Legislature(2001 - 2002)

2002-06-24 House Journal

Full Journal pdf

2002-06-24                     House Journal                      Page 4007
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                          TWENTY-SECOND LEGISLATURE                                              
                                                                                                    
                            THIRD SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                     Monday                     June 24, 2002                       
                                                                                                    
                                  First Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to the Governor's proclamations the House was called to                                    
order by Speaker Porter at 2:09 p.m.                                                                
                                                                                                    
Roll call showed 31 members present.  Representatives Berkowitz and                                 
Green had been previously excused from a call of the House today.                                   
Representative Kookesh was absent and his presence was noted later.                                 
Representatives Moses and Whitaker were absent.                                                     
                                                                                                    
Representative James 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 Halcro - until 3:00 p.m., plane time, today                                          
                                                                                                    
Representative Harris - until 9:30 p.m., plane time, tonight                                        
                                                                                                    
Representative Kapsner - until 3:30 p.m., plane time, today                                         
                                                                                                    
Representative Meyer - from today to noon, plane time, June 25, 2002                                
                                                                                                    
The invocation was offered by Representative Hudson, Chaplain                                       
Designee.  Representative Davies moved and asked unanimous                                          
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
     Heavenly Father,                                                                               
                                                                                                    
         Once again we are here seeking Your Divine intervention in                                
        our actions this week as we meet to do the people's business.                              

2002-06-24                     House Journal                      Page 4008
      We ask that You re-instill us with a higher sense of duty, trust                             
     for each other, and ability to take timely but proper actions.                                 
                                                                                                    
      Help us to think clearly, act decisively, to get this work done.                             
        Dear Father, we ask that You provide for our safe and speedy                               
     return home.                                                                                   
                                                                                                    
        Lord, above all else, make Your light of goodness and charity                              
         shine upon this body today and throughout the deliberations                               
     of this special session.                                                                       
                                                                                                    
           We ask these things in the Name of our Lord and Savior,                                 
     Jesus Christ.  Amen.                                                                           
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative James.                                           
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the fourth and fifth legislative days of the Second Special                             
Session be approved as certified by the Chief Clerk.  There being no                                
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
The following Governor's proclamation, dated June 17, 2002, was                                     
read:                                                                                               
                                                                                                    
"Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                       
Constitution, and in the public interest, I am supplementing my                                     
proclamation of May 21, 2002 [page 3935], calling the Twenty-                                       
Second Legislature of the State of Alaska into its third special session                            
on June 24, 2002, with the following subject:                                                       
                                                                                                    
     an appropriation to provide financing for services for veterans in                             
     the Alaska Pioneers' and Veterans' Home.                                                       
                                                                                                    

2002-06-24                     House Journal                      Page 4009
This proclamation supplements my proclamation of May 21, 2002.                                      
                                                                                                    
                                  Done by,                                                         
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
An Administrative Order dated May 24, 2002, with an accompanying                                    
letter was received and is on file in the Chief Clerk's office.                                     
                                                                                                    
A Declaration of Disaster Emergency dated May 29, 2002, with an                                     
accompanying letter was received and is on file in the Chief Clerk's                                
office.                                                                                             
                                                                                                    
A Declaration of Disaster Emergency dated May 31, 2002, with an                                     
accompanying letter was received and is on file in the Chief Clerk's                                
office.  The Declaration and letter had been copied to the Finance                                  
Committee.                                                                                          
                                                                                                    
                                                                                                    
SB 161                                                                                            
The following letter, dated June 20, 2002, was received:                                            
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Under the authority of art. II, sec. 15 of the Alaska Constitution, I have                          
vetoed the following bill:                                                                          
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 161(JUD)                                                   
     (efd am H)                                                                                     
     "An Act relating to the withholding of salary of justices, judges,                             
     and magistrates; relating to prompt decisions by justices, judges,                             
     and magistrates; relating to judicial retention elections for judicial                         
     officers; and providing for an effective date."                                                
                                                                                                    
This bill would further restrict the time available to a judge to                                   
complete the judge's case work.  The method chosen by the legislature                               
to enforce the time limit effectively evades the protection from                                    
legislative interference afforded to judicial salaries by the Alaska                                
Constitution.                                                                                       

2002-06-24                     House Journal                      Page 4010
This bill would also require that election materials be prepared to                                 
advise voters when a justice or judge has exceeded the statutory time                               
limit.  This would further an unconstitutional means of exercising                                  
power over the independent judiciary and should not become a part of                                
our statutory law.                                                                                  
                                                                                                    
                                                                                                    
While I believe that it is desirable to encourage prompt judicial                                   
decisions, it is another matter to use unconstitutional means to achieve                            
that end.                                                                                           
                                                                                                    
                                                                                                    
Existing law imposes a time limit for the judiciary to complete its                                 
business.  It has worked for 40 years and should be left undisturbed.                               
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
                                                                                                    
HB 106                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN)                                                   
     "An Act relating to the authorizations for certain state financial                             
     institutions of certain powers and limitations; relating to                                    
     confidential records of depositors and customers of certain                                    
     financial institutions; relating to the examination of certain                                 
     institutions subject to AS 06; relating to the Alaska Banking Code,                            
     Mutual Savings Bank Act, Alaska Small Loans Act, and Alaska                                    
     Credit Union Act; amending Rule 45, Alaska Rules of Civil                                      
     Procedure, Rules 17 and 37, Alaska Rules of Criminal Procedure,                                
     and Rule 24, Alaska Bar Rules; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
     Chapter No. 75, SLA 2002                                                                       
     Effective Date:  See Chapter                                                                   

2002-06-24                     House Journal                      Page 4011
HB 128                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 128(FIN)                                                   
     "An Act relating to the required approval of the commissioner of                               
     labor and workforce development for the employment of certain                                  
     minors; and providing for an effective date."                                                  
                                                                                                    
     Chapter No. 76, SLA 2002                                                                       
     Effective Date:  June 21, 2002                                                                 
                                                                                                    
                                                                                                    
HB 157                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 157(JUD)                                                   
     "An Act relating to trust companies and providers of fiduciary                                 
     services; amending Rules 6 and 12, Alaska Rules of Civil                                       
     Procedure, Rule 40, Alaska Rules of Criminal Procedure, Rules                                  
     204, 403, 502, 602, and 611, Alaska Rules of Appellate                                         
     Procedure, and Rules 7.2 and 7.3, Alaska Rules of Professional                                 
     Conduct; and providing for an effective date."                                                 
                                                                                                    
     Chapter No. 77, SLA 2002                                                                       
     Effective Date:  See Chapter                                                                   
                                                                                                    
                                                                                                    
HB 162                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 162(STA)                                                          
     "An Act relating to absences from the state under the longevity                                
     bonus program."                                                                                
                                                                                                    

2002-06-24                     House Journal                      Page 4012
     Chapter No. 78, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
HB 182                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 182(L&C)                                                   
     "An Act relating to certain vehicles, including motorcycles and                                
     trailers; relating to the registration, bonding, and other regulation                          
     of motor vehicle dealers; relating to the registration and other                               
     regulation of certain motor vehicle buyers' agents; relating to acts                           
     and transactions involving vehicles, including trailers, and to the                            
     acts and practices of certain persons and entities involved in                                 
     vehicle transactions, including trailer transactions; relating to                              
     consumer protection for used vehicle buyers; amending Rule 3,                                  
     Alaska Rules of Civil Procedure; and providing for an effective                                
     date."                                                                                         
                                                                                                    
     Chapter No. 79, SLA 2002                                                                       
     Effective Date:  July 1, 2002                                                                  
                                                                                                    
HB 196                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     CS FOR HOUSE BILL NO. 196(JUD)                                                                 
     "An Act establishing a right of action for a legal separation;                                 
     requiring a report about legal separations; and amending Rule                                  
     42(a), Alaska Rules of Civil Procedure."                                                       
                                                                                                    
     Chapter No. 80, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
HB 208                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    

2002-06-24                     House Journal                      Page 4013
     CS FOR HOUSE BILL NO. 208(RES)                                                                 
     "An Act relating to aquatic farming of shellfish; and providing for                            
     an effective date."                                                                            
                                                                                                    
     Chapter No. 81, SLA 2002                                                                       
     Effective Date:  June 21, 2002                                                                 
                                                                                                    
HB 209                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 209(HES)                                                   
     "An Act directing the Department of Health and Social Services to                              
     establish a foster care transition program; relating to that program;                          
     and providing for an effective date."                                                          
                                                                                                    
     Chapter No. 82, SLA 2002                                                                       
     Effective Date:  See Chapter                                                                   
                                                                                                    
HB 243                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     CS FOR HOUSE BILL NO. 243(JUD)                                                                 
     "An Act relating to sexual assault or abuse of a minor."                                       
                                                                                                    
     Chapter No. 83, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
HB 274                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 274(L&C)                                                   
     "An Act relating to the qualification of a physician used for an                               
     employer's independent medical examination; and providing for                                  
     an effective date."                                                                            

2002-06-24                     House Journal                      Page 4014
     Chapter No. 84, SLA 2002                                                                       
     Effective Date:  July 1, 2002                                                                  
                                                                                                    
HB 374                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     HOUSE BILL NO. 374                                                                             
     "An Act naming the David Douthit Veterans' Memorial Bridge."                                   
                                                                                                    
     Chapter No. 72, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
HB 402                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 402(HES)                                                   
     "An Act relating to diversion payments, wage subsidies, cash                                   
     assistance, and self-sufficiency services provided under the Alaska                            
     temporary assistance program; relating to the food stamp program;                              
     relating to child support cases that include persons who receive                               
     cash assistance or self-sufficiency services under the Alaska                                  
     temporary assistance program; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
     Chapter No. 69, SLA 2002                                                                       
     Effective Date:  See Chapter                                                                   
                                                                                                    
HB 527                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 527(RES) am S                                                     
     "An Act relating to entry into the Minto Flats State Game Refuge                               
     for purposes of exploration and development of oil and gas                                     
     resources."                                                                                    

2002-06-24                     House Journal                      Page 4015
     Chapter No. 85, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
SB 219                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     CS FOR SENATE BILL NO. 219(FIN)                                                                
     "An Act establishing and relating to the Navigable Waters                                      
     Commission for Alaska."                                                                        
                                                                                                    
     Chapter No. 71, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
SB 222                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 222(RLS) am H                                              
     "An Act relating to certain motor vehicles that are required to                                
     yield to following traffic."                                                                   
                                                                                                    
     Chapter No. 70, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
SB 252                                                                                            
The following letter, dated June 20, 2002, was received:                                            
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
On this date I have signed the following bill passed by the second                                  
session of the Twenty-Second Alaska State Legislature and am                                        
transmitting the engrossed and enrolled copies to the Lieutenant                                    
Governor's Office for permanent filing:                                                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 252(FIN)                                                   
     "An Act renaming the Alaska Human Resource Investment                                          
     Council as the Alaska Workforce Investment Board and relating to                               

2002-06-24                     House Journal                      Page 4016
     its membership; relating to repayment on promissory notes for                                  
     work-related items paid for by grant programs; extending the                                   
     termination date of the state training and employment program;                                 
     relating to employment and training activities; and providing for                              
     an effective date."                                                                            
                                                                                                    
     Chapter No. 86, SLA 2002                                                                       
     [Effective Date:  See Chapter]                                                                 
                                                                                                    
I am signing this bill into law because the negative consequences of                                
not allowing it to become law are too high of a price to pay by denying                             
vital training opportunities through the State Training Employment                                  
Program (STEP).  However, I am greatly disturbed by this blatant                                    
tactic of holding the STEP hostage to guarantee funds for specific                                  
education programs rather than letting those programs compete openly                                
for grants under the system set up for this reason.                                                 
                                                                                                    
This is the third time the Legislature has chosen to use the Alaska                                 
Technical and Vocational Education Program account for specific                                     
grants to the University of Alaska, Kotzebue Technical Center and                                   
Alaska Vocational Technical Center and the second time for the                                      
Galena Vocational Training Center.  And this bill is promising the                                  
funds to these four entities for another three years--through 2006.                                 
                                                                                                    
The first time these grants were made, in 2000, they were presented as                              
a one-time, transitional provision until the Alaska Human Resource                                  
Investment Council was able to establish the grant program.  Rather,                                
the Legislature is making this an annual grant, attempting to bind                                  
future legislatures and totally circumventing the appropriate grant                                 
process that is now in place.                                                                       
                                                                                                    
                                                                                                    
Employers should be equally outraged at this grant process because                                  
the funds come out of the taxes they pay into the Unemployment                                      
Insurance Trust Fund. Furthermore, employers should be concerned                                    
that this statutory deferral from the UI Trust Fund of Training                                     
Vocational Education Program funds is not being used for it's stated                                
purpose, technical and vocational training, but rather for capital                                  
expenditures at selected institutions.                                                              
                                                                                                    

2002-06-24                     House Journal                      Page 4017
I hope next year's Legislature will recognize the errors of this process,                           
reverse it, and allow this program to proceed as originally designed                                
and intended.                                                                                       
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
SB 302                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 302(HES)                                                   
     "An Act defining the term 'mental health professional' for the                                 
     purpose of statutes relating to the evaluation of prisoners who may                            
     need psychological or psychiatric treatment, for the purpose of                                
     statutes relating to the evaluation of children in need of aid and                             
     delinquent minors who may need to be confined in a secure                                      
     residential psychiatric treatment center or who should be released                             
     from such a center, for the purpose of statutes requiring certain                              
     professionals to report the possibility that a vulnerable adult has                            
     been abused or neglected, and for the purpose of statutes relating                             
     to mental health civil commitments."                                                           
                                                                                                    
     Chapter No. 73, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
SB 324                                                                                            
A message dated June 20, 2002, was received stating the Governor has                                
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     CS FOR SENATE BILL NO. 324(L&C)                                                                
     "An Act providing that a utility or electric operating entity owned                            
     and operated by a political subdivision of the state competing                                 
     directly with a telecommunications utility is not subject to the                               
     Alaska Public Utilities Regulatory Act."                                                       
                                                                                                    

2002-06-24                     House Journal                      Page 4018
     Chapter No. 74, SLA 2002                                                                       
     Effective Date:  September 18, 2002                                                            
                                                                                                    
                                                                                                    
                               COMMUNICATIONS                                                    
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published June                                 
21, 2002, in House Journal Supplement No. 9.                                                        
                                                                                                    
                                                                                                    
                          INTRODUCTION OF CITATIONS                                              
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Tony Caligiuri                                                                           
By Representative Bunde                                                                             
                                                                                                    
Honoring - Kathie Lynn Cook                                                                         
By Senator Wilken                                                                                   
                                                                                                    
Honoring - The 2002 Juneau Douglas High School Crimson Bears                                        
Softball Team                                                                                       
By Senator Elton; Representatives Kerttula, Hudson                                                  
                                                                                                    
Honoring - The 2002 Juneau Douglas High School Crimson Bears                                        
Baseball Team                                                                                       
By Senator Elton; Representatives Kerttula, Hudson                                                  
                                                                                                    
Honoring - Avalanche Awareness Advocacy                                                             
By Senator Green                                                                                    
                                                                                                    
In Memoriam - Juan Manuel Cutino MacFarlane                                                         
By Senator Elton; Representatives Kerttula, Hudson                                                  
                                                                                                    
In Memoriam - Mary Lou Briggs                                                                       
By Senators Phillips, Halford; Representative Dyson                                                 
                                                                                                    
In Memoriam - Harvey C. Baskin                                                                      
By Senators Green, Halford; Representative Ogan                                                     

2002-06-24                     House Journal                      Page 4019
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 3001                                                                                           
HOUSE BILL NO. 3001 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 June 24, 2002, follows:                                     
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting a bill that extends the life of the Regulatory                                    
Commission of Alaska to avoid its termination of that agency on June                                
30 of this year.  The bill also includes provisions, developed with                                 
industry input, that set deadlines for commission actions and clarify its                           
authority to accept stipulations from parties to commission                                         
proceedings.                                                                                        
                                                                                                    
It is important to pass this bill before the commission's termination                               
date.  The commission regulates utilities in the state and regulates                                
pipelines to the extent of their intrastate operations.  The commission's                           
role is essential to consumers in the state as well as to the regulated                             
entities.                                                                                           
                                                                                                    
Failure to extend the commission this session will significantly                                    
interfere with its work.  Though there is a "wind down" year, the                                   
commission will have to redirect its time and energy to plan for                                    
closing shop.  The commission may not be able to take on new filings                                

2002-06-24                     House Journal                      Page 4020
or applications, or even complete currently filed ones.  Failure to                                 
extend the agency leaves the regulated entities as well as consumers in                             
a state of confusion and uncertainty.                                                               
                                                                                                    
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
                                                                                                    
HB 3002                                                                                           
HOUSE BILL NO. 3002 by the House Rules Committee by request of                                      
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making appropriations to the Department of                                             
     Administration, division of Alaska longevity programs, to enable                               
     the division to make available additional beds in the Alaska                                   
     Pioneers' and Veterans' Home; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated June 24, 2002, follows:                                     
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting a bill making fiscal year 2003 appropriations                                     
necessary to fill approximately 100 currently empty beds in our six                                 
Alaska Pioneers' Homes and provide critical services to Alaskans,                                   
including Alaska veterans.                                                                          
                                                                                                    
Through the combination of general funds and program receipts in this                               
bill we can provide affordable care for Alaska's veterans and other                                 
seniors. Recent passage of legislation to establish the Alaska Pioneer's                            
and Veteran's Homes System sets the stage to fully utilize the facilities                           
in Anchorage, Fairbanks, Palmer, Juneau, Ketchikan, and Sitka.                                      

2002-06-24                     House Journal                      Page 4021
I urge prompt and favorable action on this measure.                                                 
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"                                                        
                                                                                                    
                             UNFINISHED BUSINESS                                                 
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Rokeberg be excused from a call of the House June 25,                                
2002.  There being no objection, it was so ordered.                                                 
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
                         ENGROSSMENT AND ENROLLMENT                                              
                                                                                                    
HB 404                                                                                            
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, President and Secretary of the Senate, and the engrossed                               
and enrolled copies were transmitted to the Office of the Governor at                               
1:29 p.m., June 24, 2002:                                                                           
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 404                                                           
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
The following letter, dated June 24, 2002, from Senator Donley,                                     
Conference Committee Chair, Representative Mulder, Vice Chair, to                                   
Ms. Caren Robinson, Chair, Alaska Mental Health Trust Authority                                     
was also transmitted to the Office of the Governor:                                                 
                                                                                                    
"Dear Ms. Robinson:                                                                                 
                                                                                                    
In accordance with AS 37.14.005(c), this letter explains the changes                                
made to the Governor's Amended comprehensive FY 03 mental health                                    
and developmental disabilities services budget proposal as approved                                 
by the Legislature in CCS HB 404.                                                                   
                                                                                                    

2002-06-24                     House Journal                      Page 4022
We appreciate the good working relationship that has been established                               
between the Trust and the Legislature. It enabled us to address many                                
issues in creative and efficient ways that would not otherwise be                                   
possible.                                                                                           
                                                                                                    
As you are aware, the total state FY 03 general fund budget was                                     
reduced relative to FY 02.  The legislature's FY 03 general                                         
fund/mental health appropriation of $130,399,900 is approximately $3                                
million less than FY 02.  However, $3.6 million in general                                          
fund/mental health funds were replaced with new alcohol tax revenues                                
and $586,000 was reappropriated to Pioneer Homes, thus the total                                    
funding for these programs is above the FY 02 level while the total                                 
state general fund budget was reduced.  MHTAAR funds appropriated                                   
for operations and capital were less than the FY 02 level as available                              
investment income earnings were reduced. The total comprehensive                                    
program as approved by the legislature is $140,624,600 (plus the $3.6                               
million new alcohol tax revenue and $586,000 reappropriation to the                                 
Pioneer's Homes).                                                                                   
                                                                                                    
Program Changes - Operating                                                                         
                                                                                                    
                                                                                                    
Department of Administration                                                                      
Longevity Programs Management                                                                       
The FY 03 GF/Mental Health appropriation to Pioneers Homes was                                      
reduced by $234,100 from the Governor's amended budget request.                                     
$586,000 was reappropriated from the FY 02 Longevity Bonus                                          
appropriation to Pioneer Homes which more than offsets the                                          
GF/Mental Health reduction.                                                                         
                                                                                                    
Senior Services                                                                                     
The FY 03 GF/Mental Health appropriation to Senior Services was                                     
reduced by $3,600 from the Governor's amended budget request.                                       
                                                                                                    
                                                                                                    
Legal and Advocacy Services                                                                         
The FY 03 GF/Mental Health appropriation to Legal and Advocacy                                      
Services was reduced by $23,600 from the Governor's amended                                         
budget request.                                                                                     
                                                                                                    

2002-06-24                     House Journal                      Page 4023
Department of Corrections                                                                         
The GF/Mental Health funding for the Department of Corrections is                                   
unchanged from the Governor's amended budget request.                                               
                                                                                                    
Department of Education and Early Development                                                     
The GF/Mental Health funding in the Department of Education and                                     
Early Development was reduced by $700 from the Governor's                                           
amended budget request as part of an agency-wide unallocated budget                                 
reduction.                                                                                          
                                                                                                    
Department of Health and Social Services                                                          
Commissioner's Office                                                                               
The GF/Mental Health funding for the Commissioner's Office is                                       
reduced by $8,200 from the Governor's amended budget request.                                       
                                                                                                    
Purchased Services, Residential Child Care                                                          
The GF/Mental Health funding for Residential Child Care is reduced                                  
by $50,000 from the Governor's amended budget request.  Funding for                                 
Residential Child Care is largely refinanced through Medicaid in the                                
FY 03 budget.                                                                                       
                                                                                                    
State Health Services                                                                               
The GF/Mental Health funding for the Maternal, Child and Family                                     
Health is reduced by $4,000 from the Governor's amended budget                                      
request.  The GF/Mental Health funding for Community Health Grants                                  
is increased by $98,300 from the Governor's amended budget request.                                 
The GF/Mental Health funding for the Infant Learning program is                                     
reduced by $550,000 from the Governor's amended budget request, the                                 
Department of Health and Social Services indicated in budget impact                                 
statements that if the Infant Learning Program was changed to a needs                               
based program that savings up to $1 million could be achieved.  This                                
reduction was made with the direction that the program be operated as                               
a needs based program.                                                                              
                                                                                                    
Alcohol and Drug Abuse Grants                                                                       
A total reduction of $4,864,100 in GF/Mental Health funding was                                     
taken by the Legislature relative to the Governor's amended budget                                  
request in this component.   The Legislature replaced $3.6 million of                               
this GF/Mental Health funding with new alcohol tax revenues.                                        
                                                                                                    

2002-06-24                     House Journal                      Page 4024
Community Mental Health Grants                                                                      
Psychiatric Emergency Services GF/Mental Health Funding was                                         
reduced by $195,800, Services to the Chronically Mentally Ill by                                    
$369,700, Designated Evaluation and Treatment by $34,400 and                                        
Services to Seriously Emotionally Disturbed Youth by $186,600                                       
relative to the Governor's amended budget request.  These reductions                                
reflect increased use of Medicaid and direct federal grants to providers                            
for the provision of these services.                                                                
                                                                                                    
Institutions and Administration                                                                     
The Legislature denied an increment of $425,600 to the Mental                                       
Health/Developmental Disabilities Administration.  The Legislature                                  
approved an increment of $1,843,600 GF/Mental Health to the Alaska                                  
Psychiatric Institute to replace lost federal funding this was $7,300                               
less than requested by the Governor.                                                                
                                                                                                    
Mental Health Trust Boards                                                                          
The Legislature funded the Mental Health Trust Boards at the level                                  
2.3% ($34,300) below that requested by the Governor. We believe the                                 
board should use MHTAAR funds for its activities as those funds                                     
become available.                                                                                   
                                                                                                    
                                                                                                    
Program Changes - Capital                                                                           
                                                                                                    
Alaska Psychiatric Institute Stop - Gap Repairs                                                     
The stop gap repairs for API were reduced in consultation with the                                  
Trust as a result of the passage of HB 76 in 2001 which will replace                                
the current facility.                                                                               
                                                                                                    
Deferred Maintenance of Rural Facilities for Substance Abuse or                                     
Substance Abuse/Mental Health Programs                                                              
The GF/Mental Health appropriation was reduced from $400,000 to                                     
$200,000.                                                                                           
                                                                                                    
Rural Facility Renovation and Deferred Maintenance                                                  
The GF/Mental Health appropriation was reduced from $400,000 to                                     
$200,000.                                                                                           
                                                                                                    
                                                                                                    

2002-06-24                     House Journal                      Page 4025
Department of Health and Social Services                                                          
As was done for FY 02, the grants for public health services, alcohol                               
and drug abuse services, developmental disability services, mental                                  
health services, and community health were moved to a single                                        
appropriation rather than designated grants in separate appropriations.                             
The legislature believes that this will allow better management of the                              
grants and open the opportunity for innovative proposals. The amount                                
of grant funding available for these services remains at the level                                  
requested by the governor.                                                                          
                                                                                                    
Enclosed is a copy of component summaries provided by the                                           
Legislative Finance Division identifying each of the referenced                                     
adjustments by agency, budget request unit and component.                                           
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Senator David Donley                                               
                                 Conference Committee Chair                                         
                                                                                                    
                                 /s/                                                                
                                 Representative Eldon Mulder                                        
                                 Conference Committee Vice-Chair                                    
                                                                                                    
Enclosures"                                                                                         
                                                                                                    
                                 ENROLLMENT                                                      
                                                                                                    
HB 286                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:29 p.m.,                                 
June 24, 2002:                                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 286(RES)                                                   
     "An Act allowing a person to hold two commercial fishing entry                                 
     permits for a salmon fishery for the purpose of consolidating the                              
     fishing fleet for a salmon fishery; relating to salmon fishery                                 
     associations and to salmon fishery assessments; and providing for                              
     an effective date."                                                                            
                                                                                                    

2002-06-24                     House Journal                      Page 4026
HB 288                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:29 p.m.,                                 
June 24, 2002:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 288(FIN) am                                                              
     "An Act relating to commercial fishing limited entry permit buy-                               
     back programs, to a permit buy-back assessment, and to voluntary                               
     relinquishment of commercial fishing permits; and defining                                     
     'optimum number.'"                                                                             
                                                                                                    
HB 390                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:29 p.m.,                                 
June 24, 2002:                                                                                      
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 390(RLS)                                                          
     "An Act delaying the repeal of the salmon marketing tax;                                       
     expanding the allowable use of that tax for the salmon marketing                               
     programs of the Alaska Seafood Marketing Institute; relating to                                
     the Alaska Seafood Marketing Institute's salmon marketing                                      
     committee; and providing for an effective date."                                               
                                                                                                    
                                ANNOUNCEMENTS                                                    
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                 ADJOURNMENT                                                     
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 10:00 a.m., June 25, 2002.  There being no                                      
objection, the House adjourned at 2:31 p.m.                                                         
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk