Legislature(2001 - 2002)

2002-05-17 House Journal

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2002-05-17                     House Journal                      Page 3851
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                        TWENTY-SECOND LEGISLATURE                                                
                                                                                                    
                          SECOND SPECIAL SESSION                                                 
                                                                                                    
Juneau, Alaska                     Friday                   May 17, 2002                          
                                                                                                    
                                First Day                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Under the authority of Article II, Section 9, of the Constitution of the                            
State of Alaska, the Second Special Session of the Twenty-Second                                    
Alaska State Legislature was convened.  The House was called to                                     
order by Speaker Porter at 1:48 p.m.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
The Speaker stated that under AS 24.05.100, at approximately                                        
12:30 a.m., May 17, 2002, the members of the Legislature were polled                                
on the question of whether to call a special session to begin at 11:00                              
a.m. on May 17, 2002.  The following 27 members of the House of                                     
Representatives voted affirmatively:                                                                
                                                                                                    
                                                                                                    
Representatives Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green,                               
Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek,                                     
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, and Wilson.                                                    
                                                                                                    
                                                                                                    
The Speaker stated that he had been informed that 14 Senate members                                 
also voted affirmatively on the question of convening a special session                             
at 11:00 a.m. on May 17, 2002.                                                                      
                                                                                                    
                                                                                                    
The Speaker stated that Uniform Rule 23(d), concerning the 24-hour                                  
rule for noticing meetings, and Uniform Rule 44, concerning                                         
introduction of legislation, are in effect.                                                         
                                                                                                    
                                                                                                    

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Roll call showed 36 members present.  Representative Davies was                                     
excused from a call of the House today because of illness.                                          
Representatives Guess, Meyer, and Ogan were absent.                                                 
                                                                                                    
The invocation was offered by Representative Stevens, Chaplain                                      
Designee.  Representative Hudson moved and asked unanimous                                          
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
     God be in my head and in my understanding                                                      
     God be in my eyes and in my seeing                                                             
     God be in my mouth and in my speaking                                                          
     God be in my heart and in my thinking                                                          
     God be at mine end and at my departing.                                                        
                                                                                                    
     (A prayer from the 1540's)                                                                     
                                                                                                    
The Pledge of Allegiance was led by Representative Kott.                                            
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 120th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Billie Jo Chavez, Alaska's Young Mothers Representative                                  
2002                                                                                                
By Representative Kapsner                                                                           
                                                                                                    
Honoring - Michael Stickler                                                                         
By Representative Hayes                                                                             
                                                                                                    
Honoring - Sergeant David Hanlon                                                                    
By Representative Coghill                                                                           

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                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 201                                                                                           
HOUSE JOINT RESOLUTION NO. 201 by the House Rules                                                   
Committee by request of the Governor, entitled:                                                     
                                                                                                    
     Proposing an amendment to the Constitution of the State of                                     
     Alaska relating to providing for priorities for and among                                      
     subsistence uses in the allocation of fish, wildlife, and other                                
     renewable resources.                                                                           
                                                                                                    
was read the first time and referred to the Resources, Judiciary, and                               
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated May 17, 2002, follows:                                      
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Today I am presenting the subsistence joint resolution that I                                       
introduced in February during the regular session.  That joint                                      
resolution, HJR 41, received a hearing in the House Resources                                       
Committee but did not progress any further.  The Senate version, SJR
36, received no hearings.  That is unfortunate because the citizens of                              
Alaska clearly want to vote on this issue.                                                          
                                                                                                    
Over 70 percent of the Anchorage voters who voted in a municipal                                    
election this spring favored putting a constitutional amendment                                     
concerning subsistence on the ballot.  Business leaders have testified                              
that the state's inability to resolve this issue will hinder resource                               
development.  Religious leaders have urged that we take this action in                              
order to bridge the growing urban-rural divide in Alaska.  Native                                   
leaders say that this may be the last time that Alaska Natives will                                 
support a return to state management of our fish and game.                                          
Nevertheless, some legislators have turned a deaf ear to those voices.                              

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While those legislators have ignored their constituents, the federal                                
government has continued to strengthen its grip on subsistence                                      
management.  That management is diverging more and more from the                                    
way state boards deal with our fish and game.  Dual management                                      
confuses the public, upsets historic patterns of allocation, and will                               
ultimately jeopardize the health of our resources.                                                  
                                                                                                    
Time is drawing short for Alaskans to solve this problem.  I urge you                               
to work with me to unify our state and to regain our right to manage                                
all uses of Alaska's resources.                                                                     
                                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 2001                                                                                           
HOUSE BILL NO. 2001 by the House Rules Committee by request of                                      
the Governor, entitled:                                                                             
                                                                                                    
     "An Act setting timelines for issuance of final orders by the                                  
     Regulatory Commission of Alaska, amending the authority of the                                 
     commission to enter compromise settlement orders, and extending                                
     the commission's termination date to June 30, 2006; and providing                              
     for an effective date."                                                                        
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
The Governor's transmittal letter dated May 17, 2002, follows:                                      
                                                                                                    

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"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting this bill to the special session extending the "sunset"                           
date of the Regulatory Commission of Alaska for four years, to June                                 
30, 2006.                                                                                           
                                                                                                    
The commission began regulating utilities and pipelines in the state on                             
July 1, 1999 as a replacement for the Alaska Public Utilities                                       
Commission.  Utility regulation has been a function of state                                        
government since statehood.  The commission's mission to protect the                                
public interest remains important today.                                                            
                                                                                                    
I urge your prompt and favorable action on this measure during the                                  
special session.                                                                                    
                                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 2002                                                                                           
HOUSE BILL NO. 2002 by the House Finance Committee, entitled:                                       
                                                                                                    
     "An Act relating to the issuance of general obligation bonds for                               
     the purpose of paying the cost of design, construction, and major                              
     maintenance of educational and museum facilities; and providing                                
     for an effective date."                                                                        
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
HB 2003                                                                                           
HOUSE BILL NO. 2003 by the House Finance Committee, entitled:                                       
                                                                                                    
     "An Act relating to municipal bond reimbursement for school                                    
     construction; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the Finance Committee.                                      

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HB 2004                                                                                           
HOUSE BILL NO. 2004 by the House Rules Committee by request of                                      
the Governor, entitled:                                                                             
                                                                                                    
     "An Act changing the name of the Alaska Pioneers' Home to the                                  
     Alaska Pioneers' and Veterans' Home and of the Alaska Pioneers'                                
     Homes Advisory Board to the Alaska Pioneers' and Veterans'                                     
     Home Advisory Board; relating to housing and services for                                      
     veterans; relating to the advisory board for the home; making                                  
     other amendments to the statutes relating to the home; and                                     
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated May 17, 2002, follows:                                      
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting this bill to this special session changing the name of                            
the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans'                                     
Home and reserving a certain number of beds in the homes for eligible                               
veterans.                                                                                           
                                                                                                    
In 1992, the Legislature authorized the Department of Administration                                
to apply for federal assistance to establish and operate state veterans'                            
home facilities to provide domiciliary care.  In 1998, that statute was                             
amended to include the provision of nursing home care with related                                  
medical services for veterans in those facilities.  Financing for such                              
facilities has not been available.  However, the Pioneers' Home has                                 
vacant beds that could be used to provide the long-term care for                                    
veterans that the 1992 and 1998 laws contemplated.  Accordingly, I                                  
am proposing that the law be changed so that the Pioneers' Home can                                 
provide this service.                                                                               
                                                                                                    

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The bill would provide that a certain number of beds be reserved in the                             
home for veterans who meet the other eligibility requirements for                                   
admission, including being at least 65 years old, being an Alaska                                   
resident for at least one year, and needing the services that the home                              
provides.  The number of beds to be reserved for veterans would be                                  
determined by the department by regulation.  The bill defines                                       
"veteran" as anyone who has 181 days or more of active service in the                               
armed services of the United States, including the Alaska National                                  
Guard or the Alaska Territorial Guard.                                                              
                                                                                                    
In addition, the bill would make two changes in the statutes imposing                               
residency requirements for admission into the home.  First, the bill                                
recognizes in statute a court decision concerning the residency                                     
requirement for the home.  The 15-year requirement for admission was                                
ruled unconstitutional by the Alaska courts in the early 1990s; the                                 
home has been using a one-year requirement since then under                                         
Department of Law advice that that is the longest requirement that                                  
could withstand a constitutional challenge.  Thus, this bill would                                  
simply amend the relevant statute to bring it in line with constitutional                           
requirements and current practice.  The bill also would repeal a statute,                           
closely tied to the 15-year residency requirement, that provides that an                            
applicant does not have to meet the 15-year requirement if the                                      
applicant has 30 years' total residency in Alaska.  Given the                                       
elimination of the 15-year requirement, the statute proposed for repeal                             
would no longer be relevant.  Moreover, even though there is no court                               
decision on point, the Department of Law has advised that this 30-year                              
residency statute also would likely be invalidated if it were challenged.                           
                                                                                                    
The bill amends the statutes regarding the Alaska Pioneers' Homes                                   
Advisory Board to reflect the new name of the home and to provide                                   
that at least two of the seven members appointed by the governor must                               
be veterans.  A second, separate amendment to the membership                                        
provision would replace one of those two veterans with the chair of the                             
Alaska Veterans Advisory Council, contingent on enactment into law                                  
of a bill I am introducing to establish that council.  The bill makes or                            
provides for conforming changes to other statutes and to the Alaska                                 
Administrative Code.                                                                                
                                                                                                    
This important legislation was presented during the regular session,                                
but did not pass.  I urge your prompt and favorable action on this                                  

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measure during the special session.  It is urgent to our veterans that the                          
legislation pass now in special session.  Our veterans have served our                              
state well.  It is now our time to recognize these efforts and to provide                           
these essential services.                                                                           
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 2005                                                                                           
HOUSE BILL NO. 2005 by the House Rules Committee by request of                                      
the Governor, entitled:                                                                             
                                                                                                    
         "An Act establishing the Alaska Veterans Advisory Council;                                 
         and providing for an effective date."                                                      
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Military & Veterans' Affairs                                                   
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated May 17, 2002, follows:                                      
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting this bill to the special session establishing the Alaska                          
Veterans Advisory Council.  The council initially was established by                                
Administrative Order No. 164, dated July 3, 1996.  This bill would                                  
establish the council in statute as an entity within the Department of                              
Military and Veterans' Affairs (DMVA).                                                              
                                                                                                    
As provided in Administrative Order No. 164 and under this bill, the                                
purpose of the council is to advise the DMVA on ways to better                                      
address the needs and concerns of Alaska's veterans, their dependents,                              
and their survivors.  The council's duties include making                                           

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recommendations concerning veterans' priority service needs,                                        
developing public and private partnerships to meet those needs, and                                 
providing coordination of information regarding veterans' benefits and                              
services around the state.                                                                          
                                                                                                    
This bill maintains the present 20-member structure and                                             
responsibilities of the council.  The council's membership would                                    
continue to include one or more persons affiliated with a veterans                                  
organization, one or more persons from a state agency that manages                                  
programs affecting veterans, and one or more members of the general                                 
public familiar with veterans' issues.  Council members would                                       
continue to serve without compensation other than per diem and travel                               
expenses.                                                                                           
                                                                                                    
While this bill was introduced during the regular session, the House                                
failed to act on this important legislation.  I urge your prompt and                                
favorable action now on this measure.                                                               
                                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                                                                                    
                                Tony Knowles                                                        
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 2006                                                                                           
HOUSE BILL NO. 2006 by the House Rules Committee by request,                                        
entitled:                                                                                           
                                                                                                    
     "An Act relating to the base student allocation used in the formula                            
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
HB 2007                                                                                           
HOUSE BILL NO. 2007 by the House Finance Committee, entitled:                                       
                                                                                                    

2002-05-17                     House Journal                      Page 3860
     "An Act making an appropriation to reverse the effect of art. IX,                              
     sec. 17(d), Constitution of the State of Alaska; making an                                     
     appropriation to balance revenue and general fund appropriations;                              
     making an appropriation to the Department of Revenue for                                       
     management of the constitutional budget reserve fund; making                                   
     appropriations under art. IX, sec. 17(c), Constitution of the State                            
     of Alaska, from the constitutional budget reserve fund; and                                    
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 2008                                                                                           
HOUSE BILL NO. 2008 by the House Finance Committee, entitled:                                       
                                                                                                    
     "An Act making and amending appropriations and                                                 
     reappropriations; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Finance Committee                                  Call of the Chair, 5/17                          
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 2:05 p.m.                                        
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 5:07 p.m.                                             
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., May 18, 2002.  There being no                                       
objection, the House adjourned at 5:07 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk                                            

2002-05-17                     House Journal                      Page 3861