Legislature(1999 - 2000)

2000-02-02 House Journal

Full Journal pdf

2000-02-02                     House Journal                      Page 2055
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- SECOND SESSION                  
                                                                               
Juneau, Alaska                     Wednesday          February 2, 2000         
                                                                               
                              Twenty-fourth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:04 a.m.                                                           
                                                                               
                                                                               
Roll call showed 34 members present.  Representatives Berkowitz,               
Morgan, and Phillips had been previously excused from a call of the            
House today.   Representatives Mulder, Therriault, and Whitaker were           
absent and their presence was noted later.                                     
                                                                               
                                                                               
The invocation was offered by Pastor Paul D. Beran of the                      
Resurrection Lutheran Church.  Representative Coghill moved and                
asked unanimous consent that the invocation be spread on the journal.          
There being no objection, it appears below:                                    
                                                                               
Dear Lord and Heavenly Father,                                                
                                                                               
This is the day which You have made, help us to rejoice and                   
be glad in it.  You give to us the pulse of life and the                       
challenge of our responsibilities.  Help us to be leaders with                 
integrity and long-lasting vision:  free from ever-present self-               
centeredness, free from the enslaving chains of popularity and                 
re-election, free to be transparently open, free to be Your                    
beloved children and servants.                                                 
                                                                               
Indwell and lead us by Your Spirit.  May Your Spirit and                      
everlasting strong arms comfort and sustain the families and                   
friends of all those lost in the Alaska Airlines crash.  In the                
Name of Jesus Christ, Amen.                                                    
                                                                               

2000-02-02                     House Journal                      Page 2056
The Pledge of Allegiance was led by Representative Davis.                      
                                                                               
                                   * * * * *                                   
                                                                               
Representative Kookesh requested that the House stand for a moment             
of silence to honor the lives of those lost on Alaska Airlines                 
Flight261, especially Alaskans Morris, Thelma, and Sheryl Thompson,            
Malcolm Branson, and Janice Stokes.                                            
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 22nd and 23rd legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Alaska Court System                                                            
Travel and Compensation Report                                                 
Calendar Year 1999                                                             
January 26, 2000                                                               
(as required by AS 22.20.037)                                                  
                                                                               
Dept. of Administration                                                        
Division of Finance                                                            
1999 Compensation and Travel Report                                            
  of Executive Positions                                                       
January 31, 2000                                                               
(as required by AS 37.05.210)                                                  
                                                                               
Dept. of Community & Economic Development                                      
Alaska Energy Authority                                                        
Notification of Intent to Issue Bonds                                          
(Bradley Lake Hydroelectric Project)                                           
January 26, 2000                                                               
(as required by AS 44.83.910)                                                  
                                                                               

2000-02-02                     House Journal                      Page 2057
Dept. of Education & Early Development                                         
Alaska Commission on Postsecondary Education                                   
Alaska Student Loan Corporation                                                
Annual Report 1998-1999                                                        
                                                                               
Dept. of Natural Resources                                                     
  Division of Mining, Land and Water                                           
  Legislative Report, January 2000                                             
    Report on Identified RS 2477 Rights-of-Way                                 
    (as required by AS 19.30.400)                                              
                                                                               
    Notification of Annual Mining Report                                       
    (as required by AS 27.05.060)                                              
                                                                               
    Notification of Land Disposal Income Account Report                        
    (as required by AS 38.04.022)                                              
                                                                               
    Notification of Interim Mineral Closing Order                              
    (as required by AS 38.05.300)                                              
                                                                               
    Notification of Annual Report                                              
     on Water Removals and Exports                                             
    (as required by AS 46.15.020)                                              
                                                                               
  Division of Parks and Outdoor Recreation                                     
  Actions taken that prohibit or restrict traditional                          
   means of access to the state park system                                    
  January 26, 2000                                                             
  (as required by AS 41.21.020)                                                
                                                                               
Dept. of Public Safety                                                         
Council on Domestic Violence                                                   
  and Sexual Assault                                                           
Annual Report, FY 99                                                           
(as required by AS 18.66.050)                                                  
                                                                               
Dept. of Revenue                                                               
Treasury Division                                                              
Alaska Public Debt, 1999-2000                                                  
January 2000                                                                   
                                                                               

2000-02-02                     House Journal                      Page 2058
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 243                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 243                                                            
"An Act relating to taxes on motor fuel used in or on boats and               
watercraft; and providing for an effective date."                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 243(TRA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Halcro, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (1):  Hudson                                                           
                                                                               
No recommendation (4):  Cowdery, Masek, Kookesh, Halcro                        
                                                                               
Amend (2):  Kohring, Kemplen                                                   
                                                                               
The following fiscal note applies to CSHB 243(TRA):                            
                                                                               
Indeterminate fiscal note, Dept. of Revenue, 2/2/00                            
                                                                               
HB 243 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 272                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 272                                                            
"An Act relating to the tax assessment by a home rule or general              
law municipality of housing that qualifies for the low-income                  
housing credit under the Internal Revenue Code; and providing for              
an effective date."                                                            
                                                                               
The report was signed by Representative Harris, Co-chair, with the             
following individual recommendations:                                          

2000-02-02                     House Journal                      Page 2059
HB 272                                                                       
Do pass (5):  Murkowski, Halcro, Joule, Kookesh, Harris                        
                                                                               
Amend (1):  Dyson                                                              
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Community & Regional Affairs Committee,                
2/2/00                                                                         
                                                                               
HB 272 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced:                                       
                                                                               
Honoring - Vicki Otte and Lynne Ballew                                         
By Representative Mulder                                                       
                                                                               
Honoring - James Fisher                                                        
By Representative Smalley                                                      
                                                                               
and referred to the Rules Committee for placement on the calendar;             
and                                                                            
                                                                               
Honoring - Bishop Ronald D. Martinson                                          
By Senator Tim Kelly                                                           
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 52                                                                       
HOUSE JOINT RESOLUTION NO. 52 by Representative James:                         
                                                                               
Proposing an amendment to the Constitution of the State of Alaska             
relating to certain public corporations.                                       
                                                                               

2000-02-02                     House Journal                      Page 2060
HJR 52                                                                       
was read the first time and referred to the State Affairs, Judiciary, and      
Finance Committees.                                                            
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 324                                                                       
HOUSE BILL NO. 324 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act requiring written consent by the person who is the subject            
of the information before releasing personal information contained             
in motor vehicle records, to comply with 18 U.S.C. 2721; and                   
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs, Judiciary, and      
Finance Committees.                                                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Administration, 2/2/00                                   
                                                                               
The Governor's transmittal letter dated January 31, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting a bill relating to consent before releasing personal         
information contained in motor vehicle records to comply with recent           
changes to the federal Driver's Privacy Protection Act of 1994.                
Provisions in this bill must be in effect by June 1, 2000, to avoid any        
possible federal fines.                                                        
                                                                               
Alaska law currently restricts the release of personal information by the      
division of motor vehicles (DMV) in the Department of Administration           
to government agencies, including law enforcement and the courts, to           
businesses to verify information submitted to them by individuals, and         
to other persons for purposes prescribed by law.  It also allows the           
release for commercial purposes  or  any other purpose if the person           

2000-02-02                     House Journal                      Page 2061
HB 324                                                                       
who is the subject of the information is given an opportunity to request       
that the information not be released for these purposes.  This bill            
provides that information may be released for commercial or other              
purposes only if the person who is the subject of the information has          
provided written consent to the release.  Thus, rather than giving a           
person an opportunity to object to the release of personal information,        
the DMV cannot release the information unless the person has                   
affirmatively consented in writing to the release.                             
                                                                               
These amendments will protect the privacy of Alaskans.                         
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 325                                                                       
HOUSE BILL NO. 325 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to priorities, claims, and liens for payment for             
certain medical services provided to medical assistance recipients;            
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary, and Finance Committees.                                   
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Health & Social Services, 2/2/00                         
                                                                               
The Governor's transmittal letter dated January 31, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
In the interest of recovering medical assistance payments due to the           
state, I am transmitting this bill that grants the Department of Health        
and Social Services an express right to a lien against any money               
recovered from a third party  for assistance  payments.  The bill also         

2000-02-02                     House Journal                      Page 2062
HB 325                                                                       
strengthens the department's existing right of third party subrogation         
and extends the time period from six months to one year for medical            
providers to file claims with the department for medical services              
provided.                                                                      
                                                                               
                                                                               
Under the bill, when a state medical assistance recipient recovers             
money from a third party who is found liable for the recipient's               
medical expenses, the department would have a lien against that                
recovery.  The department's lien would be reduced by a pro rata share          
of the recipient's attorney fees and litigation costs incurred in the          
recovery.  If the department incurs attorney fees and costs to enforce         
the lien, the amount of the lien would be increased to cover those fees        
and costs.  The department's lien would take priority over a lien filed        
by a hospital, nurse, or physician.                                            
                                                                               
                                                                               
Under existing law, when a state medical assistance recipient has a            
claim against a third party for the recipient's medical expenses, the          
department has a right of subrogation.  This law allows the department         
to stand in the place of the recipient to enforce the recipient's claim for    
medical assistance payments against an insurer or other third party.           
This bill adds a requirement that the recipient give the department            
notice if the recipient has an action or claim against a third party so        
that the department may enforce its subrogation rights.  The bill also         
expressly grants the department the right to bring an action to recover        
on a subrogated medical assistance claim regardless of whether the             
recipient acts or fails to act to enforce the claim.                           
                                                                               
I urge your support of this important legislation.                             
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 326                                                                       
HOUSE BILL NO. 326 by the House Rules Committee by request of                  
the Governor, entitled:                                                        

2000-02-02                     House Journal                      Page 2063
HB 326                                                                       
"An Act relating to the inspection of boilers and pressure vessels            
and to fees for services under the boilers and pressure vessels                
program; and providing for an effective date."                                 
                                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Labor & Workforce Development, 2/2/00                    
                                                                               
                                                                               
The Governor's transmittal letter dated January 31, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
This bill I transmit today will bring greater efficiency to the state's        
boiler and pressure vessel inspection program while allowing the               
Department of Labor and Workforce Development to generate a                    
predictable amount of revenue, prioritize routine inspections, and better      
address the needs of the public.                                               
                                                                               
                                                                               
Under current law, the Department of Labor and Workforce                       
Development (department) is to inspect boiler and pressure vessels             
every one to five years, depending on the type of machinery.  At the           
time of inspection, the department charges an inspection fee in addition       
to a fee for a certificate of operation.  This bill simplifies the system      
by allowing the department to annually issue certificates of operation         
to all boilers or pressure vessels, while selectively determining which        
of them need an inspection.  A fee structure will be established for the       
certificates, but routine inspections would be free.  A fee would be           
charged for any special inspections.                                           
                                                                               
                                                                               
The State of Oregon has adopted a similar program and found it to be           
quite successful.  This program will  ensure  safe operation of boilers        

2000-02-02                     House Journal                      Page 2064
HB 326                                                                       
and pressure vessels in the state while removing unnecessary steps in          
the inspection and certification process.                                      
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 327                                                                       
HOUSE BILL NO. 327 by Representative Kerttula, entitled:                       
                                                                               
"An Act relating to retirement incentive programs."                           
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, State Affairs, and Finance Committees.                               
                                                                               
                                                                               
HB 328                                                                       
HOUSE BILL NO. 328 by Representative Coghill, entitled:                        
                                                                               
"An Act relating to child-in-need-of-aid proceedings; and                     
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
**The presence of Representative Whitaker was noted.                           
                                                                               
                                                                               
HB 329                                                                       
HOUSE BILL NO. 329 by Representative Coghill, entitled:                        
                                                                               
"An Act relating to unborn children and abortion."                            
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary, and Finance Committees.                                   
**The presence of Representative Mulder was noted.                             
                                                                               
                                                                               

2000-02-02                     House Journal                      Page 2065
HB 330                                                                       
HOUSE BILL NO. 330 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act establishing Prisoners of War and Missing in Action                   
Recognition Days and Women Veterans Day; and providing for an                  
effective date."                                                               
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Military & Veterans Affairs, 2/2/00                 
                                                                               
                                                                               
The Governor's transmittal letter dated February 1, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
American members of the military forces, men and women, have stood             
proudly against the forces of tyranny and oppression throughout the            
world.  Many tragically suffered as prisoners of war or remain missing         
in action.  Alaska should honor these brave men and women and it is            
fitting they be recognized in state law.  This bill I transmit today           
formally establishes days to honor prisoners of war, persons missing           
in action, and women in the military.                                          
                                                                               
This bill establishes three days in law.  To honor all former prisoners        
of war (POWs) who have returned home from our nation's wars, April             
9 will be known as Former POW Recognition Day.  The third Friday               
in September will be known as POW and MIA Recognition Day to                   
commemorate all prisoners of war and persons missing in action                 
(MIAs) unaccounted for or who died in captivity.  November 9 of each           
year will be recognized as Women Veterans Day.                                 
                                                                               
Veterans groups have for some time observed a former POW                       
recognition day to primarily honor all POWs who have returned home.            
More recently, those groups have observed a POW/MIA recognition                
day as a day to honor Vietnam War POWs and especially MIAs.  Over              

2000-02-02                     House Journal                      Page 2066
HB 330                                                                       
time this day has become a day to honor all POWs, including those              
who died in captivity, and a day to make a special effort to remember          
all persons who remain missing in action.                                      
                                                                               
                                                                               
Countless courageous servicemen and women have sacrificed their                
lives for our nation, and many others have lost their own freedom as           
prisoners of war.  Exhibiting patience and determination, prisoners of         
war are a powerful reminder that the spirit of the American soldier            
cannot easily be broken, even by brutal treatment in violation of              
international law and the laws of common decency.                              
                                                                               
                                                                               
These brave soldiers, some of who died in captivity, and who, in many          
cases, spent years captive under the most reprehensible conditions,            
deserve our gratitude and commendation.  The search for unaccounted            
for and missing soldiers from our nation's wars continues.  Their              
unknown fate causes considerable uncertainty for their families,               
friends, and fellow veterans.  By establishing these recognition days in       
their honor, Alaska will not forget the lives of these extraordinary           
heroes and the stories of their dedication to the people of America.           
                                                                               
                                                                               
Because the number of women in the military -- and their roles in it --        
is growing, it is important to publicly recognize women as they leave          
the armed forces and serve the communities to which they return.               
                                                                               
                                                                               
Women currently constitute four percent of all veterans.  By the end           
of the next decade, women will comprise 17 percent of veterans, and            
the percent of women in the active military is projected to grow from          
its current 14 percent.  Although the history of women in the military         
is relatively recent, and they were not recruited to join the armed            
forces until World War I, some disguised themselves as men to join             
the Continental Army.  The first female officers were appointed during         
World War II.  During the Vietnam era, over a quarter of a million             
women served as military nurses or physicians, or in intelligence,             
supply, administration, and air support.                                       
                                                                               
                                                                               

2000-02-02                     House Journal                      Page 2067
HB 330                                                                       
There is a need to identify and revise policies and practices in the           
military and veterans-related agencies that were developed at a time           
when women in the service were a rarity, and to assure that women              
veterans' issues are incorporated into future planning efforts.                
Designating a specific day to conduct programs and celebrations to             
honor and remember women veterans will hasten these efforts.                   
                                                                               
In honor to our veterans, I urge your prompt and favorable action on           
this bill.                                                                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 331                                                                       
HOUSE BILL NO. 331 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to payment, allowances, and benefits of members              
of the Alaska National Guard and Alaska Naval Militia in active                
service; relating to computation of certain benefits for members of            
the Alaska State Militia; and providing for an effective date."                
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs and Finance              
Committees.                                                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Military & Veterans Affairs, 2/2/00                 
                                                                               
The Governor's transmittal letter dated February 1, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
When members of the Alaska National Guard and Alaska Naval Militia             
are called  to  active  service  for  the  state, it's  important  they  be    

2000-02-02                     House Journal                      Page 2068
HB 331                                                                       
adequately compensated for their valuable work in a timely manner.             
To that end, this bill simplifies the pay scale and system for the Alaska      
National Guard (ANG) and Alaska Naval Militia (NM).                            
                                                                               
Currently, when called to state active duty, members of the ANG and            
NM receive pay and allowances equal to those provided by federal law           
for members of equivalent grades of the United States armed forces.            
Daily minimum pay is determined by grade and years of service with             
a statutory minimum.  Allowances include food, housing, cost-of-living         
increase, and quarters and are determined based on the circumstances           
of each individual.                                                            
                                                                               
Calculating pay and allowances under the current law requires                  
obtaining information from the federal government regarding current            
pay scales and allowance amounts.  This can cause significant delays           
in payment of ANG and NM members.  It is also a labor-intensive                
system involving numerous manual calculations with an unreasonable             
chance for errors.                                                             
                                                                               
This bill simplifies the pay system for state active duty by retaining         
statutory minimum pay, disregarding years of service, and eliminating          
allowances.  Members will simply receive 200 percent of the minimum            
basic pay for a member of an equivalent grade in the active military --        
or the statutory minimum, if greater.  Simplifying the calculation will        
save administrative time and will result in members of the ANG and             
NM receiving their checks in a more timely fashion.                            
                                                                               
The bill also provides that this proposed new pay scale will be used to        
calculate workers' compensation and death benefits for the organized           
militia, which includes the Alaska State Militia as well as the ANG            
and NM.                                                                        
                                                                               
I urge your prompt and favorable action on this measure.                       
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               

2000-02-02                     House Journal                      Page 2069
HB 332                                                                       
HOUSE BILL NO. 332 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to payment, benefits, and work status of members             
in the active service of the Alaska State Militia; and providing for           
an effective date."                                                            
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs and Finance              
Committees.                                                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Military & Veterans Affairs, 2/2/00                 
                                                                               
The Governor's transmittal letter dated February 1, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
This bill I transmit today clarifies and simplifies the method for paying      
members of the Alaska State Militia when called to active service.             
Payment would be based on the state employee rate for the actual type          
of work performed.                                                             
                                                                               
Members of the Alaska State Militia, more commonly known as the                
Alaska State Defense Force, receive compensation for non-training              
activities, such as assisting in search and rescue operations and              
responding to disasters.  In the past, members were paid at levels equal       
to those of the United States armed forces, based on rank plus                 
allowances.  After recognizing the lack of statutory authority to pay the      
Defense Force in this manner, the state began to pay the members as            
state emergency, nonpermanent employees at a level equal to what an            
employee would receive for an equivalent assignment.                           
                                                                               
In addressing the question of compensation, the current system created         
some confusion in the chain of command for the Defense Force, which            
operates as a military organization under military command.  Calling           
the members to active duty and then hiring them as state employees             
puts two disciplinary structures in place  one for state employees and         

2000-02-02                     House Journal                      Page 2070
HB 332                                                                       
one for Defense Force members.  This bill clarifies that when called           
to active service, Defense Force members will be paid at a level equal         
to a state employee, but remain under the command of the Department            
of Military and Veterans Affairs.                                              
                                                                               
The bill also specifically provides that Defense Force members are not         
compensated when called to active service for training or other                
volunteer activities.                                                          
                                                                               
Finally, the bill makes corresponding amendments to the level of               
earnings for payment of workers' compensation or a death benefit in            
the event an ASM member is injured or killed while in active service.          
                                                                               
The Alaska State Defense Force provides a valuable service to our              
state.  In the interest of ensuring its members are clearly under military     
command and receiving equitable pay, I urge your prompt and                    
favorable action on this measure.                                              
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 333                                                                       
HOUSE BILL NO. 333 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the accounting for and appropriations of the              
dive fishery management assessment; and providing for an                       
effective date."                                                               
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources and Finance Committees.                         
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Fish & Game, 2/2/00                                      
                                                                               
                                                                               

2000-02-02                     House Journal                      Page 2071
HB 333                                                                       
The Governor's transmittal letter dated February 1, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I signed into law in 1997 a bill allowing fishermen to establish               
regional dive fishery associations with the ability to assess themselves       
to support management and development of their fisheries.  By 1999,            
one association had organized and begun paying its self-assessed tax           
to the state.  This bill I transmit today fulfills the bargain made with       
dive fishermen in the 1997 law -- that the state ensure the association's      
self-assessments are used to support the dive fisheries.                       
                                                                               
                                                                               
This bill requires dive fishery assessments be accounted for separately        
and classified as non-general fund revenues.  The assessment is levied         
on the value of fishery resources taken by dive gear within specified          
areas.  Current law states the assessment receipts may be appropriated         
to the Department of Fish and Game and qualified development                   
associations to fund research, stock assessment and management                 
activities.  By accounting for these funds separately and allowing them        
to be appropriated back to the program, the state will honor the               
commitment made by the dive fishermen who voted to tax themselves              
to pay for more research and management in their fishery.                      
                                                                               
                                                                               
This is an excellent example of the fishing industry being willing to          
contribute to paying the cost of commercial fisheries management and           
research and worthy of your support.                                           
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 334                                                                       
HOUSE BILL NO. 334 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               

2000-02-02                     House Journal                      Page 2072
HB 334                                                                       
"An Act relating to the establishment of and accounting for an                
administrative cost charge for the state's role in the community               
development quota program and to the appropriation of receipts                 
from the charge; and providing for an effective date."                         
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Labor & Commerce, and Finance Committees.                             
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Community & Economic Development, 2/2/00                 
                                                                               
                                                                               
The Governor's transmittal letter dated February 1, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
The community development quota (CDQ) program has created jobs                 
and expanded economic opportunity in western Alaska.  It is essential          
to this region of the state that we ensure the continuance of this federal     
fisheries resource program.  This bill I transmit today meets that             
challenge by partnering with the CDQ participants to cover the state's         
administrative cost of the program.                                            
                                                                               
Under this bill, community development groups that participate in the          
CDQ program will pay assessment fees to the state.  The proposed fee           
structure has two components.  First, each group will pay a standard,          
flat amount that will total half the state's administrative costs.  Second,    
each group will pay a variable share of the remaining administrative           
costs based upon the value of that group's fisheries quota allocation.         
                                                                               
The Department of Community and Economic Development would                     
administer the cost charge, which is added to the statutory list of            
program receipts subject to separate accounting procedures.                    
                                                                               
Participants of the CDQ program recognize their future success hinges          
on the ability of the state to continue to administer the program.  To         
that end,  the groups proposed the funding plan forwarded in this bill         
                                                                               

2000-02-02                     House Journal                      Page 2073
HB 334                                                                       
and are ready to give it their full support.  To protect this vital            
program and improve the efficiency and operation of the state's role in        
it, I urge your prompt and favorable action on this measure.                   
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 220                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 220                                                            
"An Act relating to the amendment and revocation of spouses'                  
community property agreements and community property trusts;                   
and providing for an effective date."                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT    3DP 1NR                                               1950         
	ZERO FISCAL NOTE (LAW)                                           1951         
                                                                               
Representative Kott moved and asked unanimous consent that HB 220              
be returned to the Rules Committee.  There being no objection, it was          
so ordered.                                                                    
                                                                               
HB 222                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 222                                                            
"An Act relating to the remedies available to judgment creditors              
against limited liability company members and their assignees and              
against limited partnership general and limited partners and their             
assignees; and providing for an effective date."                               
                                                                               

2000-02-02                     House Journal                      Page 2074
HB 222                                                                       
with the:                                                 Journal Page         
                                                                               
	JUD RPT    3DP 1NR                                               1951         
	ZERO FISCAL NOTE (LAW)                                           1951         
                                                                               
Representative Green moved and asked unanimous consent that                    
HB222 be considered engrossed, advanced to third reading and placed            
on final passage.                                                              
                                                                               
Representative Joule objected.                                                 
                                                                               
The Speaker stated that HB 222 will be in third reading on the                 
February 4, 2000, calendar.                                                    
**The presence of Representative Therriault was noted.                         
                                                                               
                             UNFINISHED BUSINESS                              
                                                                               
Representative Green 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 Murkowski - from 7:15 a.m., February 4 to 9:32 p.m.,            
plane time, February 6, 2000                                                   
                                                                               
Representative Halcro - from 5:00 p.m., February 4 to 9:36 a.m., plane         
time, February 7, 2000                                                         
                                                                               
Representative Joule - from 1:35 p.m., February 4 to 9:22 a.m., plane          
time, February 7, 2000                                                         
                                                                               
Representative Sanders - from noon, February 4 to 9:30 a.m., plane             
time, February 7, 2000                                                         
                                                                               
Representative Mulder - from 7:00 a.m., February 8 to 2:00 p.m., plane         
time, February 13, 2000                                                        
                                                                               
Representative Whitaker - from 7:00 p.m., February 10 to 9:32 p.m.,            
plane time, February 15, 2000 (amended from page 1996)                         
                                                                               

2000-02-02                     House Journal                      Page 2075
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Green moved and asked unanimous consent that the                
notice and publication requirements be waived and the citation,                
Honoring - Bishop Ronald D. Martinson, be taken up as a Special                
Order of Business at this time.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
Honoring - Bishop Ronald D. Martinson                                          
By Senator Tim Kelly; Representatives Porter, Austerman, Barnes,               
Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green,                      
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen,           
Kerttula, Kott, Masek, Mulder, Murkowski, Rokeberg, Smalley,                   
Williams                                                                       
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 49                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 49                                                 
Proposing an amendment to the Constitution of the State of Alaska             
to guarantee the permanent fund dividend, to provide for inflation             
proofing, and to require a vote of the people before changing the              
statutory formula for distribution that existed on January 1, 2000.            
                                                                               
HJR 51                                                                       
Representatives Whitaker, Foster, and Masek added their names as               
cosponsors to:                                                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 51                                                 
Expressing support for a cooperative United States-Canada                     
feasibility study on extending the North American rail system                  
through British Columbia and the Yukon Territory to Alaska.                    
                                                                               
HB 272                                                                       
Representative Kerttula added her name as cosponsor to:                        

2000-02-02                     House Journal                      Page 2076
HB 272                                                                       
HOUSE BILL NO. 272                                                            
"An Act relating to the tax assessment by a home rule or general              
law municipality of housing that qualifies for the low-income                  
housing credit under the Internal Revenue Code; and providing for              
an effective date."                                                            
                                                                               
HB 278                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 278                                                            
"An Act relating to privacy, to private genetic information, to the           
rights of employees related to electronic monitoring by employers,             
and to certain consumer information; and amending Rule 26,                     
Alaska Rules of Civil Procedure."                                              
                                                                               
HB 288                                                                       
Representatives Dyson and Green added their names as cosponsors to:            
                                                                               
HOUSE BILL NO. 288                                                            
"An Act relating to the creation of an aggravating factor for the             
commission of domestic violence in the physical presence of a                  
child."                                                                        
                                                                               
HB 297                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE BILL NO. 297                                                            
"An Act relating to the certificate of need program; and providing            
for an effective date."                                                        
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Republican Minority Caucus                              upon adj., 2/2         
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Judiciary Committee                                                            
1:00 p.m., 2/2 meeting CHANGED TO                       1:30 p.m., 2/2         

2000-02-02                     House Journal                      Page 2077
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., February 4, 2000.  There being no              
objection, the House adjourned at 11:12 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk