. This proposed bill and accompanying constitutional amendment were crafted by a task force I appointed to find a solution to our longstanding subsistence problem. Joining me on the task force were Lt. Governor Fran Ulmer, House Speaker Gail Phillips, Senate President Mike Miller, former Governor Jay Hammond, former Attorney General Charlie Cole, and Byron Mallott, Executive Director of the Permanent Fund Corporation. We agreed the best approach was a package that relied on three pieces working together: the constitutional amendment, state statutory changes, and amendments to ANILCA, which Congress has already passed. Neither the statutory amendments nor the ANILCA amendments will go into effect until the voters approve the constitutional amendment. Time is of the essence in solving this issue if we are to regain management of our resources on federal land. The current state subsistence law sunsets October 1998 and will be replaced by the 1986 law, which was found unconstitutional in McDowell v. State, 785 P.2d 1 (Alaska 1989). This bill postpones the sunset for one more year, allowing time to vote on the constitutional amendment this November. Meanwhile, this bill would allow the Board of Fisheries and Board of Game to immediately begin adopting appropriate regulations so they would be ready when the substantive provisions of the bill take effect. 1998-05-26 House Journal Page 3970 HB 1001 We can afford to wait no longer. In March of this year, the United States Department of Interior and Department of Agriculture proposed an additional budget of nearly $4,000,000 to expand, starting December 1 of this year, the federal management of subsistence fisheries. These departments describe their upcoming mission as an "unprecedented expansion of Federal management of Alaska's fisheries in many areas of the state." For several areas, the departments anticipate that "Federal managers may be called on to intervene in the management of commercial harvests to assure upstream delivery of salmon to subsistence users." Thus, they are poised to upset the balanced allocations our Board of Fisheries has been perfecting since statehood. Regaining subsistence management requires Alaskans to amend the state constitution and to enact laws that are consistent with ANILCA's provisions. Passage of this bill is a necessary step toward that goal. I urge your prompt consideration. Sincerely, /s/ Tony Knowles Governor" UNFINISHED BUSINESS 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 Davies - from 6:30 a.m., plane time, May 27 to 9:30 a.m., plane time, May 28, 1998 SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation, In Memoriam - Tom Neville, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 1998-05-26 House Journal Page 3971 Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. 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: In Memoriam - Tom Neville By Representatives Kelly, Brice, Phillips, Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams ENROLLMENT HCR 34 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:40 p.m., May 14, 1998: CS FOR HOUSE CONCURRENT RESOLUTION NO. 34(L&C) am Establishing a Joint Committee on Electric Utility Restructuring. HB 399 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:40 p.m., May 14, 1998: SENATE CS FOR HOUSE BILL NO. 399(RLS) "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." 1998-05-26 House Journal Page 3972 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn to a Call of the Speaker. There being no objection, the House adjourned at 7:09 p.m. Suzi Lowell Chief Clerk