Legislature(2003 - 2004)

2003-04-14 House Journal

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2003-04-14                     House Journal                      Page 0955
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                 TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday                   April 14, 2003                         
                                                                                                    
                             Eighty-fourth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:08 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representatives Chenault,                                     
Cissna, and Gara had been previously excused from a call of the                                     
House today.                                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Masek be excused from a call of the House today.                                     
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Sam Dalin of                                     
River of Glory Church.  Representative Coghill moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
                                                                                                    
     Let us pray.  To You, O Lord, do I cry.  Blessed be the Lord.                                  
     As we gather together from all the regions of Alaska, I ask for                                
     Your wisdom and guidance.  The job You have set before us                                      
     affects the lives of many people, so help us to do good for all.                               
     May we stand with an appreciation that You do indeed help as                                   
     we call on Your Name.  We thank You for this great land of                                     
     Alaska.  We pray in the Name of God the Father, God the                                        
     Son, and God the Holy Spirit.  Amen.                                                           
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Fate.                                            

2003-04-14                     House Journal                      Page 0956
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 81st, 82nd, and 83rd legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
HB 58                                                                                             
A message dated April 11, 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:                                    
                                                                                                    
     HOUSE BILL NO. 58                                                                              
     "An Act relating to the reinstatement of Native corporations; and                              
     providing for an effective date."                                                              
                                                                                                    
     Chapter No. 7, SLA 2003                                                                        
     Effective Date:  April 12, 2003                                                                
                                                                                                    
                                                                                                    
HB 68                                                                                             
A message dated April 11, 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:                                    
                                                                                                    
     CS FOR HOUSE BILL NO. 68(JUD)                                                                  
     "An Act relating to the jurisdiction of the office of victims' rights."                        
                                                                                                    
     Chapter No. 6, SLA 2003                                                                        
     Effective Date:  July 10, 2003                                                                 
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated April 11, 2003, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    

2003-04-14                     House Journal                      Page 0957
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 105                                                                                            
CS FOR SENATE BILL NO. 105(HES) am(efd fld) by the Senate                                           
Health, Education & Social Services Committee, entitled:                                            
                                                                                                    
     "An Act relating to eligibility requirements for medical assistance                            
     for certain children, pregnant women, and persons in a medical or                              
     intermediate care facility."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 108                                                                                            
SENATE BILL NO. 108 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to payment rates under the Medicaid program for                               
     health facilities and to budgeting, accounting, and reporting                                  
     requirements for those facilities; abolishing the Medicaid Rate                                
     Advisory Commission; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 109                                                                                            
SENATE BILL NO. 109 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
     "An Act repealing the statute that sets priorities for the                                     
     Department of Health and Social Services to apply to                                           
     administration of the medical assistance program when there are                                
     insufficient funds allocated in the state budget for that program;                             
     authorizing the department to make cost containment decisions                                  
     that may include decisions about eligibility of persons and                                    
     availability of services under the medical assistance program; and                             
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    

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SB 115                                                                                            
SENATE BILL NO. 115(efd fld) by the Senate Rules Committee by                                       
request of the Governor, entitled:                                                                  
                                                                                                    
     "An Act allowing expenses of the correctional industries program                               
     that may be financed from the correctional industries fund to                                  
     include the salaries and benefits of state employees."                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 123                                                                                            
SENATE BILL NO. 123 am by the Senate Rules Committee by                                             
request of the Governor, entitled:                                                                  
                                                                                                    
     "An Act relating to adoptions and guardianships that include a                                 
     subsidy payment by the state; eliminating annual review of the                                 
     subsidy paid by the state after adoption of a hard-to-place child                              
     has occurred or a court has appointed a legal guardian for a hard-                             
     to-place child; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 124                                                                                            
SENATE BILL NO. 124(efd fld) by the Senate Rules Committee by                                       
request of the Governor, entitled:                                                                  
                                                                                                    
     "An Act relating to grants for alcoholism and drug abuse                                       
     programs."                                                                                     
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 10                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 10                                                                              
     "An Act amending the definition of group health insurance, and                                 
     allowing the Department of Administration to obtain a policy or                                

2003-04-14                     House Journal                      Page 0959
     policies of group health care insurance for employers that are                                 
     small businesses, nonprofit organizations, special services                                    
     organizations, or small associations for insurance purposes; and                               
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 10(L&C)                                                                  
     "An Act relating to pooling by employers for purposes of group                                 
     health insurance; and providing for an effective date."                                        
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Gatto, Dahlstrom, Rokeberg, Anderson                                            
                                                                                                    
No recommendation (2):  Crawford, Guttenberg                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 10(L&C):                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of                                                 
Administration                                                                                      
                                                                                                    
HB 10 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
HB 92                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 92                                                                              
     "An Act relating to reports by members of the clergy and                                       
     custodians of clerical records who have reasonable cause to                                    
     suspect that a child has suffered harm as a result of child abuse or                           
     neglect."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 92(JUD)                                                                  
     "An Act relating to reports by members of the clergy who have                                  
     reasonable cause to suspect that a child has suffered harm as a                                
     result of child abuse or neglect."                                                             
                                                                                                    

2003-04-14                     House Journal                      Page 0960
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, McGuire                                                                    
                                                                                                    
No recommendation (5):  Gara, Samuels, Holm, Ogg, Anderson                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 92(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 92 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 102                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 102                                                                             
     "An Act relating to concealed deadly weapons."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 102(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gruenberg, Dahlstrom, Holm                                                            
                                                                                                    
No recommendation (3):  Seaton, Berkowitz, Weyhrauch                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 102(STA):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 102 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 163                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

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     HOUSE BILL NO. 163                                                                             
     "An Act relating to an annual wildlife conservation pass and the                               
     fee for that pass; relating to nonresident and nonresident alien big                           
     game tag fees; and providing for an effective date."                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 163(RES)                                                                 
     "An Act relating to an annual wildlife conservation pass; relating                             
     to nonresident and nonresident alien big game tag fees; relating to                            
     the application for and issuance of a license, tag, permit, or                                 
     wildlife conservation pass by the Department of Fish and Game;                                 
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Masek, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Heinze, Masek                                                                         
                                                                                                    
Do not pass (3):  Gatto, Kerttula, Guttenberg                                                       
                                                                                                    
No recommendation (3):  Lynn, Wolf, Morgan                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 163(RES):                                                
                                                                                                    
1.  Fiscal, Dept. of Fish & Game                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
HB 163 was referred to the Finance Committee.                                                       
                                                                                                    
HB 169                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 169                                                                             
     "An Act increasing the amount of revenue received by the state                                 
     from charitable gaming activities; and providing for an effective                              
     date."                                                                                         
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2003-04-14                     House Journal                      Page 0962
Do not pass (5):  Gatto, Crawford, Guttenberg, Dahlstrom, Anderson                                  
                                                                                                    
No recommendation (2):  Lynn, Rokeberg                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 169 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 195                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 195                                                                             
     "An Act relating to coverage offered under an individual policy of                             
     health care insurance; and providing for an effective date."                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 195(L&C)                                                                 
     "An Act relating to coverage offered under an individual policy of                             
     health care insurance; relating to the state health insurance plan;                            
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Gatto, Dahlstrom, Rokeberg, Anderson                                            
                                                                                                    
No recommendation (2):  Crawford, Guttenberg                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 195(L&C):                                                
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of Community                                       
& Economic Development                                                                              
                                                                                                    
HB 195 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    

2003-04-14                     House Journal                      Page 0963
HB 234                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 234                                                                             
     "An Act relating to brewpubs, and continuing the existence of the                              
     Alcoholic Beverage Control Board; and providing for an effective                               
     date."                                                                                         
                                                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 234(L&C)                                                                 
     "An Act relating to the sale of beer manufactured at a brewpub;                                
     continuing the existence of the Alcoholic Beverage Control                                     
     Board; and providing for an effective date."                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Dahlstrom, Rokeberg, Anderson                                               
                                                                                                    
No recommendation (3):  Lynn, Gatto, Guttenberg                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 234(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
                                                                                                    
HB 234 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - William J. Tobin                                                                         
By Senator Dyson                                                                                    
                                                                                                    
                                                                                                    

2003-04-14                     House Journal                      Page 0964
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 24                                                                                            
HOUSE JOINT RESOLUTION NO. 24 by Representatives Gruenberg                                          
and Dahlstrom:                                                                                      
                                                                                                    
     Relating to the Alaska-Yukon Intergovernmental Relations                                       
     Accord, to annual legislative exchanges, and to continuing                                     
     intergovernmental work on matters of joint concern and mutual                                  
     interest.                                                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 263                                                                                            
HOUSE BILL NO. 263 by Representative Rokeberg, entitled:                                            
                                                                                                    
     "An Act relating to the cash management subaccount in the                                      
     earnings reserve account."                                                                     
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 264                                                                                            
HOUSE BILL NO. 264 by Representative Rokeberg, entitled:                                            
                                                                                                    
     "An Act relating to the review of certain state public construction                            
     projects for compliance with building and other safety codes,                                  
     relating to the inspection of certain state public construction                                
     projects, and exempting certain state public construction projects                             
     from obtaining building permits from municipalities, from                                      
     municipal inspection during construction, and from complying                                   
     with a review requirement; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs, Labor & Commerce, and Finance Committees.                                                  
                                                                                                    

2003-04-14                     House Journal                      Page 0965
HB 265                                                                                            
HOUSE BILL NO. 265 by Representative Ogg, entitled:                                                 
                                                                                                    
     "An Act requiring an annual adjustment of the base student                                     
     allocation used in the formula for state funding of public                                     
     education; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 266                                                                                            
HOUSE BILL NO. 266 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to elections, questioned ballots and questioned                               
     voters, voter registration, training of election officials, preparation                        
     of election materials, voter identification, absentee voting,                                  
     counting ballots, and the primary election; and providing for an                               
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Administration                                                                   
                                                                                                    
The Governor's transmittal letter dated April 11, 2003, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to elections.                                                          
                                                                                                    
This bill would amend the state election code statutes as required to                               
comply with a recently enacted federal law, the "Help America Vote                                  
Act of 2002" (HAVA), P.L. 107-252 (H.R. 3295).  The HAVA was                                        
enacted to improve the states' administration of federal elections after                            

2003-04-14                     House Journal                      Page 0966
problems with the administration of those elections by certain states                               
was brought to light during the 2000 presidential election.  Many of                                
the reforms set out in the HAVA are intended to protect against                                     
election fraud and to ensure that the votes of all persons entitled to                              
vote are counted.                                                                                   
                                                                                                    
All of the states are required to comply with the HAVA, including                                   
amending state laws to comply.  To comply with the timelines in the                                 
HAVA, this bill must be passed by the legislature and enacted into law                              
this year.  Upon certification of compliance with the HAVA, each                                    
state is eligible to receive various payments from the federal                                      
government to use in implementing the requirements of the HAVA.                                     
Alaska is projected to receive payments of approximately $5,000,000                                 
per year for three years to implement the HAVA.                                                     
                                                                                                    
Alaska is fortunate because our modern state election code already                                  
includes many of the requirements of the HAVA, such as a statewide                                  
voter registration information database and provisional ("questioned")                              
voting.  However, the state election code does not contain a few of the                             
measures required by the HAVA -- this bill would make the necessary                                 
amendments.  A detailed description of those amendments follows.                                    
                                                                                                    
First, all sections in the election code that refer to "questioned ballots"                         
would be amended to refer to "provisional ballots."  The two terms are                              
synonymous, but the change would conform to the HAVA's use of the                                   
term "provisional" ballots.                                                                         
                                                                                                    
In sec. 2 of the bill, AS 15.07.055 would be amended to add a new                                   
subsection to require the director of elections to enter into an                                    
agreement with the Department of Administration, for motor vehicle                                  
information, and the Department of Revenue, for permanent fund                                      
dividend information, to match information with the division of                                     
elections (division) for first-time voter registrants who are registering                           
by mail, facsimile, or other electronic transmission.  This amendment                               
is required by sec. 303(b)(3)(B)(ii) of the HAVA.                                                   
                                                                                                    
Sections 3 and 6 of the bill would amend AS 15.07.060 to require that                               
applicants for voter registration supply certain additional information -                           
- an Alaska driver's license or identification card number, or the last                             
four digits of the applicant's social security number, if any of those                              

2003-04-14                     House Journal                      Page 0967
numbers have been issued to the applicant.  Under the bill, an                                      
applicant also would have to provide his or her date of birth.  Persons                             
who apply for registration for the first time by mail also would have to                            
provide one of the identifying numbers, and date of birth, that can be                              
verified through state agency records described in sec. 2 of the bill.  If                          
such an applicant has not been issued any of the identifying numbers,                               
the applicant may alternatively submit a copy of a photo identification.                            
For any applicant for voter registration who has not been issued any of                             
the required identifying numbers, the division would issue to the                                   
applicant a unique identifying number.  These amendments are                                        
required by secs. 303(a)(5)(A)(i) and (ii), 303(a)(5)(B)(i),                                        
303(b)(4)(A), and 303(b)(4)(B) of the HAVA.                                                         
                                                                                                    
The changes made by sec. 7 of the bill relate to procedures for                                     
providing a voter registration card to a voter who registers by mail,                               
facsimile, or other electronic transmission, and are to conform to the                              
HAVA's identification requirements for such voters.                                                 
                                                                                                    
Section 9 of the bill would amend AS 15.07.070(h) to require voter                                  
registration proof of identification information on the voter's certificate                         
for voting an absentee in-person ballot.  This amendment is required                                
by sec. 303(b) of the HAVA.                                                                         
                                                                                                    
Section 13 of the bill would amend AS 15.15.040 to require that                                     
certain information be available at polling places, such as how to cast                             
a provisional ballot, instructions for first-time voters, prohibitions on                           
fraud, and how to report violations.  This amendment is required by                                 
sec. 302(b)(2) of the HAVA.                                                                         
                                                                                                    
Section 14 of the bill would amend AS 15.15.198 to require that a                                   
voter who casts a provisional ballot receive information on whether                                 
the ballot was counted.  This amendment is required by sec. 302 of the                              
HAVA.                                                                                               
                                                                                                    
Section 16 of the bill would amend AS 15.15.225 to specify the forms                                
of identification that a voter must exhibit at the polls before voting.                             
These amendments are required by secs. 303(b)(1) and 303(b)(2)(A)(i)                                
and (ii) of the HAVA.                                                                               
                                                                                                    

2003-04-14                     House Journal                      Page 0968
Section 18 of the bill would amend AS 15.15.360(a) on the rules for                                 
counting ballots, to provide a uniform definition of what constitutes a                             
vote as required by sec. 302(a)(6) of the HAVA.                                                     
                                                                                                    
Section 21 of the bill would amend AS 15.20.081(f) to require that                                  
first-time voters who initially registered by mail, facsimile, or other                             
electronic transmission and who are voting absentee by mail, must                                   
provide certain identifying information if they have not already                                    
provided identifying information specified by AS 15.07.060.  Section                                
21 also would make it mandatory, rather than discretionary, that the                                
director of elections, by regulation, require proof of identification for                           
any voter who votes absentee by mail - - existing regulations already                               
provide for that identification requirement.  These amendments are                                  
required by sec. 303(b)(2)(A)(ii) of the HAVA.                                                      
                                                                                                    
Section 22 of the bill would amend AS 15.20.081 to add a new subsec.                                
(i) to allow the absentee ballot applications of absent uniformed                                   
services voters and absent overseas voters to be valid through the next                             
two federal elections.  This amendment is required by sec. 704 of the                               
HAVA.                                                                                               
                                                                                                    
Section 25 of the bill would amend AS 15.20.203(b) to specify that the                              
absentee ballot of a first-time voter who registered by mail, facsimile,                            
or other electronic transmission will not be counted if the proper                                  
identification has not been provided.  This amendment is required by                                
sec. 302(b)(2) of the HAVA.                                                                         
                                                                                                    
Section 26 of the bill would repeal and reenact AS 15.20.203(h) to                                  
provide for a free access system for absentee voters to use to                                      
determine whether their ballot was counted.  An example of a free                                   
access system is a toll-free phone number for voters to call.  The free                             
access system would replace the current system of mailing individual                                
notice to voters.  This change is required by sec. 302(b)(2) of the                                 
HAVA.                                                                                               
                                                                                                    
Section 29 of the bill would amend AS 15.20.207(b) to specify that the                              
provisional ballot of a first-time voter who registered by mail,                                    
facsimile, or other electronic transmission will not be counted if the                              
proper identification has not been provided.  This amendment is                                     
required by secs. 302(a)(5)(A), 303(b)(1), 303(b)(2)(A)(i) and (ii), and                            
303(b)(3)(B) of the HAVA.                                                                           
                                                                                                    

2003-04-14                     House Journal                      Page 0969
Section 35 of the bill would repeal and reenact AS 15.20.207(h) to                                  
require a free access system, as described above, for voters to use to                              
determine whether their provisional ballot was counted.  This change                                
is required by sec. 302(a)(5)(B) of the HAVA.                                                       
                                                                                                    
Section 41 of the bill would repeal statutes that are no longer                                     
necessary due to the changes described above.                                                       
                                                                                                    
Other changes proposed in the bill are not required by the HAVA.                                    
Section 4 of the bill would make "housekeeping" changes to                                          
AS 15.07.060(b) regarding voter registration or identification cards                                
from another jurisdiction.  Section 5 of the bill would amend                                       
AS 15.07.060(c) to allow for additional acceptable forms of                                         
identification for in-person voter registration.  Section 8 of the bill                             
would make "housekeeping" changes to AS 15.07.070(d).  Section 12                                   
of the bill would amend AS 15.10.107 to update the statute and reflect                              
current division practices.  Section 16 of the bill includes the repeal of                          
language allowing additional forms of voter identification to be                                    
prescribed by regulation.  Section 23 of the bill would amend                                       
AS 15.20.082(a), regarding special absentee ballots, to expand the                                  
group eligible to use these ballots to include persons in remote areas of                           
Alaska; this change would duplicate the changes proposed by SB 24,                                  
introduced on January 23, 2003.  Sections 25 and 29 of the bill would                               
amend AS 15.20.203(b) and 15.20.207(b), respectively, to specify that                               
absentee in-person ballots and provisional ballots will not be counted                              
if the voter has not provided the proper identification and was not                                 
personally known by the election official.  Sections 38 - 40 of the bill                            
would amend statutes regarding the primary election by replacing the                                
terms "nonpartisan" and "undeclared" with the term "unaffiliated" in                                
identifying voters who are not affiliated with a political party, to                                
streamline references to such voters.                                                               
                                                                                                    
This bill must be enacted this year in order to comply with the                                     
timelines for various requirements set out in the HAVA.  Therefore, I                               
urge your prompt and favorable action on this measure.                                              
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         

2003-04-14                     House Journal                      Page 0970
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 49                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 49                                                                              
     "An Act relating to the DNA identification registration system;                                
     and providing for an effective date."                                                          
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) NT 6DP 1NR                                             614                         
 FN1: ZERO(DPS)                                                         614                         
 FN2: ZERO(LAW)                                                         614                         
 FN3: INDETERMINATE(ADM)                                                614                         
 FIN RPT CS(JUD) NT 7DP 2NR                                             907                         
 FN1: ZERO(DPS)                                                         907                         
 FN2: ZERO(LAW)                                                         907                         
 FN3: INDETERMINATE(ADM)                                                907                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 49(JUD)                                                                  
     "An Act relating to the deoxyribonucleic acid (DNA)                                            
     identification registration system and testing; and providing for an                           
     effective date."                                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 49(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSHB 49(JUD) will advance to third reading on tomorrow's calendar.                                  
                                                                                                    

2003-04-14                     House Journal                      Page 0971
HB 98                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 98                                                                              
     "An Act relating to sport fishing seasons and areas for persons                                
     under 16 years of age."                                                                        
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FSH RPT 6DP                                                            669                         
 FN1: ZERO(DFG)                                                         670                         
 FN2: ZERO(DPS)                                                         670                         
 RES RPT 8DP                                                            908                         
 FN1: ZERO(DFG)                                                         908                         
 FN2: ZERO(DPS)                                                         908                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 98 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
HB 98 was read the third time.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall HB 98 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 98                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Chenault, Cissna, Gara, Masek                                                             
                                                                                                    
And so, HB 98 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    

2003-04-14                     House Journal                      Page 0972
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HCR 7                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 7                                                              
     Proposing an amendment to the Uniform Rules of the Alaska State                                
     Legislature relating to executive sessions of legislative bodies; and                          
     providing for an effective date for the amendment.                                             
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 RLS RPT CS(RLS) 5DP 1NR                                                925                         
 FN1: ZERO(LEG)                                                         926                         
                                                                                                    
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. 7(RLS)                                       
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The question being:  "Shall CSHCR 7(RLS) pass the House?"  The                                      
roll was taken with the following result:                                                           
                                                                                                    
CSHCR 7(RLS)                                                                                        
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Chenault, Cissna, Gara, Masek                                                             
                                                                                                    
And so, CSHCR 7(RLS) passed the House.                                                              
                                                                                                    

2003-04-14                     House Journal                      Page 0973
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the resolution be considered the roll call on                           
the effective date clause.  There being no objection, it was so ordered.                            
                                                                                                    
CSHCR 7(RLS) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
                                                                                                    
                   SECOND READING OF SENATE RESOLUTIONS                                          
                                                                                                    
SJR 7                                                                                             
The following was read the second time:                                                             
                                                                                                    
     SENATE JOINT RESOLUTION NO. 7                                                                  
     Expressing support for Vancouver, British Columbia's, bid for the                              
     2010 Olympic Winter Games and the Paralympic Winter Games.                                     
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 EDT RPT HCS(EDT) 6DP                                                   735                         
 FN1: ZERO(LEG)                                                         736                         
 STA RPT HCS(EDT) 5DP                                                   933                         
 FN1: ZERO(LEG)                                                         933                         
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(EDT)                                                
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SJR 7(EDT) be considered engrossed, advanced to third reading, and                                  
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HCS SJR 7(EDT) was read the third time.                                                             
                                                                                                    

2003-04-14                     House Journal                      Page 0974
The question being:  "Shall HCS SJR 7(EDT) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
HCS SJR 7(EDT)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Chenault, Cissna, Gara, Masek                                                             
                                                                                                    
And so, HCS SJR 7(EDT) 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:                             
                                                                                                    
Honoring - Colonel Randy Crawford, Alaska State Troopers,                                           
Retirement                                                                                          
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
Honoring - Mrs. Rica Niemi Swanson                                                                  
By Senator Green; Representatives Kott, Anderson, Berkowitz,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    

2003-04-14                     House Journal                      Page 0975
Honoring - National Correctional Officers' Week, May 4-10, 2003                                     
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
In Memoriam - Thelma L. Isaacs                                                                      
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, 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:                                                    
                                                                                                    
Representative Crawford - from 7:00 p.m., April 17 to 10:00 a.m.,                                   
April 22, 2003                                                                                      
                                                                                                    
Representative Joule - from 7:00 p.m., April 16 to 7:00 p.m.,                                       
April 20, 2003                                                                                      
                                                                                                    
Representative Moses - from 7:00 a.m., April 17 to 10:00 p.m., plane                                
time, April 21, 2003                                                                                
                                                                                                    
Representative Holm - from 7:00 p.m., April 17 to 10:00 a.m.,                                       
April 22, 2003                                                                                      
                                                                                                    
Representative Kohring - from 7:00 a.m., April 15 to 10:00 p.m.,                                    
April 17, 2003                                                                                      
                                                                                                    
Representative Kookesh - from 8:00 a.m. to 5:00 p.m., April 15, 2003                                
                                                                                                    
Representative Kott - from 1:00 p.m. to plane time, April 15, 2003                                  
                                                                                                    

2003-04-14                     House Journal                      Page 0976
HSCR 1                                                                                            
Representative Berkowitz added his name as cosponsor to:                                            
                                                                                                    
     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.                                          
                                                                                                    
                                                                                                    
HJR 3                                                                                             
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                                  
     NO. 3                                                                                          
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to the Alaska permanent fund.                                                         
                                                                                                    
HB 10                                                                                             
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 10                                                                              
     "An Act amending the definition of group health insurance, and                                 
     allowing the Department of Administration to obtain a policy or                                
     policies of group health care insurance for employers that are                                 
     small businesses, nonprofit organizations, special services                                    
     organizations, or small associations for insurance purposes; and                               
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
HB 15                                                                                             
Representative Hawker added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 15                                                                              
     "An Act relating to establishing the Alaska No-Call List, a data                               
     base of residential telephone customers who do not wish to                                     
     receive telephonic solicitations; providing that the data base be                              
     compiled at no cost to the customers; requiring paid telephonic                                
     sellers to purchase the data base; requiring telephonic sellers to                             
     identify themselves; requiring telephonic solicitors who are                                   

2003-04-14                     House Journal                      Page 0977
     otherwise exempt from registration as telephonic solicitors to file                            
     with the Department of Law and purchase the data base; and                                     
     providing for an effective date."                                                              
                                                                                                    
HB 49                                                                                             
Representatives Dahlstrom and Meyer added their names as                                            
cosponsors to:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 49(JUD)                                                                  
     "An Act relating to the deoxyribonucleic acid (DNA)                                            
     identification registration system and testing; and providing for an                           
     effective date."                                                                               
                                                                                                    
HB 98                                                                                             
Representatives Dahlstrom, Kerttula, Meyer, Kookesh, Lynn, and Ogg                                  
added their names as cosponsors to:                                                                 
                                                                                                    
     HOUSE BILL NO. 98                                                                              
     "An Act relating to sport fishing seasons and areas for persons                                
     under 16 years of age."                                                                        
                                                                                                    
HB 102                                                                                            
Representatives Holm and Seaton added their names as cosponsors to:                                 
                                                                                                    
     HOUSE BILL NO. 102                                                                             
     "An Act relating to concealed deadly weapons."                                                 
                                                                                                    
HB 177                                                                                            
Representative Hawker added his name as cosponsor to:                                               
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                      
     "An Act relating to concealed handguns."                                                       
                                                                                                    
HB 194                                                                                            
Representative Hawker added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 194                                                                             
     "An Act creating a tax credit under the Alaska Net Income Tax                                  
     Act for contributions to regional development organizations; and                               
     providing for an effective date."                                                              
                                                                                                    

2003-04-14                     House Journal                      Page 0978
                             EXECUTIVE ORDERS                                                    
                                                                                                    
EO 106                                                                                            
The House did not disapprove the following executive order within 60                                
days and it was transmitted to the Office of the Governor at                                        
10:05 a.m., April 14, 2003:                                                                         
                                                                                                    
     EXECUTIVE ORDER NO. 106                                                                        
     Transferring the Alaska Coastal Policy Council from the Office of                              
     the Governor to the Department of Natural Resources.                                           
                                                                                                    
                                                                                                    
EO 107                                                                                            
The House did not disapprove the following executive order within 60                                
days and it was transmitted to the Office of the Governor at                                        
10:05 a.m., April 14, 2003:                                                                         
                                                                                                    
     EXECUTIVE ORDER NO. 107                                                                        
     Transferring certain functions relating to the protection of fish                              
     habitat in rivers, lakes, and streams of the state, and related                                
     functions regarding fish and game protection, from the                                         
     Department of Fish and Game to a deputy commissioner of                                        
     natural resources.                                                                             
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HCR 7                                                                                             
CSHCR 7(RLS) was engrossed, signed by the Speaker and Chief                                         
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 98                                                                                             
HB 98 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 214                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    

2003-04-14                     House Journal                      Page 0979
     CS FOR HOUSE BILL NO. 214(JUD)                                                                 
     "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."                               
                                                                                                    
SJR 7                                                                                             
HCS SJR 7(EDT) was engrossed, signed by the Speaker and Chief                                       
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 15, 2003.  There being no                                     
objection, the House adjourned at 11:52 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk