Legislature(2003 - 2004)

2003-02-19 House Journal

Full Journal pdf

2003-02-19                     House Journal                      Page 0235
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                 TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                   Wednesday             February 19, 2003                          
                                                                                                    
                               Thirtieth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:07 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representatives Heinze and                                    
Stevens had been previously excused from a call of the House today.                                 
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Masek be excused from a call of the House today.                                     
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Bishop Ron Martinson of                                 
the Alaska Synod of the Evangelical Lutheran Church in America.                                     
Representative Fate moved and asked unanimous consent that the                                      
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
                                                                                                    
     I invite you to join with me in prayer.                                                        
                                                                                                    
     Good and gracious God,                                                                         
                                                                                                    
     We come before You in prayer this morning asking for Your                                      
     blessing to rest upon all of us as we seek to carry out the                                    
     responsibilities of our elected offices or the duties of our                                   
     position.  May each of us find sufficient satisfaction through                                 
     what we do to continue serving with a sense of fulfillment.                                    
                                                                                                    

2003-02-19                     House Journal                      Page 0236
     In this world where war seems so near we dare to ask for                                       
     peace -- peace for ourselves, our state, our nation, and our                                   
     world.  Give to the leaders of all nations the desire for peace,                               
     the wisdom to seek the ways of peace, and the resolve to bring                                 
     about a just peace for all people.  Help us not to give up on                                  
     the possibility of peace even as words of war flow from our                                    
     newspapers and television sets.  Let peace come, O Lord, and                                   
     let it begin with us.                                                                          
                                                                                                    
                                                                                                    
     In a world where poverty touches so many we would ask that                                     
     we may have minds that are set on solutions for the poor,                                      
     hearts that flow with generosity to aid the poor, and backs that                               
     are willing to bear the burdens of the poor.  We ask that You                                  
     would be with the poor of our communities, state, nation, and                                  
     world that they might not be overlooked or forgotten, but that                                 
     we might do our best to be just and humane in all our dealings                                 
     and decisions which deal with the poor, the homeless, the                                      
     hungry, and the powerless.                                                                     
                                                                                                    
                                                                                                    
     Give us the courage to do what is right, just, and fair even                                   
     though it may not be popular or politically correct.                                           
                                                                                                    
                                                                                                    
     For I ask this through the Name of the one whom I serve,                                       
     Jesus Christ.                                                                                  
                                                                                                    
                                                                                                    
     Amen.                                                                                          
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Gruenberg.                                       
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 29th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          

2003-02-19                     House Journal                      Page 0237
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
A letter dated February 19, 2003, was read stating that, in accordance                              
with Article III, section 25 of the Alaska Constitution, the Governor                               
submits the following names for legislative confirmation of                                         
appointment to the positions set out below.                                                         
                                                                                                    
                                                                                                    
The following appointments were referred to the State Affairs                                       
Committee:                                                                                          
                                                                                                    
Commissioner - Department of Administration                                                       
Mike Miller                                                                                         
  Appointed: 02/01/2003                                                                             
                                                                                                    
Commissioner - Department of Public Safety                                                        
Bill Tandeske                                                                                       
  Appointed: 02/03/2003                                                                             
                                                                                                    
                                                                                                    
The following appointment was referred to the Transportation                                        
Committee:                                                                                          
                                                                                                    
Commissioner - Department of Transportation and Public                                            
Facilities                                                                                        
 Mike Barton                                                                                        
  Appointed: 02/18/2003                                                                             
                                                                                                    
                                                                                                    
The letter further stated that, in accordance with AS 39.05.080, the                                
Governor submits the following names for legislative confirmation of                                
appointment to the boards and commissions set out below.                                            
                                                                                                    
                                                                                                    
The following appointment was referred to the Finance Committee:                                    
                                                                                                    
Alaska Mental Health Trust Authority Board of Trustees                                            
John F. Malone - Bethel                                                                             
  Appointed: 03/03/1995 Reappointed: 07/18/2002                                                     
  Term Expires: 03/01/2007                                                                          

2003-02-19                     House Journal                      Page 0238
The following appointments were referred to the Health, Education &                                 
Social Services Committee:                                                                          
                                                                                                    
Board of Education and Early Development                                                          
 Esther Cox - Anchorage                                                                             
  Appointed: 02/13/2003  Term Expires: 03/01/2005                                                   
                                                                                                    
 Patsy DeWitt - Juneau                                                                              
  Appointed: 02/13/2003  Term Expires: 03/01/2007                                                   
                                                                                                    
                                                                                                    
Professional Teaching Practices Commission                                                        
 Craig Baker - Kodiak                                                                               
  Appointed: 02/19/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Vivian L. Dailey - Fairbanks                                                                       
  Appointed: 02/19/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Kimberly Jockusch - Anchorage                                                                      
  Appointed: 02/19/2003 Term Expires: 03/01/2004                                                    
                                                                                                    
 Lawrence Lee Oldaker - Auke Bay                                                                    
  Appointed: 01/28/2000 Reappointed: 11/26/2002                                                     
  Term Expires: 03/01/2005                                                                          
                                                                                                    
                                                                                                    
The following appointments were referred to the Judiciary Committee:                                
                                                                                                    
Judicial Council                                                                                  
 Bill Gordon - Fairbanks                                                                            
  Appointed: 05/18/2003 Term Expires: 05/18/2009                                                    
                                                                                                    
                                                                                                    
Violent Crimes Compensation Board                                                                 
 LeRoy Barker - Anchorage                                                                           
  Appointed: 02/19/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Gerad G. Godfrey - Valdez                                                                          
  Appointed: 02/19/2003 Term Expires: 03/01/2004                                                    
                                                                                                    

2003-02-19                     House Journal                      Page 0239
The following appointments were referred to the Labor & Commerce                                    
Committee:                                                                                          
                                                                                                    
Alaska State Board of Public Accountancy                                                          
 Dan F. Kennedy - Wasilla                                                                           
  Appointed: 04/25/2003  Term Expires: 04/25/2007                                                   
                                                                                                    
 Laura Welles - Kenai                                                                               
  Appointed: 04/25/2003 Term Expires: 04/25/2007                                                    
                                                                                                    
Alcoholic Beverage Control Board                                                                  
 Michael W. Gordon - Anchorage                                                                      
  Appointed: 02/19/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
                                                                                                    
State Board of Registration for Architects, Engineers, and Land                                   
Surveyors                                                                                         
 Robert E. Gilfilian - Anchorage                                                                    
  Appointed: 03/01/2003 Term Expires: 06/30/2006                                                    
                                                                                                    
 Kimberly Mills - Homer                                                                             
  Appointed: 02/12/2003 Term Expires: 06/30/2006                                                    
                                                                                                    
Board of Barbers and Hairdressers                                                                 
 Diana L. Straub - Wasilla                                                                          
  Appointed: 02/19/2003 Term Expires: 03/01/2006                                                    
                                                                                                    
                                                                                                    
Board of Chiropractic Examiners                                                                   
 Sean C. Siegel - Anchorage                                                                         
  Appointed: 11/16/1998 Reappointed: 08/12/2002                                                     
  Term Expires: 03/01/2006                                                                          
                                                                                                    
Board of Dental Examiners                                                                         
 Dr. David L. Eichler - North Pole                                                                  
  Appointed: 03/01/2003 Term Expires: 03/01/2007                                                    
                                                                                                    
 Dr. Robert E. Warren - Anchorage                                                                   
  Appointed: 03/01/2003 Term Expires: 03/01/2007                                                    
                                                                                                    

2003-02-19                     House Journal                      Page 0240
Board of Dispensing Opticians                                                                     
 Roberta Rawcliffe - Wasilla                                                                        
  Appointed: 02/19/1999 Reappointed: 07/18/2002                                                     
  Term Expires: 06/14/2006                                                                          
                                                                                                    
                                                                                                    
Board of Marine Pilots                                                                            
 Captain David A. Anderson - Ketchikan                                                              
  Appointed: 07/18/2002 Term Expires: 03/01/2005                                                    
                                                                                                    
 Robert J. Arts - Anchorage                                                                         
  Appointed: 10/31/2002  Term Expires: 03/01/2004                                                   
                                                                                                    
 Les Cronk - Ketchikan                                                                              
  Appointed: 10/31/2002  Term Expires: 03/01/2006                                                   
                                                                                                    
                                                                                                    
State Medical Board                                                                               
 Dr. G. Bert Flaming - Glennallen                                                                   
  Appointed: 02/12/2003 Term Expires: 01/12/2004                                                    
                                                                                                    
 Debra I. Joslin - Delta Junction                                                                   
  Appointed: 02/12/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Dr. John Troxel - Anchorage                                                                        
  Appointed: 02/12/2003 Term Expires: 04/21/2006                                                    
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
 Mila Cosgrove - Juneau                                                                             
  Appointed: 11/20/2002 Term Expires: 03/01/2006                                                    
                                                                                                    
                                                                                                    
Board of Examiners in Optometry                                                                   
 Thomas N. Carter - Fairbanks                                                                       
  Appointed: 12/11/1998 Reappointed: 07/18/2002                                                     
  Term Expires: 03/01/2006                                                                          
                                                                                                    
 Dr. John C. Cobbett - North Pole                                                                   
  Appointed: 09/11/1998 Reappointed: 07/18/2002                                                     
  Term Expires: 03/01/2006                                                                          

2003-02-19                     House Journal                      Page 0241
State Physical Therapy and Occupational Therapy Board                                             
 Mary Ann Paul - Eagle River                                                                        
  Appointed: 11/22/2002 Term Expires: 09/01/2006                                                    
                                                                                                    
                                                                                                    
Board of Professional Counselors                                                                  
 Stephanie I. Friese - Anchorage                                                                    
  Appointed: 02/19/2003 Term Expires: 03/01/2006                                                    
                                                                                                    
 Anne L. Henry - Juneau                                                                             
  Appointed: 11/16/1998 Reappointed: 08/28/2002                                                     
  Term Expires: 03/01/2006                                                                          
                                                                                                    
                                                                                                    
Board of Certified Real Estate Appraisers                                                         
 Steve MacSwain - Anchorage                                                                         
  Appointed: 02/19/2003 Term Expires: 06/30/2006                                                    
                                                                                                    
                                                                                                    
Board of Veterinary Examiners                                                                     
 Dr. Timothy L. Bowser - Soldotna                                                                   
  Appointed: 02/19/2003 Term Expires: 03/01/2004                                                    
                                                                                                    
 Dr. James L. Morris - Wasilla                                                                      
  Appointed: 01/02/1997 Reappointed: 11/26/2002                                                     
  Term Expires: 03/01/2004                                                                          
                                                                                                    
                                                                                                    
Workers Compensation Board                                                                        
 Sally Ann Carey - Anchorage                                                                        
  Appointed: 10/31/2002 Term Expires: 03/01/2005                                                    
                                                                                                    
 Curtis Hall - Anchorage                                                                            
  Appointed: 03/01/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Royce R. Rock - Anchorage                                                                          
  Appointed: 02/19/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Dale R. Walaszek - Kasilof                                                                         
  Appointed: 03/01/2003 Term Expires: 03/01/2006                                                    

2003-02-19                     House Journal                      Page 0242
The following appointments were referred to the Resources                                           
Committee:                                                                                          
                                                                                                    
                                                                                                    
Oil and Gas Conservation Commission                                                               
 Sarah H. Palin - Wasilla                                                                           
  Appointed: 02/19/2003 Term Expires: 12/31/2008                                                    
                                                                                                    
 Randy Ruedrich - Anchorage                                                                         
  Appointed: 02/19/2003 Term Expires: 12/31/2006                                                    
                                                                                                    
The following appointments were referred to the State Affairs                                       
Committee:                                                                                          
                                                                                                    
                                                                                                    
State Commission for Human Rights                                                                 
 Lester Lunceford - Whittier                                                                        
  Appointed: 02/19/2003  Term Expires: 03/01/2005                                                   
                                                                                                    
 Grace Merkes - Sterling                                                                            
  Appointed: 02/19/2003 Reappointed: 03/01/2003                                                     
  Term Expires: 03/01/2008                                                                          
                                                                                                    
 Robert B. Sawyer Jr. - Fairbanks                                                                   
  Appointed: 02/19/2003  Term Expires: 01/31/2008                                                   
                                                                                                    
                                                                                                    
Personnel Board                                                                                   
 Paulette M. Simpson - Juneau                                                                       
  Appointed: 02/11/2003 Term Expires: 03/20/2008                                                    
                                                                                                    
                                                                                                    
Alaska Public Offices Commission                                                                  
 Larry D. Wood - Anchorage                                                                          
  Appointed: 08/20/2002 Reappointed: 03/01/2003                                                     
  Term Expires: 03/01/2008                                                                          
                                                                                                    
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    

2003-02-19                     House Journal                      Page 0243
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
A message dated February 18, 2003, was read stating the Senate has                                  
accepted the House invitation to meet in joint session at 11:00 a.m.,                               
March 31, 2003, to hear an address by U. S. Senator Ted Stevens.                                    
                                                                                                    
                               COMMUNICATIONS                                                    
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Community & Economic Development                                                           
Alaska Local Boundary Commission                                                                    
Unorganized Areas of Alaska that Meet                                                               
Borough Incorporation Standards                                                                     
February 2003                                                                                       
(as required by Chapter No. 53, SLA 2002)                                                           
                                                                                                    
Dept. of Education & Early Development                                                              
Office of the Commissioner                                                                          
Annual Report on Progress Toward                                                                    
High Academic Performance                                                                           
February 15, 2003                                                                                   
(as required by AS 14.03.078)                                                                       
                                                                                                    
Alaska Judicial Council                                                                             
Twenty-First Report:  2001-2002 to the                                                              
Legislature and Supreme Court                                                                       
January 2003                                                                                        
(as required by Article IV, Section 9, Alaska Constitution)                                         
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HB 14                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 14                                                                              
     "An Act relating to an absence from the state while providing care                             
     for a terminally ill grandparent for purposes of determining                                   
     eligibility for a permanent fund dividend; and providing for an                                
     effective date."                                                                               

2003-02-19                     House Journal                      Page 0244
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Lynn, Dahlstrom, Weyhrauch                                                            
                                                                                                    
Amend (3):  Gruenberg, Seaton, Berkowitz                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 14 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HB 20                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 20                                                                              
     "An Act relating to reemployment of and benefits for retired                                   
     teachers and principals, including those who participated in                                   
     retirement incentive programs, and to the employment as teachers                               
     of members of the public employees' retirement system who                                      
     participated in a retirement incentive program; and providing for                              
     an effective date."                                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 20(STA)                                                                  
     "An Act relating to reemployment of and benefits for retired                                   
     teachers or employees, including those who participated in                                     
     retirement incentive programs, and to the employment as teachers                               
     of members of the public employees' retirement system who                                      
     participated in a retirement incentive program; and providing for                              
     an effective date."                                                                            
                                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gruenberg, Lynn, Dahlstrom                                                            

2003-02-19                     House Journal                      Page 0245
No recommendation (3):  Seaton, Berkowitz, Weyhrauch                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 20(STA):                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 20 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
HCR 6                                                                                             
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 6                                                              
     Extending the termination date of the Joint Legislative Salmon                                 
     Industry Task Force until 2005.                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
               CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH)                                       
     Relating to the continuation of the Joint Legislative Salmon                                   
     Industry Task Force until 2004.                                                                
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Berkowitz, Guttenberg, Kott, Samuels, Wilson, Seaton                                  
                                                                                                    
The following fiscal note(s) apply to CSHCR 6(FSH):                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 6 was referred to the Finance Committee and later waived.                                       
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            

2003-02-19                     House Journal                      Page 0246
Honoring - Dean Larson, Retirement from the WCHL Anchorage                                          
Aces                                                                                                
By Representative McGuire                                                                           
                                                                                                    
In Memoriam - Sara Elaine Atwood                                                                    
By Senator Stevens; Representative Heinze                                                           
                                                                                                    
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                            OF HOUSE RESOLUTIONS                                                 
                                                                                                    
HCR 8                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 8 by Representatives                                                
Kapsner, Meyer, Cissna, Heinze, and Kerttula:                                                       
                                                                                                    
     Requesting the Governor to declare March 16 - 22, 2003, to be                                  
     Inhalants and Poisons Awareness Week.                                                          
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 28                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28 by                                                         
Representatives KOHRING and ROKEBERG, entitled:                                                     
                                                                                                    
     "An Act relating to adjustments to royalty reserved to the state to                            
     encourage otherwise uneconomic production of oil and gas; and                                  
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
                                                                                                    
HB 30                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 30 by                                                         
Representatives Stevens and Wilson, entitled:                                                       

2003-02-19                     House Journal                      Page 0247
     "An Act relating to the Alaska teacher recruitment loan repayment                              
     program; and providing for an effective date."                                                 
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following Governor's bill is out of numerical sequence because                                  
the number was preassigned.                                                                         
                                                                                                    
HB 100                                                                                            
HOUSE BILL NO. 100 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making supplemental and other appropriations; amending                                 
     appropriations; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Governor's transmittal letter dated February 18, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Today I am transmitting two supplemental appropriation bills for                                    
Fiscal Year 2003.  This bill is sometimes referred to as the 'fast track'                           
supplemental bill because it includes items that have particularly tight                            
time requirements that are not accommodated by the usual passage of                                 
supplemental appropriations later in the spring.                                                    
                                                                                                    
As you know, the Legislature's staff estimated the expected                                         
supplemental would total $140 million.  The two bills we are                                        
submitting total $63.3 million. Our goal was to include general fund                                
supported requests for circumstances that were not within                                           
management's control, such as disasters, caseload growth in formula-                                
driven programs, and increased fuel costs.                                                          
                                                                                                    
We are also requesting Federal funds of $19.8 million to begin three                                
urgently needed highway projects sooner than waiting for the Fiscal                                 
Year 2004 capital budget.  Two of the fast track supplemental requests                              

2003-02-19                     House Journal                      Page 0248
are due to programs that were short-funded in last year's budget:                                   
subsidized adoptions and foster care special needs. The subsidized                                  
adoption program was funded $2 million less than the department's                                   
projection.  It now appears that a total of $2.8 million more will be                               
needed this year to meet state obligations to parents who have adopted                              
children with special needs.  The foster care special needs program                                 
was short-funded $445,300, while now, due to additional caseload                                    
growth, a total of $615,300 is required.                                                            
                                                                                                    
I request that you put this bill on a 'fast track' for final action in early                        
March.                                                                                              
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 108                                                                                            
HOUSE BILL NO. 108 by Representative Foster, entitled:                                              
                                                                                                    
     "An Act relating to establishing a screening, tracking, and                                    
     intervention program related to the hearing ability of newborns                                
     and infants; providing an exemption to licensure as an audiologist                             
     for certain persons performing hearing screening tests; relating to                            
     insurance coverage for newborn and infant hearing screening; and                               
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 109                                                                                            
HOUSE BILL NO. 109 by the House State Affairs Committee,                                            
entitled:                                                                                           
                                                                                                    
     "An Act relating to the limitation on payment of state treasury                                
     warrants; and providing for an effective date."                                                
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         

2003-02-19                     House Journal                      Page 0249
HB 110                                                                                            
HOUSE BILL NO. 110 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act making supplemental and other appropriations; amending                                 
     appropriations; making appropriations to capitalize funds; and                                 
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Governor's transmittal letter dated February 18, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
I am transmitting to you today two supplemental appropriation bills                                 
for Fiscal Year 2003.  Issues requiring attention on an expedited basis                             
are in a separate 'fast track' bill.  This bill includes supplemental needs                         
with less immediate timing requirements.                                                            
                                                                                                    
Initial projections by the Legislature were that the Administration                                 
would be requesting a $140 million general fund supplemental                                        
package. In contrast, we are submitting a combined package (both 'fast                              
track' and regular) that totals $63.3 million in general funds.  This is a                          
result of our Administration's commitment to doing all we can to                                    
manage programs within the budget approved by the Legislature.                                      
                                                                                                    
As you may recall, some of the supplemental requests are the result of                              
legislative decisions made last session in which low case formula                                   
projections were reduced and some programs, such as the Office of                                   
Public Advocacy and Public Defender Agency were not funded for a                                    
full year.                                                                                          
                                                                                                    
In some instances, we have been able to cover shortfalls in one area by                             
excess appropriations in another. For instance, based on current                                    
estimates of general funds needed for the foundation formula, $6.7                                  
million can be transferred to cover other supplemental needs.  The                                  
general fund capitalization of the debt retirement fund may also be                                 
reduced for two reasons: 1) the amount available for school debt                                    
reimbursement from the public school fund is higher than anticipated,                               
and 2) the actual amount of school debt reimbursement is lower than                                 
anticipated.                                                                                        

2003-02-19                     House Journal                      Page 0250
The Administration's goal is to limit future supplemental requests to                               
circumstances that were unanticipated and not within management's                                   
control.  To that end, we look forward to working with you on the                                   
funding levels for the Fiscal Year 2004 operating budget.                                           
                                                                                                    
                                 Sincerely,                                                        
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 111                                                                                            
HOUSE BILL NO. 111 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act extending the termination date of the Regulatory                                       
     Commission of Alaska; and providing for an effective date."                                    
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 18, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would extend the life of the Regulatory                                    
Commission of Alaska (RCA) to avoid its termination on June 30,                                     
2003.  The bill also includes a provision for an immediate effective                                
date.                                                                                               
                                                                                                    
It is important to pass this bill before the RCA's termination date.  The                           
RCA regulates utilities statewide and intrastate pipelines.  The                                    
continued operation of the RCA is essential to ensure that Alaskan                                  
consumers have reliable and affordable utility services and to assure a                             
stable business environment for utilities and pipelines.                                            

2003-02-19                     House Journal                      Page 0251
Failure to extend the commission this session would significantly                                   
interfere with its work.  Though the sunset Act provides for a  'wind                               
down' year, the commission would have to redirect its time and energy                               
to plan for closing its operations.  Failure to extend the RCA would                                
leave the regulated utilities as well as consumers in a state of                                    
confusion and uncertainty.                                                                          
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 112                                                                                            
HOUSE BILL NO. 112 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the authority of the Alaska Industrial                                     
     Development and Export Authority to issue bonds; and providing                                 
     for an effective date."                                                                        
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
The Governor's transmittal letter dated February 18, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would extend the sunset on the Alaska                                      
Industrial Development and Export Authority's (Authority) bonding                                   
authorization until July 1, 2007.                                                                   
                                                                                                    
The bill would extend the Authority's bonding authorization for                                     
development projects of $10,000,000 or less.  The Authority's general                               
bonding authorization will expire June  30, 2003, unless extended.                                  

2003-02-19                     House Journal                      Page 0252
Allowing that authorization to expire would severely restrict the                                   
Authority's ability to assist in key development projects.                                          
                                                                                                    
In a time of dwindling state resources, this bill would further the                                 
Authority's mission to forge public-private partnerships that can                                   
strengthen the state's economic base.                                                               
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 113                                                                                            
HOUSE BILL NO. 113 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act extending the renewal period for oil discharge prevention                              
     and contingency plans; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 18, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill extending the renewal period for oil discharge                                  
prevention and contingency plans under AS 46.04.030 and 46.04.055                                   
from three years to five years.                                                                     
                                                                                                    
AS 46.04.030 requires that all operators of oil terminals, pipelines,                               
exploration or production facilities, tank vessels, and oil barges have                             

2003-02-19                     House Journal                      Page 0253
an approved oil discharge prevention and contingency plan in order to                               
operate.  AS 46.04.055 requires that operators of nontank vessels over                              
400 gross tons and railroad tank cars transporting oil also have an                                 
approved oil discharge prevention and contingency plan.  Current law                                
requires that these contingency plans be renewed every three years.                                 
                                                                                                    
In contrast, federal oil spill response plans are reviewed and renewed                              
every five years.  However, there is no requirement that state                                      
contingency plans match the federal renewal cycle.                                                  
                                                                                                    
A five-year renewal period will streamline the review for both the                                  
state and industry, while maintaining Alaska's strong oil spill                                     
prevention and response standards.  Focusing on the actual testing of                               
oil spill prevention and response readiness through in-the-field                                    
inspections, drills, and exercises is our most effective means of                                   
ensuring spill prevention and response readiness.                                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 114                                                                                            
HOUSE BILL NO. 114 by the House Rules Committee by request,                                         
entitled:                                                                                           
                                                                                                    
     "An Act relating to the issuance of a search warrant."                                         
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 115                                                                                            
HOUSE BILL NO. 115 by Representative Kerttula, entitled:                                            
                                                                                                    
     "An Act extending the termination date of the Alaska Minerals                                  
     Commission."                                                                                   
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         

2003-02-19                     House Journal                      Page 0254
HB 116                                                                                            
HOUSE BILL NO. 116 by Representative Masek, entitled:                                               
                                                                                                    
     "An Act exempting supervisory employees of small businesses                                    
     from the overtime wage requirement."                                                           
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 12                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 12                                                                              
     "An Act relating to harassment."                                                               
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT CS(JUD) NT 5DP                                                 180                         
 LETTER OF INTENT WITH JUD REPORT                                       181                         
 FN1: ZERO(LAW)                                                         181                         
 FN2: ZERO(DPS)                                                         181                         
 FN3: INDETERMINATE(ADM)                                                181                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 12(JUD)                                                                  
     "An Act relating to the crime of harassment committed by use of                                
     electronic communication."                                                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 14, following "physical injury":                                                       
 Insert "or sexual contact"                                                                     
                                                                                                    

2003-02-19                     House Journal                      Page 0255
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Meyer objected and withdrew the objection.  There                                    
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 12(JUD) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 12(JUD) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 12(JUD) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 12(JUD) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Heinze, Masek, Stevens                                                                    
                                                                                                    
And so, CSHB 12(JUD) am passed the House.                                                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the House Judiciary Committee letter of intent                                          
(page 181).  There being no objection, it was so ordered.                                           
                                                                                                    
                                                                                                    
CSHB 12(JUD) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    

2003-02-19                     House Journal                      Page 0256
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
In Memoriam - Ruth Alison Lister                                                                    
By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg,                                  
Harris, Hawker, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer,                                    
Morgan, Samuels, Seaton, Whitaker, Williams, Wilson, Wolf                                           
                                                                                                    
In Memoriam - Percy John Blatchford                                                                 
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                       
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Kohring, Masek, McGuire, Meyer, Morgan, Samuels, Seaton,                                            
Williams, Wilson                                                                                    
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HCR 6                                                                                             
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 6                                                              
     Extending the termination date of the Joint Legislative Salmon                                 
     Industry Task Force until 2005.                                                                
                                                                                                    
HCR 6 was removed from the Finance Committee and referred to the                                    
Rules Committee for placement on the calendar.                                                      
                                                                                                    
Representative Coghill 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 Fate - from 6:00 p.m., February 20 to 10:00 p.m.,                                    
February 21, 2003                                                                                   
                                                                                                    

2003-02-19                     House Journal                      Page 0257
Representative Samuels - from 6:00 p.m., February 20 to a.m., plane                                 
time, February 24, 2003                                                                             
                                                                                                    
HB 12                                                                                             
Representatives Samuels and Wilson added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 12(JUD) am                                                               
     "An Act relating to the crime of harassment committed by use of                                
     electronic communication."                                                                     
                                                                                                    
                                                                                                    
HB 92                                                                                             
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 92                                                                              
     "An Act relating to reports by members of the clergy and                                       
     custodians of clerical records who have reasonable cause to                                    
     suspect that a child has suffered harm as a result of child abuse or                           
     neglect."                                                                                      
                                                                                                    
                                                                                                    
HB 102                                                                                            
Representative Gatto added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 102                                                                             
     "An Act relating to concealed deadly weapons."                                                 
                                                                                                    
                                                                                                    
HB 107                                                                                            
Representatives Masek, Anderson, Samuels, Lynn, Coghill, Wolf,                                      
Heinze, Gatto, Holm, Harris, and Kott added their names as                                          
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 107                                                                             
     "An Act relating to an optional group of persons eligible for                                  
     medical assistance who require treatment for breast or cervical                                
     cancer; relating to cost sharing by those recipients under the                                 
     medical assistance program; and providing for an effective date."                              
                                                                                                    

2003-02-19                     House Journal                      Page 0258
                                ENGROSSMENT                                                      
                                                                                                    
HB 12                                                                                             
CSHB 12(JUD) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted with a House letter of intent to the Senate for                               
consideration.                                                                                      
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus            Speaker's Chamber                upon adj., 2/19                         
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Health, Education & Social Services Committee                                                       
LOCATION CHANGED TO:                                    House Finance 519                           
                                                                                                    
Fish Caucus                                                                                         
CHANGED TO:                                                12:00 p.m., 2/20                         
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 21, 2003.  There being no                                  
objection, the House adjourned at 11:39 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk                                           

2003-02-19                     House Journal                      Page 0259
                            HOUSE JOURNAL INDEX                                                  
                                                                                                    
HB  12        254-255, 257-258                                                                      
HB  14 243-244                                                                                      
HB  20 244-245                                                                                      
HB  28 246                                                                                          
HB  30 246-247                                                                                      
HB  92 257                                                                                          
HB 100 247-248                                                                                      
HB 102 257                                                                                          
HB 107 257                                                                                          
HB 108 248                                                                                          
HB 109 248                                                                                          
HB 110 249-250                                                                                      
HB 111 250-251                                                                                      
HB 112 251-252                                                                                      
HB 113 252-253                                                                                      
HB 114 253                                                                                          
HB 115 253                                                                                          
HB 116 254                                                                                          
                                                                                                    
HCR  6        245, 256                                                                              
HCR  8 246