Legislature(2003 - 2004)

2003-04-04 House Journal

Full Journal pdf

2003-04-04                     House Journal                      Page 0757
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                    April 4, 2003                       
                                                                                                    
                             Seventy-fourth Day                                                
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:08 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.                                                                
                                                                                                    
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 Whitaker - from today to morning plane time,                                         
April 6, 2003                                                                                       
                                                                                                    
Representative Heinze - today                                                                       
                                                                                                    
The invocation was offered by the Chaplain, Firouz Mehrabad of the                                  
Juneau Baha'i Community.  Representative Meyer moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     O my God!  O my God!  Unite the hearts of Thy servants, and                                    
     reveal to them Thy great purpose.  May they follow Thy                                         
     commandments and abide in Thy law.  Help them, O God, in                                       
     their endeavor, and grant them strength to serve Thee.  O                                      
     God!  Leave them not to themselves, but guide their steps by                                   
     the light of Thy knowledge, and cheer their hearts by Thy                                      
     love.  Verily, Thou art their Helper and their Lord.                                           
                                                                                                    
     - Baha'u'llah                                                                                  
     (Baha'i Prayers, p. 203)                                                                       

2003-04-04                     House Journal                      Page 0758
The Pledge of Allegiance was led by Representative Meyer.                                           
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 72nd and 73rd legislative days, House Journal                                       
Supplement No. 3, Senate and House Joint Journal Supplement No. 7,                                  
and House and Senate Joint Journal Supplement No. 8 be approved as                                  
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
SB 51                                                                                             
A message dated April 3, 2003, was read stating the Governor has                                    
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE BILL NO. 51                                                                             
     "An Act relating to revenue bonds issued by the Alaska Municipal                               
     Bond Bank Authority and the total amount of bonds and notes                                    
     outstanding of that authority; and providing for an effective date."                           
                                                                                                    
     Chapter No. 3, SLA 2003                                                                        
     Effective Date:  April 4, 2003                                                                 
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 139                                                                                            
A message dated April 2, 2003, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 139(RES)                                                                 
     "An Act approving an interim classification by the commissioner                                
     of natural resources closing certain land within the Glacier Creek                             
     and Winner Creek drainages to new mineral entry; and providing                                 
     for an effective date."                                                                        
                                                                                                    
CSHB 139(RES) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    

2003-04-04                     House Journal                      Page 0759
A message dated April 2, 2003, was read stating the Senate has passed                               
the following and it is transmitted for consideration:                                              
                                                                                                    
                         FIRST READING AND REFERENCE                                             
                               OF SENATE BILLS                                                   
                                                                                                    
SB 45                                                                                             
CS FOR SENATE BILL NO. 45(JUD) by the Senate Judiciary                                              
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the Legislative Budget and Audit Committee."                               
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                               COMMUNICATIONS                                                    
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Natural Resources                                                                          
Office of the Commissioner                                                                          
Determination to Take Oil and                                                                       
Gas Royalty In-Value                                                                                
March 24, 2003                                                                                      
(as required by AS 38.05.182)                                                                       
                                                                                                    
Denali Commission                                                                                   
2002 Annual Report                                                                                  
A Catalyst for Positive Change                                                                      
(Compact Disc)                                                                                      
www.denali.gov                                                                                      
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HCR 5                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 5                                                              
     Establishing a task force to make recommendations regarding a                                  
     new design for the official seal of the State of Alaska.                                       

2003-04-04                     House Journal                      Page 0760
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Seaton, Weyhrauch                                                                     
                                                                                                    
No recommendation (2):  Holm, Lynn                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Legislative Agency                                                                      
                                                                                                    
HCR 5 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HCR 11                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 11                                                             
     Relating to Alaska Salmon Day.                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 11(FSH)                                                 
     Relating to Alaska Wild Salmon Day.                                                            
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Guttenberg, Wolf, Masek, Lynn, Gatto, Morgan, Heinze,                                 
Fate                                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHCR 11(FSH):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 11 is on today's calendar.                                                                      
                                                                                                    
                                                                                                    
HB 13                                                                                             
The Labor & Commerce Committee has considered:                                                      

2003-04-04                     House Journal                      Page 0761
     HOUSE BILL NO. 13                                                                              
     "An Act declaring legislative intent to reject the continuity of                               
     enterprise exception to the doctrine of successor liability adopted                            
     in Savage Arms, Inc. v. Western Auto Supply, 18 P.3d 49 (Alaska                                
     2001), as it relates to products liability; providing that a successor                         
     corporation or other business entity that acquires assets of a                                 
     predecessor corporation or other business entity is subject to                                 
     liability for harm to persons or property caused by a defective                                
     product sold or otherwise distributed commercially by the                                      
     predecessor only if the acquisition is accompanied by an                                       
     agreement for the successor to assume the liability, results from a                            
     fraudulent conveyance to escape liability for the debts or liabilities                         
     of the predecessor, constitutes a consolidation or merger with the                             
     predecessor, or results in the successor's becoming a continuation                             
     of the predecessor; defining 'business entity' that acquires assets to                         
     include a sole proprietorship; and applying this Act to the sale,                              
     lease, exchange, or other disposition of assets by a corporation, a                            
     limited liability company, a partnership, a limited liability                                  
     partnership, a limited partnership, a sole proprietorship, or other                            
     business entity that occurs on or after the effective date of this                             
     Act."                                                                                          
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Dahlstrom, Rokeberg, Anderson                                                  
                                                                                                    
No recommendation (2):  Crawford, Guttenberg                                                        
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of Community                                       
& Economic Development                                                                              
                                                                                                    
HB 13 was referred to the Judiciary Committee.                                                      
                                                                                                    
                                                                                                    
HB 57                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2003-04-04                     House Journal                      Page 0762
     HOUSE BILL NO. 57                                                                              
     "An Act amending the manner of determining the royalty received                                
     by the state on gas production as it relates to the manufacture of                             
     certain value-added products."                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 57(FIN)                                                                  
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Whitaker, Foster, Chenault, Harris, Williams                                          
                                                                                                    
No recommendation (5):  Meyer, Hawker, Stoltze, Joule, Croft                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 57(FIN):                                                 
                                                                                                    
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 57 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 154                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 154                                                                             
     "An Act relating to admission to and advancement in public                                     
     schools of children under school age; and providing for an                                     
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 154(EDU)                                                                 
     "An Act relating to advancement in public schools of children                                  
     under school age; and providing for an effective date."                                        
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2003-04-04                     House Journal                      Page 0763
Do pass (4):  Coghill, Wolf, Gatto, Wilson                                                          
                                                                                                    
Do not pass (2):  Kapsner, Cissna                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 154(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 154 was referred to the Finance Committee.                                                       
                                                                                                    
HB 165                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 165                                                                             
     "An Act relating to community schools; and providing for an                                    
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 165(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Seaton, Coghill, Gatto, Wilson                                                        
                                                                                                    
Do not pass (2):  Kapsner, Cissna                                                                   
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 165(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 165 was referred to the Finance Committee.                                                       
                                                                                                    
HB 183                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0764
     HOUSE BILL NO. 183                                                                             
     "An Act relating to retirement contributions and benefits under the                            
     public employees' retirement system of certain juvenile detention                              
     employees and juvenile correctional institution employees."                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, Weyhrauch                                                                  
                                                                                                    
No recommendation (5):  Seaton, Holm, Lynn, Dahlstrom, Berkowitz                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 183 was referred to the Finance Committee.                                                       
                                                                                                    
HB 184                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 184                                                      
     "An Act relating to individual deferred annuities; and providing                               
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     184(L&C)                                                                                       
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gatto, Crawford, Dahlstrom, Rokeberg, Anderson                                        
                                                                                                    
The following fiscal note(s) apply to CSSSHB 184(L&C):                                              
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    

2003-04-04                     House Journal                      Page 0765
SSHB 184 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 203                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 203                                                                             
     "An Act relating to the definitions of 'net income' and 'unrestricted                          
     net income' for purposes of calculating the dividends to be paid to                            
     the state by the Alaska Industrial Development and Export                                      
     Authority; and providing for an effective date."                                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Dahlstrom, Rokeberg, Anderson                                                  
                                                                                                    
No recommendation (2):  Crawford, Guttenberg                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Community & Economic Development                                        
                                                                                                    
HB 203 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 205                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 205                                                                             
     "An Act relating to service in the peace corps as an allowable                                 
     absence from the state for purposes of eligibility for permanent                               
     fund dividends and to the period for filing an application for a                               
     permanent fund dividend; authorizing the Department of Revenue                                 
     to issue administrative orders imposing sanctions for certain                                  
     misrepresentations or other actions concerning eligibility for a                               
     permanent fund dividend and providing for administrative appeal                                
     of those orders; and providing for an effective date."                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0766
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Seaton, Gruenberg, Holm, Berkowitz                                                    
                                                                                                    
Do not pass (1):  Weyhrauch                                                                         
                                                                                                    
No recommendation (2):  Lynn, Dahlstrom                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 205 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 214                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 214                                                                             
     "An Act relating to the recovery of punitive damages against an                                
     employer who is determined to be vicariously liable for the act or                             
       omission of an employee; and providing for an effective date."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 214(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Holm, Samuels, McGuire                                                                
                                                                                                    
Do not pass (2):  Gara, Gruenberg                                                                   
                                                                                                    
No recommendation (1):  Anderson                                                                    
                                                                                                    
Amend (1):  Ogg                                                                                     
                                                                                                    

2003-04-04                     House Journal                      Page 0767
The following fiscal note(s) apply to CSHB 214(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 214 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 43                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 43(FIN)                                                                 
     "An Act extending the termination date of the State Medical                                    
     Board."                                                                                        
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gatto, Crawford, Guttenberg, Dahlstrom, Rokeberg,                                     
Anderson                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 43(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 83                                                                                             
The Transportation Committee has considered:                                                        
                                                                                                    
     SENATE BILL NO. 83                                                                             
     "An Act naming the Sven Haakanson, Sr. Airport at Old Harbor."                                 
                                                                                                    
The report was signed by Representatives Holm and Masek, Co-                                        
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Ogg, Kookesh, Kapsner, Kohring, Fate, Holm, Masek                                     
                                                                                                    

2003-04-04                     House Journal                      Page 0768
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Zero, Dept. of Transportation & Public Facilities                                                
                                                                                                    
SB 83 was referred to the State Affairs Committee.                                                  
                                                                                                    
                          INTRODUCTION OF CITATIONS                                              
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Sheryl Roberta Nelson, Shandelle Marie Nelson,                                        
Adrienne Shalon Nore                                                                                
By Representative Wilson; Senator Taylor                                                            
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                            OF HOUSE RESOLUTIONS                                                 
                                                                                                    
HCR 16                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 16 by the House Rules                                               
Committee:                                                                                          
                                                                                                    
     Proposing amendments to the Uniform Rules of the Alaska State                                  
     Legislature providing that the 2000 edition of "Mason's Manual of                              
     Legislative Procedure" shall implement the rules; and providing                                
     for an effective date for the amendments.                                                      
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 239                                                                                            
HOUSE BILL NO. 239 by Representative Chenault, entitled:                                            
                                                                                                    
     "An Act directing the Department of Public Safety to establish an                              
     Internet-based identification and tracking system relating to                                  
     controlled substances that are prescribed for human use; and                                   
     relating to the manner in which prescriptions for controlled                                   
     substances may be filled by a pharmacist."                                                     
                                                                                                    

2003-04-04                     House Journal                      Page 0769
was read the first time and referred to the Health, Education & Social                              
Services, State Affairs, and Finance Committees.                                                    
                                                                                                    
HB 240                                                                                            
HOUSE BILL NO. 240 by the House Special Committee on                                                
Economic Development, International Trade, & Tourism, entitled:                                     
                                                                                                    
     "An Act establishing a state lottery."                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism, the House                                     
Special Committee on Ways & Means, and the Finance Committee.                                       
                                                                                                    
HB 241                                                                                            
HOUSE BILL NO. 241 by Representative Chenault, entitled:                                            
                                                                                                    
     "An Act relating to optional exemptions from municipal property                                
     taxes on residential property."                                                                
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and State Affairs Committees.                                                               
                                                                                                    
HB 242                                                                                            
HOUSE BILL NO. 242 by Representative Hawker, entitled:                                              
                                                                                                    
       "An Act relating to licensing of certified public accountants."                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 243                                                                                            
HOUSE BILL NO. 243 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act establishing state agency program performance                                          
     management and audit powers in the Office of the Governor for                                  
     the evaluation of agency programs; and providing for an effective                              
     date."                                                                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0770
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
The Governor's transmittal letter dated April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would establish state agency program                                       
performance management and audit powers in the Office of the                                        
Governor.  This bill would establish powers in the office of                                        
management and budget necessary to evaluate program performance                                     
by executive branch agencies.  These powers would include express                                   
authorization for the exercise of internal audit powers.  It is my intent                           
that this authority permit the centralization of the internal audit                                 
function, which had been a declining effort under previous                                          
Administrations.  I intend to use internal audits as a management tool                              
in my Administration's continuing effort to streamline and make                                     
efficient the operations of state agencies.                                                         
                                                                                                    
The bill also would make certain audit records confidential.  This                                  
provision mirrors the powers given to legislative auditors and is                                   
considered necessary to make the auditors effective in the performance                              
of their duties.                                                                                    
                                                                                                    
I urge your favorable consideration of this bill.                                                   
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
HB 244                                                                                            
HOUSE BILL NO. 244 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    

2003-04-04                     House Journal                      Page 0771
     "An Act relating to the Code of Criminal Procedure; relating to                                
     defenses, affirmative defenses, and justifications to certain                                  
     criminal acts; relating to rights of prisoners after arrest; relating to                       
     discovery, immunity from prosecution, notice of defenses,                                      
     admissibility of certain evidence, and right to representation in                              
     criminal proceedings; relating to sentencing, probation, and                                   
     discretionary parole; amending Rule 16, Alaska Rules of Criminal                               
     Procedure, and Rules 404, 412, 609, and 803, Alaska Rules of                                   
     Evidence; and providing for an effective date."                                                
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Fiscal, Dept. of Corrections                                                                    
                                                                                                    
The Governor's transmittal letter dated April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill making changes to criminal procedures that would                                
allow for more straightforward and fair prosecution of crime in                                     
Alaska.  Additionally, the bill would improve the criminal law                                      
regarding sentences.                                                                                
                                                                                                    
The bill proposes the following changes in criminal procedures:                                     
                                                                                                    
Deterring Those Who Take Deadly Weapons to a Fight.  We have to                                   
cut down on the violence on our streets.  There are too many drug                                   
dealers, gang members, and violent people who bring guns to                                         
situations where they know they will get into fights; they then claim                               
self-defense when they use the gun.  Too many innocent people die,                                  
and prosecution is too difficult.  We need to put a stop to this.  If you                           
bring a gun to a fight, you should be responsible for the consequences.                             
Self-defense should not excuse a killing if the defendant brought a                                 
deadly weapon to a confrontation with reason to believe that combat                                 
would result.  The Alaska Supreme Court long ago declared in Bangs                                  

2003-04-04                     House Journal                      Page 0772
v. State, 608 P.2d 1 (Alaska 1980), that a person who brings a deadly                               
weapon to a confrontation, having reason to know that the encounter                                 
will likely result in combat, should not be entitled to self-defense                                
protection.  But trial judges have become too loose in enforcing the                                
Alaska Supreme Court's admonition.  A defendant who brings a gun to                                 
an encounter and uses it to finish a fight should not be able to claim                              
self-defense.                                                                                       
                                                                                                    
Improving the Law of Self-Defense, Deadly Force In Self-Defense,                                  
Heat Of Passion, And Other Defenses.  A related change is also                                    
necessary in the law of self-defense and "heat of passion."  The                                    
prosecution always bears the burden of proving the essential elements                               
of an offense, but if the defendant is going to raise a defense of which                            
the defendant has exclusive knowledge, the defendant should have the                                
burden to prove the defense by a preponderance of the evidence.  This                               
is called an affirmative defense, and the legislature has already created                           
many examples in the Alaska Statutes.  For example, duress is an                                    
affirmative defense.  To establish duress, the defendant must prove                                 
that the defendant was coerced to commit a crime by a threat of                                     
imminent harm.  The burden is correctly on the defendant, because                                   
only the defendant knows the effect of the threat.                                                  
                                                                                                    
The bill would change several similar defenses -- heat of passion, self-                            
defense, the use of deadly force in self-defense, and defense of a third                            
person -- to affirmative defenses.  Currently, prosecutors must prove a                             
negative.  For example, if the defendant claims heat of passion (a                                  
defense to intentional murder in the first and second degrees), the state                           
would have to disprove that the victim, who is dead, acted in a way to                              
arouse the passion of the defendant.  The bill provides that the                                    
defendant, who is often the only eyewitness still alive at trial, would                             
be required to prove that "heat of passion" was aroused because of                                  
provocation by the victim.  Citizens who defend themselves in their                                 
own homes and must use force to protect their families are not affected                             
by this change.  If the person acting in self-defense is a peace officer,                           
or is on the person's own premises and is not assaulting a household                                
member, this bill leaves the current law on self-defense intact, and                                
requires that the prosecution disprove self-defense.                                                
                                                                                                    
Right of Arrested Person.  The bill would clarify that a person who is                            
arrested has the right to a telephone call or visit from a friend, relative,                        

2003-04-04                     House Journal                      Page 0773
or attorney.  However, the right belongs to the person arrested, to                                 
exercise at his or her discretion.                                                                  
                                                                                                    
Limiting Collateral Attacks on Prior Convictions.  When an habitual                               
criminal commits a new crime, the punishment is often greater                                       
because of the person's prior convictions.  But it is now a common                                  
tactic in the new criminal case to attack the old convictions on                                    
technicalities.  This means that before the prosecutor can even begin to                            
prove the new crime, the prosecutor is forced to validate what                                      
happened in an old conviction, which is often from another state.  This                             
is generally a fruitless inquiry.  The law already provides many                                    
avenues by which offenders can have their convictions reviewed.                                     
Unless a conviction was invalid because the defendant was denied the                                
right to counsel or to a jury trial, the state should be able to rely on                            
those convictions in prosecuting repeat criminals.                                                  
                                                                                                    
Admissibility of Prior Convictions.  In the criminal code, the                                    
conviction of a prior crime is, in a few cases, an element of another                               
offense.  For example, having two prior drunk driving convictions                                   
within a certain period of time is an element of felony drunk driving.                              
The bill would clarify that in these circumstances, evidence of prior                               
convictions is admissible in order to prove all the elements of the                                 
charged offense.  Although generally courts do not admit this                                       
evidence, the legislature has the authority to allow it.  The bill also                             
would overrule Ostlund v. State, 51 P.2d 938 (Alaska App. 2002),                                    
which requires a bifurcated trial, by allowing, at any time in the                                  
prosecution, evidence of prior convictions in the state's case if the                               
prior conviction is an element of the current crime.                                                
                                                                                                    
Grants of Immunity.  The bill would give prosecutors the information                              
needed to decide whether to grant immunity to a witness.  If a witness                              
claims a privilege against self-incrimination and refuses to testify, the                           
only way to obtain that testimony under the Alaska Constitution is to                               
give the person complete immunity for any crime the person may                                      
testify about.  This makes it critical for the state to know what crimes                            
will be immunized before offering immunity, but that is impossible                                  
under current procedures used by the courts.  The current practice is                               
for the judge to decide whether the witness is entitled to immunity in a                            
closed hearing in which the prosecution is not allowed to be present.                               
The prosecutor thus does not know what crimes require immunity.  A                                  

2003-04-04                     House Journal                      Page 0774
homicide prosecution that currently is awaiting trial is a good                                     
example.  The defendant, while in jail, allegedly tried to arrange for                              
the killing of the trooper transporting him to court, so the defendant                              
could escape.  A cellmate notified the police, but will not testify                                 
without immunity.  The judge held a hearing without the prosecutor,                                 
and ruled that the cellmate had a privilege against self-incrimination,                             
but wouldn't reveal how the cellmate's testimony would incriminate                                  
him -- or even whether the cellmate feared prosecution for a felony or                              
a misdemeanor.  Unwilling to grant immunity blindfolded, the                                        
prosecutor must forego this powerful evidence of consciousness of                                   
guilt of the defendant.                                                                             
                                                                                                    
The bill would give guidance to the court for evaluating a claim of                                 
privilege, and would allow the prosecutor to obtain necessary                                       
information and to be present at any hearings on the matter.  Judges                                
thus would no longer decide these issues without hearing both sides,                                
and the prosecutor can make an informed decision about immunity.                                    
                                                                                                    
Consecutive sentences.  This bill also would strengthen and clarify the                           
law regarding consecutive sentences for conviction of more than one                                 
crime.  In 1982, AS 12.55.025(e) and (g), which mandated full                                       
consecutive sentences for each count of homicide, assault, and sexual                               
offense, were enacted.  But because of imprecise drafting, this clear                               
expression of legislative intent was instead interpreted to be merely a                             
"legislative preference" for consecutive sentences that courts were free                            
to ignore.  State v. Andrews, 707 P.2d 900 (Alaska App. 1985), aff'd.                               
723 P.2d 85 (Alaska 1986).  Later, in 1988, the legislature mandated                                
consecutive sentences for assaults against children, but the provision                              
that was finally enacted provided no firm guidance to the courts,                                   
especially in the most serious sexual assaults.  AS 12.55.025(h).                                   
                                                                                                    
As a result of the interpretations of the courts, trial judges ignore or                            
pay only nominal recognition to the legislature's preference for                                    
consecutive sentences.  For example, in the recent case of State v.                                 
Glaser, the defendant was convicted of two counts of second degree                                  
murder and one count of first degree assault.  The sentence imposed                                 
by the superior court treated the drunk driving killing of two people                               
and the serious physical injury of a third person as if only one victim                             
had been affected by the crime, and imposed a sentence only slightly                                
longer than the mandatory minimum sentence for a single count of                                    
second degree murder.                                                                               
                                                                                                    

2003-04-04                     House Journal                      Page 0775
This bill would adopt minimum requirements for consecutive                                          
sentencing in cases involving multiple counts of homicide,                                          
kidnapping, first degree sexual assault, and first degree sexual abuse of                           
a minor (sexual penetration).  Although this bill does not go so far as                             
the fully consecutive sentencing reflected in the 1982 legislation, it                              
does provide more specific guidance than exists in current law.  In a                               
second degree murder case such as State v. Glaser, for example, the                                 
bill would require that imprisonment for at least 10 consecutive years                              
be imposed for the second conviction of second degree murder, and                                   
some additional consecutive term of imprisonment be imposed for the                                 
assault on the third victim.                                                                        
                                                                                                    
Better Notice of Expert Witnesses And Defenses.  Delay, confusion,                                
and other problems often result from the inefficient exchange of                                    
information about defenses and expert witnesses in criminal                                         
prosecutions.  The discovery rules are supposed to make pretrial                                    
procedure orderly and avoid surprises at trial.  However, our                                       
prosecutors report that at times attorneys who give late notice or no                               
notice rarely suffer adverse consequences from the court, which                                     
encourages further disregard of the rules.  The bill would adopt                                    
procedures for a more orderly exchange of expert witness information,                               
and it also would adopt firm sanctions for violation of the rules.  If a                            
party does not provide notice of an expert in the time set out in the                               
rule, the person may not use the expert testimony.  The bill also would                             
require that notice of certain defenses be made as required by the rules                            
or the offering of that defense could be forfeited.                                                 
                                                                                                    
Expanding Impeachment of Testimony.  The bill also would amend                                    
several provisions in the Alaska Rules of Evidence.  Under the current                              
rules, a statement obtained from a defendant that was not preceded by                               
the warnings required in Miranda v. Arizona, 384 U.S. 436 (1966), is                                
not admissible except in a prosecution for perjury.  That is, although                              
the statement may not be used against the person for the underlying                                 
offense, it may be used in a subsequent perjury prosecution if the                                  
person testifies falsely at trial.  The bill would expand this exception to                         
allow the statement to be used for impeachment if the person testifies                              
falsely.  Under the current court rule, a defendant in a murder case                                
whose statements to police were suppressed could lie with impunity on                               
the stand, knowing that at most the defendant faced a later prosecution                             
for perjury.  The bill's change to the court rule would, however, allow                             

2003-04-04                     House Journal                      Page 0776
the defendant's statement to be used to contradict the defendant's                                  
testimony in the murder trial if the defendant lied.                                                
                                                                                                    
A similar court rule limits the use of evidence obtained with an invalid                            
search warrant or if the police make a mistake in the technical rules                               
governing search and seizure.  Such evidence is not admissible for the                              
underlying prosecution, and can only be used in a subsequent perjury                                
case.  This bill would allow this evidence to be used to impeach the                                
defendant or other witness on cross-examination.  The exclusionary                                  
rule discourages careless law enforcement by excluding illegally                                    
obtained evidence.  It should not give witnesses a chance to testify                                
falsely at trial.                                                                                   
                                                                                                    
Current rules also allow a witness's credibility to be impeached by a                               
prior conviction for a crime involving dishonesty or false statement                                
(for example, theft, robbery, burglary, perjury) if the conviction                                  
occurred within five years of the testimony.  However, in many                                      
instances, the five-year period is over before the person is even out of                            
jail, so juries never find out that the person has a conviction for                                 
dishonesty.  This bill would amend the court rule to allow juries to be                             
told of such convictions if less than five years has elapsed from the                               
person's unconditional discharge from probation or parole.                                          
                                                                                                    
Giving Juries the Full Picture in Domestic Violence Cases.  Domestic                              
abusers often succeed in pressuring their domestic partners into not                                
testifying against the abuser.  In order to prosecute such cases, the                               
prosecutor must be able to introduce evidence from other persons to                                 
tell the jury the whole story.  But if the jury isn't allowed to know what                          
was said immediately after the assault, the jury only gets part of the                              
story.  We can change this, and provide more perpetrators with the                                  
help they need to stop abusing.  Victims of domestic violence are often                             
unavailable to testify at trial -- often for compelling reasons                                     
concerning their safety and the safety of their children.  Under current                            
court rules, if the victim is not present, the statements of the victim are                         
admissible only if the statements qualify under the narrow rule for                                 
"excited utterances."                                                                               
                                                                                                    
This bill would expand that rule in domestic violence cases, so that a                              
jury can learn about all statements made within 24 hours of the crime,                              
if there are other indications of reliability.  This hearsay exception                              

2003-04-04                     House Journal                      Page 0777
would apply to statements that an assault occurred, and also if the                                 
victim recanted and denied that an assault occurred.                                                
                                                                                                    
New Mitigating Factor for Defendants Who Show Concern for                                         
Victims of Sexual Offenses.  Victims of sexual offenses, more so than                             
any other crime, dread testifying in open court and often view giving                               
testimony as being victimized again.  They must not only testify in                                 
front of a jury of citizens and the defendant who violated them, but it                             
must be done in public and often in cases that gain press attention.                                
This is very traumatic for the victim.  Sex offenders who have genuine                              
remorse for their crimes do not want to put the victim through this                                 
crucible.  For those sex offenders who quickly plead guilty, thus                                   
sparing their victims the ordeal of public testimony, this bill would                               
provide a statutory "mitigating factor" that the judge may take into                                
consideration in reducing the person's sentence.                                                    
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
                                                                                                    
HB 245                                                                                            
HOUSE BILL NO. 245 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to certain suits and claims by members of the                                 
     military services or regarding acts or omissions of the organized                              
     militia; relating to liability arising out of certain search and rescue,                       
     civil defense, homeland security, and fire management and                                      
     firefighting activities; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the Judiciary and Finance                                          
Committees.                                                                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0778
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Natural Resources                                                                
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
The Governor's transmittal letter dated April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to certain suits and claims by members of                              
the military services or regarding acts or omissions of the organized                               
militia, and relating to liability arising out of certain search and rescue,                        
civil defense, homeland security, and fire management and firefighting                              
activities.                                                                                         
                                                                                                    
The bill consists of four main parts:                                                               
                                                                                                    
Suits Arising from Search and Rescue Activities                                                   
(Section 2 of the bill)                                                                             
                                                                                                    
First, by statute, search and rescue activities are permissive functions                            
of the commissioner of public safety.  In practice, the Alaska State                                
Troopers make decisions about when and where to conduct search and                                  
rescue activities, and how to allocate resources -- both state personnel                            
and community volunteers -- to those activities.  The expenses are                                  
borne by the state treasury.                                                                        
                                                                                                    
This bill provides that a person may not bring a lawsuit for damages                                
that arise out of such search and rescue activities, or the failure to                              
initiate such search and rescue activities.  Given Alaska's vast                                    
geographic area, harsh climatic conditions, and limited trooper                                     
resources, it is important to ensure that search and rescue decisions are                           
not undermined by possible tort exposure.  It is also important to                                  
ensure that the safety of local volunteers who conduct search and                                   
rescue operations under trooper supervision is not jeopardized by the                               
possibility of a search and rescue decision being influenced by                                     
potential tort liability rather than being based on appropriate safety                              
concerns.                                                                                           
                                                                                                    

2003-04-04                     House Journal                      Page 0779
Alaska Supreme Court decisions have provided that no actionable duty                                
is owed by police agencies when they undertake, or fail to undertake,                               
police investigations.  Search and rescue operations are essentially                                
another form of investigation.  They should be conducted, or not                                    
conducted, on their own intrinsic merits, as judged by the participating                            
officers.  By prohibiting lawsuits arising out of search and rescue                                 
activities, this bill would treat those activities consistently with other                          
police investigations.                                                                              
                                                                                                    
Certain Suits and Claims by Members of Military Services Arising                                  
from Military Services and Concerning the Organized Militia                                       
(Sections 3 - 6 of the bill)                                                                        
                                                                                                    
Second, the Alaska Supreme Court, in a recent decision, ruled that the                              
State of Alaska may be sued and held liable for tort claims by injured                              
members of the Alaska National Guard and a member of the Indiana                                    
National Guard for injuries that were incurred during the members'                                  
service with the national guard.  The Alaska Supreme Court did not                                  
adopt the federal rule (known as the Feres doctrine) that bars tort                                 
claims by military service personnel for injuries arising out of                                    
activities that were incident to their service in the federal military or                           
the national guard.  While the Alaska Supreme Court did not address                                 
tort claims by members of the United States military or other parts of                              
the Alaska organized militia, its ruling could be applied to permit such                            
claims against the State of Alaska.                                                                 
                                                                                                    
State national guard or militia operations may include air and sea                                  
rescue missions, civil defense activities, training exercises, and travel                           
to military bases and locations in Alaska and in other states and                                   
countries.  Given this state's vast land area, its harsh geographic and                             
climatic conditions, and the inherent hazards of national guard and                                 
militia activities, the State of Alaska may be faced with significant                               
financial exposure for injuries to national guard, militia, or other                                
military service members.  In addition, tort lawsuits by injured service                            
members against the Alaska National Guard, the militia, or other                                    
service members would involve the courts in reviewing and second-                                   
guessing military decisions regarding the personnel, training,                                      
equipment, orders, discipline, and operations of the national guard and                             
militia.  It is important to ensure that such decisions are based on the                            

2003-04-04                     House Journal                      Page 0780
professional judgment and military needs of the Alaska National                                     
Guard and other parts of the Alaska organized militia rather than on                                
concerns regarding possible tort liability.                                                         
                                                                                                    
This bill provides that a lawsuit for damages may not be brought by or                              
on behalf of a member of the military services against the State of                                 
Alaska, the Alaska National Guard or other part of the Alaska                                       
organized militia, or any other member of the military services, for                                
death, personal injury, or other injury of a member of the military                                 
services, including the United States military, the Alaska National                                 
Guard or other parts of the Alaska organized militia, or the national                               
guard of another state, incurred during or arising out of activities that                           
were part of the member's military service.  It would essentially adopt                             
the federal Feres doctrine that bars intra-military tort claims by service                          
personnel for injuries arising out of activities incident to their military                         
service.  It would provide the state and state military personnel with                              
the same protection from tort lawsuits that the federal government and                              
federal military personnel are provided under the Feres doctrine.                                   
                                                                                                    
Under this bill, injured military service members would still be                                    
entitled to various military or veteran's benefits for injuries incurred in                         
the course of their military service.  The availability of these military                           
benefits is one of the reasons that the federal courts have barred                                  
personal injury claims by military personnel under the Feres doctrine.                              
                                                                                                    
This bill also would clarify that members of the Alaska National                                    
Guard or other parts of the organized militia are entitled to only                                  
workers' compensation benefits for injuries, illness, or death related to                           
active state service.  Because members of the Alaska National Guard                                 
are entitled to federal benefits when not on state active duty, this                                
change will not affect receipt of those benefits.                                                   
                                                                                                    
Additionally, this bill would bar actions against the State of Alaska                               
regarding activities of Alaska National Guard members when they are                                 
not on state active duty.  This change is necessary because members of                              
the Alaska National Guard who are not on state active duty, including                               
those on federal active duty, active duty for training, inactive duty,                              
active guard and reserve (AGR) duty, and civilian technicians, are                                  
under the command and control of the federal government.  The                                       
change is necessary to address two Alaska Supreme Court decisions                                   

2003-04-04                     House Journal                      Page 0781
that held that the state could be responsible for the actions of national                           
guard members who are not on state active duty, as being "borrowed"                                 
federal employees, and that considered those in AGR status to be state                              
employees.  The changes made by the bill would ensure that the state                                
is not liable for acts or omissions of the federal government or federal                            
employees.                                                                                          
                                                                                                    
Suits and Claims Arising from Civil Defense and Homeland Security                                 
Activities                                                                                        
(Sections 7 - 11 of the bill)                                                                       
                                                                                                    
Third, the bill would amend AS 26.20.140, a section in the civil                                    
defense chapter of the statutes that provides immunity for government                               
and employees from liabilities arising out of civil defense activities.                             
Presently, AS 26.20.140(a) provides that the state, any district                                    
established for civil defense purposes, and the agents or                                           
representatives of a state or district, may not be held liable for injury                           
or property damage sustained by a volunteer civilian defense worker.                                
The bill would amend AS 26.20.140(a) to broaden the immunity to                                     
cover injury or property damage sustained by any civilian defense or                                
homeland security worker, including authorized volunteers and                                       
employees, and to specify that the immunity extends to employees of                                 
the state or district as well as the agents and representatives of the state                        
or district.  In addition, existing AS 26.20.140(b) provides that the                               
state and any district established for civil defense purposes, their                                
employees, agents, or representatives, authorized volunteer or                                      
auxiliary civil defense workers, and members of any other agency                                    
engaged in civilian defense activities, who are complying with or                                   
reasonably attempting to comply with AS 26.20 or an order or                                        
regulation issued under AS 26.20, are not liable for injury to persons                              
or damage to property as a result of their activities.  The bill would                              
amend S 26.20.140(b) to provide immunity for homeland security                                      
activities as well as civil defense activities, and to include any                                  
homeland security or civil defense activities undertaken under the                                  
authority of AS 26.20, the civil defense statutes.                                                  
                                                                                                    
AS 26.20.140(b) presently provides an exception to the immunity in                                  
cases of willful misconduct, gross negligence, or bad faith.  The bill                              
would amend that subsection to provide an exception only where                                      
malice or reckless indifference to the interests, rights, or safety of                              

2003-04-04                     House Journal                      Page 0782
others is shown by clear and convincing evidence.  The bill's                                       
amendment to AS 26.23.210 would make the immunity also apply                                        
when the entities and persons covered by AS 26.20.140 perform duties                                
under AS 26.23.010 - 26.23.220, the Alaska Disaster Act.                                            
                                                                                                    
The bill also would amend AS 26.20.140 to add a new subsection to                                   
specify that "civilian defense or homeland security worker" means any                               
worker engaged in a civil defense or homeland security activity in an                               
official capacity or at the direction of the state, including federal, state                        
and local officials, state and local contractors, officers and employees                            
of other states, and volunteers.                                                                    
                                                                                                    
The bill would amend the definitions section of the civil defense                                   
statutes, AS 26.20.200.  The existing definition of "civil defense" in                              
AS 26.20.200(1) would be amended to include security, vaccinations                                  
and other actions to protect public health and training, preparation,                               
travel, and other activities necessary for the provision of civil defense                           
services.  A new paragraph (4) also would be added to the definitions                               
statute to define "homeland security" to mean the detection,                                        
prevention, preemption, deterrence of, protection from, and response                                
to, attacks targeted at state territory, population, or infrastructure.  This                       
definition is based on a definition of homeland security in the Iowa                                
statutes.                                                                                           
                                                                                                    
Suits Arising From Fire Management and Firefighting Activities                                    
(Sections 12 and 13 of the bill)                                                                    
                                                                                                    
By statute, the commissioner of natural resources (commissioner) is                                 
authorized to provide for fire management and firefighting activities                               
throughout the state, including preventing, monitoring, suppressing, or                             
controlling forest fires.  The commissioner, through the division of                                
forestry, provides for fire management and firefighting activities.  The                            
division of forestry's authority to prevent, monitor, suppress, or control                          
forest fires is one aspect of its authority to manage state forest                                  
resources.  The division of forestry is asked to respond to forest fires                            
in various geographic areas and population zones in Alaska, which                                   
often occur simultaneously during the fire season.  When responding                                 
to a given fire, authorities cannot forget other fires that may be                                  
burning simultaneously or that may soon occur.  The division of                                     
forestry's fire prevention, monitoring, control, or suppression decisions                           

2003-04-04                     House Journal                      Page 0783
are complicated decisions that involve an evolving, and primarily                                   
emergency, situation.                                                                               
                                                                                                    
The Alaska Supreme Court, in tandem decisions issued in 2001, ruled                                 
that the State of Alaska may be sued and held liable for tort claims for                            
losses due to fire suppression efforts.  These decisions open the door                              
to significant financial exposure to the state for losses due to fires.                             
The Alaska Supreme Court departed from substantial precedent                                        
immunizing such activities.                                                                         
                                                                                                    
Decisions regarding forest management related to fire control and                                   
suppression should be prompted by sound forestry and firefighting                                   
principles, rather than concerns regarding possible tort liability.                                 
Litigation of such claims inherently disrupts the division of forestry's                            
day-to-day operations and diverts substantial state resources to defend                             
such lawsuits.  At the same time such litigation will not reduce the                                
number of future fires, nor will it increase the resources available to                             
fight such fires.                                                                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
HB 246                                                                                            
HOUSE BILL NO. 246 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the limitation on upland acreage that a person                             
     may take or hold under oil and gas leases; and providing for an                                
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Natural Resources                                                       
                                                                                                    

2003-04-04                     House Journal                      Page 0784
The Governor's transmittal letter dated April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would amend AS 38.05.140(c) to increase the                                
upland acreage limit for oil and gas leases from 500,000 acres to                                   
750,000 acres, except for land north of the Umiat Meridian baseline.                                
                                                                                                    
Currently, under AS 38.05.140(c) oil and gas lessees may hold not                                   
more than a total of 500,000 acres on tide and submerged land and no                                
more than 500,000 acres on uplands. While oil and gas leases with                                   
certified wells and those included within units are excluded from these                             
acreage limitations, many operating oil and gas companies are already                               
either at the existing 500,000 acre limitation or close to it. The bulk of                          
this acreage is located on the North Slope and Beaufort Sea.                                        
                                                                                                    
In the past few years, the Department of Natural Resources has been                                 
encouraging exploration of frontier areas such as the North Slope                                   
foothills. The bill would increase the maximum upland acreage to                                    
750,000, of which no more than 500,000 acres could be located north                                 
of the Umiat Meridian baseline.  Thus, companies would be able to                                   
lease and explore acreage in Alaska's frontier basins while still                                   
maintaining their interests on the North Slope.                                                     
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
HB 247                                                                                            
HOUSE BILL NO. 247 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act repealing statutes pertaining to the Alaska Science and                                
     Technology Foundation and transferring money in the                                            
     foundation's endowment; repealing statutes relating to the BIDCO                               
     assistance program; repealing statutes pertaining to the                                       

2003-04-04                     House Journal                      Page 0785
     international trade and business endowment and transferring                                    
     money in the international trade and business endowment;                                       
     transferring oversight administration of outstanding Alaska                                    
     Science and Technology Foundation loans and grants to the                                      
     Alaska Industrial Development and Export Authority; establishing                               
     an Alaska BIDCO assistance program to be administered by the                                   
     Department of Community and Economic Development; making                                       
        conforming amendments; 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 April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating primarily to the Alaska Science and                                    
Technology Foundation (ASTF) and the programs it currently                                          
administers.                                                                                        
                                                                                                    
The bill would repeal the existing AS 37.17 statutes that create the                                
ASTF, its endowment fund, and the programs it administers --                                        
foundation grants and the BIDCO assistance program.  The statute                                    
creating the international trade and business endowment in the ASTF                                 
also would be repealed.  Subject to appropriation, the bill would                                   
provide for the transfer to the general fund of the money remaining in                              
the ASTF endowment fund and in the international trade and business                                 
endowment.                                                                                          
                                                                                                    
Oversight administration of existing ASTF foundation grants and                                     
BIDCO assistance program loans and other financial assistance would                                 
be transferred to the Alaska Industrial Development and Export                                      
Authority.  A new Alaska BIDCO assistance program, very similar to                                  
the repealed BIDCO assistance program, also would be established, to                                
be administered by the Department of Community and Economic                                         
Development.                                                                                        
                                                                                                    

2003-04-04                     House Journal                      Page 0786
The bill also would make amendments in several other statutes to                                    
conform them to the changes described above.                                                        
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
                                                                                                    
HB 248                                                                                            
HOUSE BILL NO. 248 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the annual salary of the chief procurement                                 
     officer; and providing for an effective date."                                                 
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated April 3, 2003, follows:                                     
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the annual salary of the chief                                      
procurement officer.                                                                                
                                                                                                    
The salary of the chief procurement officer (CPO) is set in statute in                              
AS 36.30.010(d).  The salary of the CPO is currently at range 23 of the                             
salary schedule established in AS 39.27.011.  This bill would set the                               
annual salary of the CPO at range 24.  The increase in the salary of the                            
CPO is being requested because the CPO now will head the division of                                
general services in the Department of Administration; the director                                  
position of that division is being eliminated.  The duties normally                                 
performed by the director of general services will be undertaken by the                             

2003-04-04                     House Journal                      Page 0787
CPO.  But, because the CPO salary is set in statute, the additional                                 
duties to be performed by the CPO cannot be compensated with an                                     
increase in pay without a change in law.                                                            
                                                                                                    
                                                                                                    
The duties to be assumed by the CPO as head of the division of                                      
general services are in keeping with the statutory duties and powers of                             
the CPO as set out in AS 36.30.010(b).  Due to the expanded duties to                               
be undertaken by the CPO as head of the division of general services, I                             
propose that the annual salary of the CPO be increased from range 23                                
to range 24.                                                                                        
                                                                                                    
                                                                                                    
This bill will not result in an increased appropriation because the                                 
increase in the pay range for the CPO provides for an annual salary                                 
that is less than the annual salary ordinarily paid a division director.                            
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
HB 249                                                                                            
HOUSE BILL NO. 249 by Representative McGuire, entitled:                                             
                                                                                                    
     "An Act relating to actions involving monopolies and restraint of                              
     trade; and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                                                                                    
SB 20                                                                                             
The following was read the second time:                                                             
                                                                                                    

2003-04-04                     House Journal                      Page 0788
     CS FOR SENATE BILL NO. 20(FIN)                                                                 
     "An Act relating to the Board of Marine Pilots and to marine                                   
     pilotage; extending the termination date of the Board of Marine                                
     Pilots; and providing for an effective date."                                                  
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 L&C RPT 6DP                                                             508                        
 FN1: (CED)                                                              509                        
 FIN RPT 10DP                                                            668                        
 FN1: (CED)                                                              668                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 20(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 20(FIN) was read the third time.                                                               
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
he be allowed to abstain from voting because of a conflict of interest.                             
Objection was heard, and Representative Weyhrauch was required to                                   
vote.                                                                                               
                                                                                                    
The question being:  "Shall CSSB 20(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSB 20(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   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, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Excused:  Heinze, Whitaker                                                                          
                                                                                                    
And so, CSSB 20(FIN) passed the House.                                                              
                                                                                                    

2003-04-04                     House Journal                      Page 0789
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSB 20(FIN) was signed by the Speaker and Chief Clerk and                                          
returned to the Senate.                                                                             
                                                                                                    
SB 74                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 74(RES) am                                                              
     "An Act extending the renewal period for oil discharge prevention                              
     and contingency plans; and providing for an effective date."                                   
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 FIN RPT 6DP 4NR                                                         635                        
 FN1: ZERO(DEC)                                                          636                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 74(RES) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSB 74(RES) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSSB 74(RES) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSSB 74(RES) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   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, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stoltze, Williams, Wilson, Wolf                                                    
                                                                                                    
Nays:  Weyhrauch                                                                                    
                                                                                                    

2003-04-04                     House Journal                      Page 0790
Excused:  Heinze, Whitaker                                                                          
                                                                                                    
And so, CSSB 74(RES) am passed the House.                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Weyhrauch gave notice of reconsideration of the vote                                 
on CSSB 74(RES) am.                                                                                 
                                                                                                    
                                                                                                    
                     SECOND READING OF HOUSE RESOLUTIONS                                         
                                                                                                    
HCR 11                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 11                                                             
     Relating to Alaska Salmon Day.                                                                 
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 FSH RPT CS(FSH) NT 4DP                                                  615                        
 FN1: ZERO(LEG)                                                          616                        
 RES RPT (FSH) NT 8DP                                                    760                        
 FN1: ZERO(LEG)                                                          760                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 11(FSH)                                                 
     Relating to Alaska Wild Salmon Day.                                                            
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Stoltze, Gatto, and                                  
Wolf:                                                                                               
                                                                                                    

2003-04-04                     House Journal                      Page 0791
Page 1, line 1 (title amendment):                                                                   
 Delete "Day"                                                                                     
 Insert "Week, June 30 - July 4, 2003"                                                            
                                                                                                    
Page 1, line 9, following "runs,":                                                                  
 Delete "an on-going"                                                                               
 Insert "on-going sport and commercial"                                                             
                                                                                                    
Page 1, line 12, following "Council":                                                               
 Insert "and the Alaska Department of Fish and Game"                                                
                                                                                                    
Page 1, line 14, following "and":                                                                   
 Insert "WHEREAS the individual harvesting of Alaska wild                                         
salmon is an important Alaskan tradition with immeasurable economic                                 
and personal benefits for hundreds of thousands of Alaskans; and"                                   
                                                                                                    
Page 2, line 3, following "designates":                                                             
 Delete "July 2, 2003, as Alaska Wild Salmon Day"                                                   
 Insert "the week of June 30 - July 4, 2003, as Alaska Wild Salmon                                  
Week,"                                                                                              
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "day"                                                                                       
 Insert "week"                                                                                      
                                                                                                    
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
Representative Stoltze moved and asked unanimous consent to                                         
withdraw Amendment No. 1.   There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
                                                                                                    
New Amendment No. 1 was offered  by Representatives Stoltze, Gatto,                                  
and Wolf:                                                                                           
                                                                                                    

2003-04-04                     House Journal                      Page 0792
Page 1, line 1 (title amendment):                                                                   
 Delete "Day"                                                                                     
 Insert "Week, June 30 - July 4, 2003"                                                            
                                                                                                    
Page 1, line 9, following "runs,":                                                                  
 Delete "an on-going"                                                                               
 Insert "on-going sport and commercial and subsistence"                                             
                                                                                                    
Page 1, line 12, following "Council":                                                               
 Insert "and the Alaska Department of Fish and Game"                                                
                                                                                                    
Page 1, line 14, following "and":                                                                   
 Insert "WHEREAS the individual harvesting of Alaska wild                                         
salmon is an important Alaskan tradition with immeasurable economic                                 
and personal benefits for hundreds of thousands of Alaskans; and                                    
                                                                                                    
 WHEREAS Alaska wild salmon have historically provided                                            
sustenance for generations in our state through traditional subsistence                             
and personal use harvest; and"                                                                      
                                                                                                    
Page 2, line 3, following "designates":                                                             
 Delete "July 2, 2003, as Alaska Wild Salmon Day"                                                   
 Insert "the week of June 30 - July 4, 2003, as Alaska Wild Salmon                                  
Week,"                                                                                              
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "day"                                                                                       
 Insert "week"                                                                                      
                                                                                                    
Representative Stoltze moved and asked unanimous consent that New                                   
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
Amendment to New Amendment No. 1 was offered  by Representative                                      
Stoltze:                                                                                            
                                                                                                    
Delete "sport and commercial and subsistence"                                                       
Insert "sport, commercial, and subsistence"                                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0793
Representative Wolf objected and withdrew the objection.  There                                     
being no further objection, Amendment to New Amendment No. 1                                        
was adopted.                                                                                        
                                                                                                    
There being no further objection, New Amendment No. 1 as amended                                    
was adopted and the new title follows:                                                              
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                         
     11(FSH) am                                                                                     
        Relating to Alaska Wild Salmon Week, June 30 - July 4, 2003.                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHCR 11(FSH) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHCR 11(FSH) am                                                                                    
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
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, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Excused:  Heinze, Whitaker                                                                          
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHCR 11(FSH) am passed the House and was referred to                                       
the Chief Clerk for engrossment.                                                                    
                                                                                                    
                                                                                                    
                    SECOND READING OF SENATE RESOLUTIONS                                         
                                                                                                    
SCR 4                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA)                                                 
     Relating to Avalanche Awareness Month.                                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0794
with the:                                                      Journal Page                         
                                                                                                    
 STA RPT HCS(STA) 7DP                                                    667                        
 FN1: ZERO(S.STA)                                                        668                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     HOUSE CS FOR CS FOR SENATE CONCURRENT                                                          
     RESOLUTION NO. 4(STA)                                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Morgan:                                               
                                                                                                    
Page 2, line 18, following "Ski Hill;"                                                              
 Insert "to the operators of the Alaska Trail Blazers, Inc.;"                                       
                                                                                                    
Representative Morgan moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
The question being:  "Shall HCS CSSCR 4(STA) am H pass the                                          
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSCR 4(STA) am H                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   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, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    

2003-04-04                     House Journal                      Page 0795
Excused:  Heinze, Whitaker                                                                          
                                                                                                    
And so, HCS CSSCR 4(STA) am H passed the House and was                                              
referred to the Chief Clerk for engrossment.                                                        
                                                                                                    
                            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:                             
                                                                                                    
Tribute to the Hunter, Robert Aiken, Sr., Sakkaaluk                                                 
By Representatives Joule, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring,                                       
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf;                                        
Senator Olson                                                                                       
                                                                                                    
Honoring - Mary and Joe Jensen, 50th Wedding Anniversary                                            
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg,                                   
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Commemorating - National Day of Prayer and Alaska Day of Prayer,                                    
May 1, 2003                                                                                         
By Senator Therriault; Representatives Kott, Anderson, Berkowitz,                                   
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams,                                  
Wilson, Wolf                                                                                        
                                                                                                    
                             UNFINISHED BUSINESS                                                 
                                                                                                    
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:                                                    
                                                                                                    

2003-04-04                     House Journal                      Page 0796
Representative Wolf - from 7:00 p.m., April 14 to morning plane time,                               
April 22, 2003                                                                                      
                                                                                                    
Representative Weyhrauch - from 8:00 a.m. to noon, May 3, 2003.                                     
                                                                                                    
HSCR 1                                                                                            
Representative Gara moved and asked unanimous consent that the                                      
following resolution be withdrawn from the Resources Committee:                                     
                                                                                                    
     HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1                                                      
     Disapproving Executive Order No. 107, relating to the transfer of                              
     certain functions of the Department of Fish and Game to the                                    
     Department of Natural Resources and to the transfer of certain                                 
     functions within the Department of Natural Resources.                                          
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
The question being:  "Shall HSCR 1 be withdrawn from the Resources                                  
Committee?"  The roll was taken with the following result:                                          
                                                                                                    
HSCR 1                                                                                              
Withdraw from Resources Committee                                                                   
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Moses, Seaton                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Williams,                                       
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Heinze, Whitaker                                                                          
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
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 McGuire - from 7:30 p.m., plane time, April 4 to                                     
9:00 a.m., April 6, 2003                                                                            

2003-04-04                     House Journal                      Page 0797
Representative Dahlstrom - from plane time, tonight to morning plane                                
time, April 7, 2003                                                                                 
                                                                                                    
                                                                                                    
HJR 9                                                                                             
The Speaker added a House Special Committee on Ways & Means                                         
referral to precede the State Affairs Committee referral for the                                    
following:                                                                                          
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 9                                                                   
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to an appropriation limit and a spending limit.                                       
                                                                                                    
HJR 9 was removed from the State Affairs Committee and referred to                                  
the House Special Committee on Ways & Means.                                                        
                                                                                                    
                                                                                                    
HB 205                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
     HOUSE BILL NO. 205                                                                             
     "An Act relating to service in the peace corps as an allowable                                 
     absence from the state for purposes of eligibility for permanent                               
     fund dividends and to the period for filing an application for a                               
     permanent fund dividend; authorizing the Department of Revenue                                 
     to issue administrative orders imposing sanctions for certain                                  
     misrepresentations or other actions concerning eligibility for a                               
     permanent fund dividend and providing for administrative appeal                                
     of those orders; and providing for an effective date."                                         
                                                                                                    
HB 205 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
SB 43                                                                                             
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
     CS FOR SENATE BILL NO. 43(FIN)                                                                 
     "An Act extending the termination date of the State Medical                                    
     Board."                                                                                        
                                                                                                    

2003-04-04                     House Journal                      Page 0798
CSSB 43(FIN) was removed from the Rules Committee and referred                                      
to the Finance Committee.                                                                           
                                                                                                    
HCR 10                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 10                                                             
     Relating to restoration of riparian habitat that is vital to the                               
     fisheries resources of the state.                                                              
                                                                                                    
HCR 11                                                                                            
Representatives Dahlstrom and Wilson added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                         
     11(FSH) am                                                                                     
        Relating to Alaska Wild Salmon Week, June 30 - July 4, 2003.                               
                                                                                                    
HCR 15                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 15                                                             
     Proposing amendments to the Uniform Rules of the Alaska State                                  
     Legislature relating to the introduction of measures; and providing                            
     for an effective date for the amendments.                                                      
                                                                                                    
HB 86                                                                                             
Representatives Foster, Rokeberg, Holm, Kott, Lynn, Chenault,                                       
Dahlstrom, and Wilson added their names as cosponsors to:                                           
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86                                                       
     "An Act relating to permits issued by the state; and amending                                  
     Rules 65, 79, and 82, Alaska Rules of Civil Procedure."                                        
                                                                                                    
HB 127                                                                                            
Representative Gatto added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 127                                                                             
     "An Act allowing certain roadside memorials to be placed within                                
     the right-of-way of a state highway."                                                          
                                                                                                    

2003-04-04                     House Journal                      Page 0799
HB 237                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 237                                                                             
     "An Act relating to introduction of measures in the legislature; and                           
     providing for an effective date."                                                              
                                                                                                    
SCR 1                                                                                             
Representative Wilson added her name as cross sponsor to:                                           
                                                                                                    
     CS FOR SENATE CONCURRENT RESOLUTION NO. 1(FIN)                                                 
     Relating to economic development generated by new road                                         
     construction and to the design and construction of the Hot Springs                             
     Loop Road to connect Chena Hot Springs and Circle Hot Springs,                                 
     of a highway along the Bradfield/Iskut Rivers transportation                                   
     corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to                              
     Pile Bay, and of other roads and highways.                                                     
                                                                                                    
SCR 4                                                                                             
Representative Samuels added his name as cross sponsor to:                                          
                                                                                                    
     HOUSE CS FOR CS FOR SENATE CONCURRENT                                                          
     RESOLUTION NO. 4(STA) am H                                                                     
     Relating to Avalanche Awareness Month.                                                         
                                                                                                    
SB 20                                                                                             
Representative Stoltze added his name as cross sponsor to:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 20(FIN)                                                                 
     "An Act relating to the Board of Marine Pilots and to marine                                   
     pilotage; extending the termination date of the Board of Marine                                
     Pilots; and providing for an effective date."                                                  
                                                                                                    
                                                                                                    
                                 ENGROSSMENT                                                     
                                                                                                    
HCR 11                                                                                            
CSHCR 11(FSH) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2003-04-04                     House Journal                      Page 0800
SCR 4                                                                                             
HCS CSSCR 4(STA) am H was engrossed, signed by the Speaker and                                      
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                                 ENROLLMENT                                                      
                                                                                                    
HB 16                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:16 p.m.,                                 
April 4, 2003:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 16(FIN) am                                                               
     "An Act amending, for purposes of the Alaska Stranded Gas                                      
     Development Act, the standards applicable to determining                                       
     whether a proposed new investment constitutes a qualified project,                             
     the standards used to determine whether a person or group                                      
     qualifies as a project sponsor or project sponsor group, and the                               
     deadline for applications relating to the development of contracts                             
     for payments in lieu of taxes and for royalty adjustments that may                             
     be submitted for consideration, and modifying the conditions                                   
     bearing on the use of independent contractors to evaluate                                      
     applications or to develop contract terms; providing statements of                             
     intent for the Act relating to use of project labor agreements and to                          
     reopening of contracts; and providing for an effective date."                                  
                                                                                                    
                                                                                                    
HB 139                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:55 a.m.,                                
April 4, 2003:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 139(RES)                                                                 
     "An Act approving an interim classification by the commissioner                                
     of natural resources closing certain land within the Glacier Creek                             
     and Winner Creek drainages to new mineral entry; and providing                                 
     for an effective date."                                                                        
                                                                                                    

2003-04-04                     House Journal                      Page 0801
                                ANNOUNCEMENTS                                                    
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                 ADJOURNMENT                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., April 7, 2003.  There being no                                      
objection, the House adjourned at 11:49 a.m.                                                        
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk                                          

2003-04-04                     House Journal                      Page 0802
                             HOUSE JOURNAL INDEX                                                 
                                                                                                    
HB  13 760-761                                                                                      
HB  16 800                                                                                          
HB  57 761-762                                                                                      
HB  86 798                                                                                          
HB 127 798                                                                                          
HB 139        758, 800                                                                              
HB 154 762-763                                                                                      
HB 165 763                                                                                          
HB 183 763-764                                                                                      
HB 184 764-765                                                                                      
HB 203 765                                                                                          
HB 205        765-766, 797                                                                          
HB 214 766-767                                                                                      
HB 237 799                                                                                          
HB 239 768-769                                                                                      
HB 240 769                                                                                          
HB 241 769                                                                                          
HB 242 769                                                                                          
HB 243 769-770                                                                                      
HB 244 770-777                                                                                      
HB 245 777-783                                                                                      
HB 246 783-784                                                                                      
HB 247 784-786                                                                                      
HB 248 786-787                                                                                      
HB 249 787                                                                                          
                                                                                                    
                                                                                                    
HCR  5 759-760                                                                                      
HCR 10 798                                                                                          
HCR 11        760, 790-793, 798-799                                                                 
HCR 15 798                                                                                          
HCR 16 768                                                                                          
                                                                                                    
                                                                                                    
HJR  9 797                                                                                          
                                                                                                    
HSCR 1 796                                                                                          
                                                                                                    

2003-04-04                     House Journal                      Page 0803
SB  20        87-789, 799                                                                           
SB  43        767, 797-798                                                                          
SB  45        759                                                                                   
SB  51        758                                                                                   
SB  74        789-790                                                                               
SB  83        767-768                                                                               
                                                                                                    
SCR  1        799                                                                                   
SCR  4        793-795, 799-800