Legislature(2003 - 2004)
2004-02-16 House Journal
Full Journal pdf2004-02-16 House Journal Page 2583 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 16, 2004 Thirty-sixth Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:53 a.m. Roll call showed 35 members present. Representatives Moses and Williams had been previously excused from a call of the House today. Representative Kerttula was absent and her presence was noted later. Representative Joule was absent and excused later. Representative Coghill moved and asked unanimous consent that Representative Kookesh be excused from a call of the House today to 9:30 p.m. February 17, 2004. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Patrick Brayton of the Valley Chapel. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Heavenly Father, I acknowledge You as the sovereign Lord of heaven and earth and because You are God, I look to You as the source of all wisdom and blessing. Please give aid to these dedicated men and women who govern over us and allow them to be a great blessing to the people of Alaska. When difficulties beset them, may they receive from You both supernatural help and clear direction. When controversy divides them, may Your spirit of wisdom and love bring them together in a just and godly solution. Lord, I also ask that Your blessings will be manifest in the personal lives of those who serve us here in 2004-02-16 House Journal Page 2584 these chambers. May they and their families enjoy the peace and prosperity of soul that comes from Your presence. May they experience Your love firsthand and find security in Your arms. For this I pray in Jesus' Name. Amen. The Pledge of Allegiance was led by Representative Guttenberg. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 29th, 30th, 31st, 32nd, 33rd, 34th, and 35th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker ordered the House at ease to allow members of the Senate to enter the Chamber. AFTER AT EASE The Speaker called the House back to order at 11:02 a.m. **The presence of Representative Kerttula was noted. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Kott turned the gavel over to President pro tempore Ben Stevens who called the joint session to order at 11:03 a.m. The purpose of the joint session was to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Wagoner, Acting Majority Leader, moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. 2004-02-16 House Journal Page 2585 President pro tempore Ben Stevens appointed Representative Stepovich and Senator French to escort the Senator to the joint session. The Senate Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Ted Stevens was escorted to the rostrum and welcomed by President pro tempore Ben Stevens. Senator Ted Stevens delivered his address and it is published in Senate and House Joint Journal Supplement No. 14. A question and answer period followed the conclusion of the Senator's speech. Senator Ted Stevens received a standing ovation and was escorted from the Chamber by Representative Stepovich and Senator French. Senator Wagoner moved and asked unanimous consent that the joint session adjourn. There being no objection, President pro tempore Ben Stevens adjourned the joint session at 12:07 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 12:23 p.m. Representative Coghill moved and asked unanimous consent that Representative Joule be excused from a call of the House today. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 209 A message dated February 13, 2004, 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: 2004-02-16 House Journal Page 2586 CS FOR HOUSE BILL NO. 209(RLS) "An Act relating to municipal property tax adjustments for property affected by a disaster." Chapter No. 1, SLA 2004 Effective Date: May 13, 2004 MESSAGES FROM THE SENATE A message dated February 13, 2004, was read stating that the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 by Senators Ben Stevens, Lincoln, and Elton: Relating to declaring March 2004 as Sobriety Awareness Month. was read the first time and referred to the Rules Committee for placement on the calendar. COMMUNICATIONS Letters of disclosure, as required by AS 24.60, were published in House Journal Supplement No. 5 and House and Senate Joint Journal Supplement No. 13. REPORTS OF STANDING COMMITTEES HB 213 The Labor & Commerce Committee has considered: HOUSE BILL NO. 213 "An Act relating to a provisional driver's license and to issuance of a driver's license; and providing for an effective date." 2004-02-16 House Journal Page 2587 and recommends it be replaced with: CS FOR HOUSE BILL NO. 213(L&C) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (5): Crawford, Lynn, Gatto, Dahlstrom, Anderson The following fiscal note(s) apply to CSHB 213(L&C): 1. Fiscal, Dept. of Administration HB 213 was referred to the Finance Committee. HB 386 The Labor & Commerce Committee has considered: HOUSE BILL NO. 386 "An Act exempting contracts of the Alaska Natural Gas Development Authority from the State Procurement Code; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Crawford, Lynn, Anderson No recommendation (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Dept. of Revenue HB 386 was referred to the House Special Committee on Oil & Gas. 2004-02-16 House Journal Page 2588 INTRODUCTION OF CITATIONS Honoring - Aware Women of Distinction 2004, Beth Belflower, Mildred Boesser, Laury Roberts Scandling, and Vicki Soboleff By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Edward Lee Gorsuch By Senator Davis The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Victims of the August 20, 2003, Russian Helicopter Crash on Sakhalin Island By Representatives Weyhrauch, Kerttula; Senator Elton INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 29 HOUSE CONCURRENT RESOLUTION NO. 29 by Representatives Heinze and McGuire: Relating to support for therapeutic courts for repeat driving while under the influence offenders. was read the first time and referred to the Judiciary Committee. HCR 30 HOUSE CONCURRENT RESOLUTION NO. 30 by Representative Kohring: Relating to the elimination or merger of departments within the executive branch of state government. was read the first time and referred to the State Affairs and Finance Committees. 2004-02-16 House Journal Page 2589 HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 by Representative McGuire: Proclaiming March 2004 as Traumatic Brain Injury Awareness Month. was read the first time and referred to the Health, Education & Social Services Committee. HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 by Representative Kott: Relating to information infrastructure and establishing the Alaska Information Infrastructure Policy Task Force. was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism and the Finance Committee. HJR 37 HOUSE JOINT RESOLUTION NO. 37 by Representative Hawker: Proposing amendments to the Constitution of the State of Alaska creating the gas revenue endowment fund, relating to deposits to the fund, limiting appropriations from the fund based on an averaged percent of the fund market value, relating to deposits to the permanent fund, and relating to deposits to the budget reserve fund. was read the first time and referred to the Judiciary and Finance Committees. HJR 38 HOUSE JOINT RESOLUTION NO. 38 by Representative Kohring: Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend, establishing the earnings reserve account, and relating to the Alaska permanent fund. 2004-02-16 House Journal Page 2590 was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. HJR 39 HOUSE JOINT RESOLUTION NO. 39 by Representative Kohring: Proposing an amendment to the Constitution of the State of Alaska relating to education. was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services, Judiciary, and Finance Committees. HJR 40 HOUSE JOINT RESOLUTION NO. 40 by Representative Gara: Relating to a commitment that any bill replacing an initiative that was certified to be placed on the ballot not be amended for at least two years after enactment; and to a commitment to refrain from passing a bill that would void an initiative to allow direct elections to fill vacancies in the office of United States Senator. was read the first time and referred to the State Affairs and Judiciary Committees. HJR 41 HOUSE JOINT RESOLUTION NO. 41 by Representative Kerttula: Relating to support for the Federal Land Recreational Visitor Protection Act. was read the first time and referred to the Resources Committee. HJR 42 HOUSE JOINT RESOLUTION NO. 42 by Representatives Crawford, Kerttula, and Gara: 2004-02-16 House Journal Page 2591 Requesting Exxon Mobil Corporation to pay claimants for court- ordered damages resulting from the Exxon Valdez oil spill. was read the first time and referred to the Resources Committee. HJR 43 HOUSE JOINT RESOLUTION NO. 43 by Representative Berkowitz by request: Proposing amendments to the Constitution of the State of Alaska relating to appropriations from the Alaska permanent fund to be used for a program of dividends for all state residents and providing a conditional effect and effective date for the amendment. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 273 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273 by Representative McGuire, entitled: "An Act relating to the right of a parent to waive a child's claim of negligence against a provider of sports or recreational activities." was read the first time and referred to the Judiciary Committee. HB 365 HOUSE BILL NO. 365 by Representatives Crawford and Gara, entitled: "An Act relating to secondary school competency examinations, graduation requirements, and diplomas; 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 Committee. 2004-02-16 House Journal Page 2592 HB 441 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 441 by Representatives Gara, Croft, Guttenberg, and Kerttula, entitled: "An Act amending the oil and gas properties production (severance) tax as it relates to oil to require payment of a tax of at least five percent of the gross value at the point of production before any price adjustments authorized by this Act, to modify the mechanism for calculating the effective tax rate, to provide for adjustments to the tax when the prevailing value of the oil exceeds $20 per barrel or falls below $16 per barrel and to limit the effect of the adjustments, to exempt certain kinds of oil from application of the adjustments, and to waive and defer payment of portions of the tax on oil when its prevailing value falls below $10 per barrel; and providing for an effective date." was read the first time and referred to the House Special Committee on Ways & Means and the Resources and Finance Committees. HB 451 HOUSE BILL NO. 451 by the House Rules Committee by request, entitled: "An Act relating to therapeutic courts; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 452 HOUSE BILL NO. 452 by Representative Heinze, entitled: "An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. 2004-02-16 House Journal Page 2593 HB 453 HOUSE BILL NO. 453 by Representative Heinze, entitled: "An Act exempting from regulation under the Alaska Public Utilities Regulatory Act wholesale agreements for the sale of power by joint action agencies and contracts related to those agreements, and joint action agencies composed of public utilities of political subdivisions and utilities organized under the Electric and Telephone Cooperative Act." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 454 HOUSE BILL NO. 454 by Representatives Berkowitz, Gara, and Anderson, entitled: "An Act increasing the duration of certain provisions of domestic violence protective orders from six months to one year." was read the first time and referred to the Judiciary Committee. HB 455 HOUSE BILL NO. 455 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental and other appropriations; amending appropriations; making an appropriation to capitalize a fund; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated February 9, 2004, follows: "Dear Speaker Kott: Today I am transmitting two supplemental appropriation bills for Fiscal Year 2004. This bill, sometimes referred to as the "fast track" 2004-02-16 House Journal Page 2594 supplemental bill, includes items that have particularly tight time requirements that are not accommodated by the usual passage of supplemental appropriations later in the spring. The "fast track" supplemental totals $4.1 million in general funds. Our management goal was to include requests for circumstances that were not within the departments' control or were unanticipated when the FY 2004 budget was finalized, such as reimbursement of the information services fund due to the ACS settlement, federal requirements per the Help America Vote Act, and an expedited timeframe for the state veterans' home conversion in Palmer. In addition, we are requesting federal funds of $93.4 million for the veterans' home conversion in Palmer, to implement the federal contract for the Adak air facility, and for federal project earmarks in the transportation bill (along with the projects' match requirement) that must be obligated before September 30, 2004. I request that you put this bill on a "fast track" for final action in early March. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 456 HOUSE BILL NO. 456 by the House Rules Committee by request of the Governor, entitled: "An Act making supplemental and other appropriations; amending and repealing appropriations; making appropriations to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated February 9, 2004, follows: "Dear Speaker Kott: I am transmitting to you today two supplemental appropriation bills for Fiscal Year 2004. Issues requiring attention on an expedited basis 2004-02-16 House Journal Page 2595 are in a separate "fast track" bill. This bill includes supplemental needs with less immediate timing requirements. We are submitting a combined package (both "fast track" and regular) that totals $5.4 million in general funds. This reflects our administration's commitment to doing all we can to manage programs within the budget approved by the Legislature. There are, however, always circumstances beyond our management control such as inmate health care costs for critically ill inmates and caseload growth in several programs. This bill totals $820 thousand in general funds. In some instances, we have been able to cover shortfalls in one area by excess appropriations in another. For instance, based on current estimates of general funds needed for the foundation formula, $3.6 million can be transferred to cover other supplemental needs. The general fund capitalization of the debt retirement fund may also be reduced for two reasons: 1) the amount available for school debt reimbursement from the public school fund is higher than anticipated, and 2) the actual amount of school debt reimbursement is lower than anticipated. The administration's goal is to do all we can to limit supplemental requests. To that end, we look forward to working with you on the funding levels for the Fiscal Year 2005 operating budget. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 457 HOUSE BILL NO. 457 by Representatives Wilson and Gara, entitled: "An Act providing for differentiated secondary school diplomas; and providing for an effective date." 2004-02-16 House Journal Page 2596 was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services Committee. HB 458 HOUSE BILL NO. 458 by Representative Moses by request, entitled: "An Act relating to a one-day commercial fishing crewmember license." was read the first time and referred to the Labor & Commerce Committee, the House Special Committee on Fisheries, and the Resources Committee. HB 459 HOUSE BILL NO. 459 by Representatives Gara, Crawford, and Guttenberg, entitled: "An Act requiring an auditable paper trail for electronic voting machines; and providing for an effective date." was read the first time and referred to the State Affairs Committee. HB 460 HOUSE BILL NO. 460 by Representative Kerttula, entitled: "An Act relating to absences to provide care for certain relatives for purposes of permanent fund dividend eligibility; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 461 HOUSE BILL NO. 461 by Representative Holm, entitled: "An Act relating to enhanced 911 surcharges and to emergency services dispatch systems of municipalities, certain villages, and public corporations established by municipalities." 2004-02-16 House Journal Page 2597 was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. HB 462 HOUSE BILL NO. 462 by Representative Kohring, entitled: "An Act relating to the longevity bonus program; and providing for an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services, and Finance Committees. HB 463 HOUSE BILL NO. 463 by Representative Berkowitz, entitled: "An Act relating to a poll of legislators on the question of calling a special session." was read the first time and referred to the Judiciary Committee. HB 464 HOUSE BILL NO. 464 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act extending the termination date of the Board of Certified Real Estate Appraisers." was read the first time and referred to the Labor & Commerce Committee. HB 465 HOUSE BILL NO. 465 by the House Resources Committee, entitled: "An Act amending the purpose of the Alaska Natural Gas Development Authority to include planning, developing, constructing, managing, or operating an economically viable gas pipeline project from the North Slope of Alaska by a route that parallels the Trans Alaska Pipeline System or the Alaska Highway; authorizing evaluation of opportunities for private sector involvement in the project; amending requirements related 2004-02-16 House Journal Page 2598 to the Authority's preparation of a development plan; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 466 HOUSE BILL NO. 466 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to investments of Alaska permanent fund assets; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 467 HOUSE BILL NO. 467 by Representative Anderson, entitled: "An Act establishing an Alaska Commemorative Coin Commission to develop the design concepts and to make recommendations regarding the final design of the Alaska quarter under the 50 States Commemorative Coin Program Act; and providing for an effective date." was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 468 HOUSE BILL NO. 468 by the House Labor and Commerce Committee, entitled: "An Act relating to the amount of the bond required to stay execution of a judgment in civil litigation involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco product Master Settlement Agreement during an appeal; amending Rules 204 and 205, Alaska Rules of Appellate Procedure; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 2004-02-16 House Journal Page 2599 HB 469 HOUSE BILL NO. 469 by Representative Kohring, entitled: "An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and increasing deposits from certain of those sources." was read the first time and referred to the Resources and Finance Committees. HB 470 HOUSE BILL NO. 470 by Representative Moses, entitled: "An Act relating to the taxation of income." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. HB 471 HOUSE BILL NO. 471 by the House Special Committee on Education, entitled: "An Act relating to the 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 472 HOUSE BILL NO. 472 by Representative Anderson, entitled: "An Act relating to claims for personal injury or wrongful death against health care providers; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 2004-02-16 House Journal Page 2600 HB 473 HOUSE BILL NO. 473 by Representative Seaton by request of the Joint Legislative Salmon Industry Task Force, entitled: "An Act relating to limited joint venture fish processing businesses and to liability for the payment of the fisheries business tax; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce and Resources Committees. HB 474 HOUSE BILL NO. 474 by Representatives Holm and McGuire, entitled: "An Act relating to civil liability associated with aircraft runways, airfields, and landing areas." was read the first time and referred to the Judiciary Committee. HB 475 HOUSE BILL NO. 475 by Representative Kohring, entitled: "An Act prohibiting the hiring of certain state employees, except while a declared condition of disaster emergency is in effect; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs, and Judiciary Committees. HB 476 HOUSE BILL NO. 476 by Representative Anderson, entitled: "An Act establishing the Alaska Statehood Celebration Commission; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2004-02-16 House Journal Page 2601 HB 477 HOUSE BILL NO. 477 by Representatives Gara and Kapsner, entitled: "An Act relating to 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 478 HOUSE BILL NO. 478 by Representative Wilson, entitled: "An Act relating to the issuance of commercial fishing interim-use permits; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 479 HOUSE BILL NO. 479 by Representative Kohring, entitled: "An Act establishing an education fund and a land endowment for 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 480 HOUSE BILL NO. 480 by Representative Kohring, entitled: "An Act relating to organization of the public school system; 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 Community & Regional Affairs Committees. 2004-02-16 House Journal Page 2602 HB 481 HOUSE BILL NO. 481 by Representatives Kerttula and Gatto, entitled: "An Act reimposing the corporate income tax on income from large commercial passenger vessels operated by certain foreign corporations." was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism, the House Special Committee on Ways & Means, and the Finance Committee. HB 482 HOUSE BILL NO. 482 by Representative Croft, entitled: "An Act levying and collecting a tax on certain North Slope natural gas in place if certain requirements relating to its sale and delivery are not met; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 483 HOUSE BILL NO. 483 was not introduced. HB 484 HOUSE BILL NO. 484 by the House Rules Committee by request of the Governor, entitled: "An Act imposing a correctional facility surcharge on persons convicted of a crime under state law, and on persons whose probation is revoked; relating to fees and expenses for interstate transfer of probation or parole; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 2004-02-16 House Journal Page 2603 The following fiscal note(s) apply: 1. Fiscal, Dept. of Law The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill that would impose a surcharge on persons convicted of an offense and on persons whose probation is revoked. The bill also would require a person under state probation or parole supervision to pay an application fee for a requested transfer of that supervision to another state. Alaska has an urgent need to mitigate the cost of its correctional facilities. The bill imposes a surcharge on a person who pleads guilty or nolo contendere to, or is convicted of, a crime if the person was arrested and taken to a correctional facility or is sentenced to a term of imprisonment. The amount of the surcharge depends on the seriousness of the crime: $100 for a felony and $50 for a misdemeanor. The bill also would impose a surcharge on a person placed on probation after conviction of a crime. The surcharge is collected only if the defendant's probation is revoked for a probation violation and the person was either arrested and taken to a correctional facility for the violation, or sentenced to prison for it. Alaska participates in the Interstate Compact for Adult Offender Supervision (Compact), which regulates the transfer of supervision for persons under state probation and parole. The bill would establish an application fee for persons under active probation or parole supervision who request an interstate transfer of supervision under the Compact. According to the Department of Corrections, the great 2004-02-16 House Journal Page 2604 majority of other states already impose a fee for similar services. The bill also would require the applicant to post a bond or deposit cash, which would be forfeited if the state must escort the person back to Alaska for confined supervision. I urge your prompt and favorable consideration of this proposal. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 485 HOUSE BILL NO. 485 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the powers of the Alaska Energy Authority to make grants and loans and enter into contracts; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the Alaska Energy Authority's investment of the power development fund; repealing the electrical service extension fund; and providing for an effective date." was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism and the Community & Regional Affairs and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development 2. Zero, Dept. of Revenue The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to the powers of the Alaska Energy Authority (AEA) to make grants and loans and enter 2004-02-16 House Journal Page 2605 into contracts, relating to the bulk fuel revolving loan fund, relating to the AEA's potential liability for the provision of technical assistance to rural utilities, relating to the AEA's investment of the power development fund, and repealing the electrical service extension fund. Section 1 of the bill would amend AS 42.45.010, establishing the power project fund, to add authorization for the AEA to make loans from the fund for waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment. Similarly, section 9 of the bill would amend the general powers of the AEA to authorize it to improve, equip, operate, maintain, and enter into contracts for the construction, financing, operation, and maintenance of: bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment. The Denali Commission and other federal agencies have provided substantial funding for such projects, and the Legislature has authorized the AEA's receipt and expenditure of the federal money. Section 11 of the bill would repeal AS 42.45.060, which establishes a loan committee to review and approve loans from the power project fund and the rural electrification revolving loan fund. Upon repeal of the loan committee statute, the credit department of the Alaska Industrial Development and Export Authority, which manages the AEA's loan programs, will continue to review applications for loans from those funds in accordance with the applicable regulations. Section 2 of the bill would continue the requirement in present AS 42.45.060(g) for legislative approval of loans for projects in which the cumulative state monetary involvement, through loans, grants, and bonds, is at least $5,000,000 and loans of more than $5,000,000. Sections 1, 3, 4, and 6 contain conforming amendments to reflect the repeal of AS 42.45.060. Sections 5 and 7 of the bill would amend AS 42.45.250, which governs loans from the bulk fuel revolving loan fund, to authorize loans from the fund to "persons," defined with reference to AS 01.10.060 to include corporations, cooperatives, joint ventures, and governmental entities, that generate power or supply the public with fuel used in communities with populations of less than 2,000 people, as well as loans to the communities themselves. Presently, the statute authorizes loans to "private individuals" and to the 2004-02-16 House Journal Page 2606 communities. The Department of Law recently interpreted the term "private individuals" to include only natural persons. Section 12 of the bill makes the amendments retroactive to June 1, 1984, to encompass active loans from the fund to such entities. Section 8 of the bill would amend AS 42.45.400, which requires the AEA to provide technical assistance to rural utilities, to specify that this statutory mandate may not be used as an independent basis for tort liability against the AEA. The AEA would continue to be liable for negligence if it fails to use reasonable care in providing the technical assistance. Section 10 of the bill would amend AS 44.83.386, relating to investment of the power development fund, to provide that the AEA, rather than the Department of Revenue, shall invest the fund. The AEA, with the concurrence of the Department of Revenue, has been investing the fund since 1993. AEA would continue to remit all fund earnings to the general fund. Section 11 of the bill, in addition to repealing AS 42.45.060 as discussed above, repeals AS 42.45.200 (the electrical service extension fund, which is inactive), and repeals AS 42.45.250(l)(1) to remove an unnecessary definition of a term that is not used in the statute. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 486 HOUSE BILL NO. 486 by the House Rules Committee by request of the Governor, entitled: "An Act relating to reclamation bonding and financial assurance for certain mines; relating to financial assurance limits for lode mines; establishing the mine reclamation trust fund; and providing for an effective date." 2004-02-16 House Journal Page 2607 was read the first time and referred to the Resources and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources 2. Fiscal, Dept. of Revenue The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to mine reclamation bonding and financial assurance. This bill would make three changes to existing law. First, it would remove "lode mines," sometimes referred to as "hard-rock mines," from the current bonding "cap" of $750 per acre for mine reclamation responsibilities; the cap would remain in effect for placer mines. Second, it would replace the term "performance bond" with the term "financial assurance," and would list various ways to provide that assurance, in order to give mining companies and the state the flexibility to employ a variety of financial assurance vehicles. Third, it would create a mine reclamation trust fund, which would allow the build-up of an adequate reclamation fund through payments made over time and through the earnings on that fund. These three changes all reflect the fact that satisfactory reclamation of a hard-rock mine is a site-specific issue. A generic dollar-per-acre bond "cap" simply does not work for reclamation responsibilities for hard-rock mines. Each mine is unique, and the optimal vehicle to use to ensure final reclamation depends on many factors including, by way of example: the projected mine life; the need for long-term site management measures (such as to address potential acid mine drainage); and the availability and cost of different bonding tools in the current financial market. Given these and other factors, the state and the mining industry need flexibility in selecting and constructing financial assurances for mine reclamation. 2004-02-16 House Journal Page 2608 The third element of the bill, the mine reclamation trust fund, is an attempt to accommodate some fiscal realities faced by the industry. It provides the opportunity for the state to set up site-specific funding agreements to accommodate long-term or in-perpetuity reclamation tasks. Examples include the possible need for in-perpetuity water treatment at the Red Dog Mine, long-term monitoring at the Illinois Creek Mine, and in-perpetuity maintenance of the dam for the freshwater recreation lake that Fort Knox Mine is leaving to Alaskans at the request of the Department of Natural Resources. The trust fund concept provides for a method of accommodating long-term or in- perpetuity reclamation needs of this type. Making deposits into a state-controlled trust fund will have significant benefits for industry and the state. In addition to providing potential benefits under the federal tax code for companies, the state would have access to a fund for mine reclamation work that will retain earnings and increase over time. The bill would provide that the Department of Revenue would manage investment of the fund, as it does already for a number of other similar state funds. But the Department of Natural Resources would be the agency authorized to make expenditures from the fund for mine reclamation and post-closure site management. The state's resource agencies, under the leadership of the Department of Natural Resources, have crafted this bill with an understanding of the needs of the industry and the needs of Alaskans who rely on reclamation of the land. This bill is broadly supported by the mining industry. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" 2004-02-16 House Journal Page 2609 HB 487 HOUSE BILL NO. 487 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the detention of delinquent minors in correctional facilities; relating to emergency detention of minors for evaluation for involuntary admission for mental health treatment; relating to detention of intoxicated minors and minors incapacitated by alcohol or drugs; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Public Safety The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to the detention of delinquent and other juveniles. The 2002 reauthorization of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) went into effect on October 1, 2003. The JJDPA has traditionally prohibited incarceration of non-offenders and status offenders in adult jails and "lock-ups." New language in the 2002 reauthorization prohibits the use of juvenile detention facilities for these non-offenders and status offenders as of October 1, 2003. This bill would modify AS 47.12.240, AS 47.30.705, and AS 47.37.170 to come into compliance with the federal requirements set out in the Guidance Manual for Monitoring Facilities Under the Juvenile Justice and Delinquency Prevention Act of 2003. Under 2004-02-16 House Journal Page 2610 these amendments, emergency protective custody of minors may not include placement in a jail or other secure facility. This language is also found in current law relating to placement of children in need of aid in AS 47.10.141(c), and has been interpreted by both state and federal officials to provide sufficient flexibility for holding minors until a more appropriate facility can be found or until transportation to such a facility is feasible. The purpose of this draft bill is to preserve Alaska's federal formula grant receipts of approximately $700,000 and to meet certain requirements to apply for other federal grant money through the federal office of juvenile justice and delinquency prevention. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 488 HOUSE BILL NO. 488 by the House Rules Committee by request of the Governor, entitled: "An Act relating to actionable claims against state employees; relating to the state's defense and indemnification of its employees and former employees with respect to claims arising out of conduct that is within the scope of employment; amending the Public Employment Relations Act regarding claims against the state or state employees; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Law 2004-02-16 House Journal Page 2611 The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to: (1) indemnification of tort claims against state employees; and (2) the attorney general's decision whether to indemnify an employee and arbitration of that decision. Current Alaska law addresses lawsuits against the state in AS 09.50.250. However, the statutes fail to address a core concept of the Federal Tort Claims Act (FTCA). Under the FTCA, if a lawsuit is filed against a federal employee, and the attorney general of the United States certifies the employee was acting in the scope of employment, the United States is substituted as the defendant for the employee. The individual employee is no longer a defendant in the case. This bill adds this critical concept to Alaska law. This bill would allow state employees to carry out their duties knowing that if there is a lawsuit filed against them for an act or omission within the scope of their employment, the lawsuit will not proceed against them as an individual. They will not be subject to the burdens court rules place on a "party" including being subject to an award of costs and fees to a prevailing party. The public would benefit as services would not be interrupted while state employees participate in lawsuits. The bill would further provide that the decision of the attorney general whether to indemnify an employee is not subject to arbitration. An employee who is denied indemnification can contest that decision in the courts. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" 2004-02-16 House Journal Page 2612 HB 489 HOUSE BILL NO. 489 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the administration of the Alaska Vocational Technical Center; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to the Alaska Vocational Technical Center (AVTEC). AVTEC is a vocational training provider located in Seward. In 2003, the responsibility to administer AVTEC was transferred from the Department of Education and Early Development to the Department of Labor and Workforce Development. However, the authority for the Department of Labor and Workforce Development (department) to administer and set rates for AVTEC's programs and services was not provided for in the transfer. This bill would correct that oversight. Section 1 of the bill proposes to amend AS 44.31.020 to provide the statutory authority for the department to administer the programs of AVTEC and to set rates for student tuition and room and board, and other fees for the programs and services provided by AVTEC. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" 2004-02-16 House Journal Page 2613 HB 490 HOUSE BILL NO. 490 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the release of employment security records, to the admissibility of determinations and decisions regarding unemployment compensation benefits, and to contributions, interest, penalties, and payments under the Alaska Employment Security Act; providing that property under the Alaska Employment Security Act is not subject to the Uniform Unclaimed Property Act; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to the: (1) the release of employment security records for law enforcement purposes; (2) administrative hearing decisions on unemployment benefits; and (3) federal compliance and other technical corrections to the Alaska Employment Security Act. This bill would allow the Department of Labor (DOL) to release employment security records to a state district attorney, a municipal attorney, a United States attorney, and the Federal Bureau of Investigation for use in criminal investigations and prosecutions. Under current law, employment security records are confidential for criminal investigation and prosecution purposes. This bill would codify the Alaska Supreme Court's decision in Manning v. Alaska Railroad Corporation, 853 P.2d 1120 (Alaska 1993). In that case, the court held that the commissioner of DOL's 2004-02-16 House Journal Page 2614 decision granting the plaintiff unemployment benefits did not automatically require a finding of wrongful termination in a later court case. Unemployment claims rarely provide an incentive for the employer to participate, much less spend a significant amount of time and money investigating the facts and bringing those facts to the attention of the hearing officer. Employers have little incentive to participate in an unemployment benefits claim hearing since their bottom line is only marginally affected by the outcome. This gives an employee the opportunity to receive a favorable decision in an uncontested unemployment benefits claim and unfairly leverage that decision against the employer in a later court case. Finally, the bill makes a number of changes to bring Alaska law into compliance with federal law, resolves conflicts in Alaska statutes and makes other technical amendments. Other changes include provisions dealing with payment and collection of unemployment taxes by DOL from employers, expanding the ability of DOL to collect overpayments of unemployment compensation benefits on behalf of other states, clarifying which health professionals are excluded from the Alaska Employment Security Act, and clarifying that the definition of "wages" does not include education assistance. Of these, the principal change would remove the requirement that unemployment compensation be deposited into the unclaimed property fund. Federal law requires such funds to be deposited into the unemployment insurance trust fund. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 491 HOUSE BILL NO. 491 by Representatives Kerttula and McGuire, entitled: "An Act relating to the Alaska Securities Act and adopting provisions of the Uniform Securities Act." 2004-02-16 House Journal Page 2615 was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 492 HOUSE BILL NO. 492 was not introduced. HB 493 HOUSE BILL NO. 493 by Representatives Harris, Gruenberg, and Anderson, entitled: "An Act relating to adoption and revision of a long-term fiscal plan for the State of Alaska." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. HB 494 HOUSE BILL NO. 494 by Representatives Kott and Hawker, entitled: "An Act relating to the disbursement of money by the state, including employment compensation, unemployment payments, and permanent fund dividends, and to bank investments and deposits by the state; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 495 HOUSE BILL NO. 495 by Representative Williams, entitled: "An Act relating to the four dam pool joint action agency; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 496 HOUSE BILL NO. 496 by Representatives Dahlstrom and McGuire, entitled: "An Act creating the Youth Vote Ambassador Program and relating to that program; authorizing the members of the program 2004-02-16 House Journal Page 2616 to be appointed to serve on election boards; relating to qualifications for appointment to election boards; and providing for an effective date." was read the first time and referred to the State Affairs Committee. HB 497 HOUSE BILL NO. 497 by Representative Dahlstrom, entitled: "An Act relating to building and life safety codes, including creation of the Building and Life Safety Code Commission, the adoption of building and life safety codes for the state, and making exemptions for municipalities; relating to mechanical contractors, electrical administrators, mechanical administrators, plumbers, the Alaska Housing Finance Corporation, boilers, unfired pressure vessels, water heaters, the administration of certain building and life safety codes, and fees for administration of building and life safety codes; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 498 HOUSE BILL NO. 498 by Representative Seaton, entitled: "An Act requiring the sale or trade of state land." was read the first time and referred to the Resources and Finance Committees. HB 499 HOUSE BILL NO. 499 by Representative Heinze, entitled: "An Act relating to 911 systems." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. 2004-02-16 House Journal Page 2617 HB 500 HOUSE BILL NO. 500 by Representative Samuels, entitled: "An Act relating to medical review organizations; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. HB 501 HOUSE BILL NO. 501 by Representative Holm, entitled: "An Act relating to transfers from the earnings reserve account to the dividend fund and to the principal of the permanent fund to offset the effect of inflation; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 502 HOUSE BILL NO. 502 by Representative Holm, entitled: "An Act relating to dispensing opticians and dispensing optician apprentices." was read the first time and referred to the Labor & Commerce and Health, Education & Social Services Committees. HB 503 HOUSE BILL NO. 503 by the House Finance Committee, entitled: "An Act relating to the tobacco product Master Settlement Agreement; and providing for an effective date." was read the first time and referred to the Finance Committee. 2004-02-16 House Journal Page 2618 HB 504 HOUSE BILL NO. 504 by Representatives Hawker and Anderson, entitled: "An Act related to the possession of firearms in places where intoxicating liquor is sold for consumption on the premises." was read the first time and referred to the Judiciary Committee. HB 505 HOUSE BILL NO. 505 by Representative Kott, entitled: "An Act relating to importing beer or wine for personal consumption and a liquor license for that purpose, and to taxes on beer or wine imported for personal consumption." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 506 HOUSE BILL NO. 506 by Representative Kapsner, entitled: "An Act relating to 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 Committee. HB 507 HOUSE BILL NO. 507 by Representatives Hawker and Harris, entitled: "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and major maintenance of educational facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. 2004-02-16 House Journal Page 2619 HB 508 HOUSE BILL NO. 508 by Representative Kapsner, entitled: "An Act relating to school construction grants and major maintenance grants to school districts; relating to reimbursement of school construction debt; providing a remedy to the constitutional violations found in Kasayulie et al. v. State of Alaska, Case No. 3AN-97-3782 CV; relating to the Education Facilities Financing Authority; 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 Committee. HB 509 HOUSE BILL NO. 509 by Representative Kott, entitled: "An Act relating to establishing the Alaska Gaming Commission." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 510 HOUSE BILL NO. 510 by Representatives Foster and Morgan, entitled: "An Act relating to the disclosure of certain records pertaining to children for certain distribution by Native corporations; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 511 HOUSE BILL NO. 511 by Representative Samuels, entitled: "An Act relating to the certificate of need program for health care facilities; and providing for an effective date." 2004-02-16 House Journal Page 2620 was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 512 HOUSE BILL NO. 512 by Representatives Crawford, Berkowitz, and Gara, entitled: "An Act establishing the Hydrogen Energy Partnership in the Department of Community and Economic Development; requiring the commissioner of community and economic development to seek public and private funding for the partnership; providing for the contingent repeal of an effective date; and providing for an effective date." was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism and the Finance Committee. HB 513 HOUSE BILL NO. 513 by Representatives Kott, Coghill, Harris, Hawker, McGuire, Rokeberg, Anderson, and Lynn, entitled: "An Act relating to the enforcement of support orders through suspension of drivers' licenses; changing the name of the child support enforcement agency to the child support services agency; amending Rules 90.3 and 90.5, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 514 HOUSE BILL NO. 514 by Representatives Kott, Coghill, Harris, Hawker, McGuire, Rokeberg, Anderson, and Lynn entitled: "An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 2004-02-16 House Journal Page 2621 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 32 The following was read the second time: HOUSE JOINT RESOLUTION NO. 32 Relating to the labeling of salmon and salmon food products. with the: Journal Page FSH RPT CS(FSH) NT 6DP 2481 FN1: ZERO(DEC) 2482 L&C RPT CS(FSH) NT 4DP 2562 FN1: ZERO(DEC) 2562 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH) Relating to the labeling of fish and fishery food products. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Weyhrauch: Page 1, line 5: Following "safety": Insert "and negative impacts" Page 1, line 5: Following "fish": Insert "to consumers" Page 1, line 11: Following "the": Insert "negative" 2004-02-16 House Journal Page 2622 Page 1, line 12: Following "preference": Insert "for," Page 2, line 4: Following "to": Insert "the Honorable George W. Bush, President of the United States;" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kerttula objected. Amendment No. 1 to Amendment No. 1 was offered by Representative Weyhrauch: Delete "Page 1, line 5: Following "safety": Insert "and negative impacts"" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 1 was offered by Representative Weyhrauch: Delete "Page 1, line 11: Following "the": Insert "negative"" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 2 to Amendment No. 1 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 1 as amended was adopted. 2004-02-16 House Journal Page 2623 Representative Coghill moved and asked unanimous consent that CSHJR 32(FSH) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 32(FSH) am was read the third time. The question being: "Shall CSHJR 32(FSH) am pass the House?" The roll was taken with the following result: CSHJR 32(FSH) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Excused: Joule, Kookesh, Moses, Williams And so, CSHJR 32(FSH) am 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 - University of Alaska Women's Basketball Team By Representatives Meyer, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, Lynn, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf 2004-02-16 House Journal Page 2624 Honoring - August Hiebert By Representatives Gara, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf; Senator Ellis Honoring - USA Hockey Tier I Pee Wee National Tournament By Senator Wilken; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Michael Kronowitz By Representatives Crawford, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Officer John Patrick Watson, Kenai Police Department By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Chief Peter John By Representatives Morgan, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf; Senator Lincoln 2004-02-16 House Journal Page 2625 In Memoriam - Nick P. Mellick, Jr. By Representatives Morgan, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf; Senator Lincoln In Memoriam - Senator Frank R. Parraq Ferguson By Representatives Joule, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf In Memoriam - Nona Hubley Campbell By Senator Gary Stevens; Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - R.B. Jackson By Senator Gary Stevens; Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Walter Steciw By Senator Gary Stevens; Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-02-16 House Journal Page 2626 In Memoriam - Don Nelson Bunker By Senator Gary Stevens; Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Michael Demchenko By Senator Gary Stevens; Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Representative Ramona Barnes By Senator Cowdery; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf In Memoriam - Robert Lynn Plymire By Senator Gary Stevens; Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf In Memoriam - Japhet J. Anvil By Senator Hoffman; Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf 2004-02-16 House Journal Page 2627 In Memoriam - Alexie "Tutmaralia" Isaac By Senator Hoffman; Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, 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 Heinze - from 7:00 p.m., February 20 to 9:30 p.m., plane time, February 22, 2004 Representative Holm - from 7:00 p.m., February 20 to 9:30 a.m., plane time, February 23, 2004 Representative Kohring - from 8:00 a.m. to 10:00 p.m., February 23, 2004 Representative Joule - from 7:00 p.m., February 26 to 1:00 p.m., February 29, 2004 Representative Wilson - from 10:30 a.m., February 28 to 6:00 a.m., February 29, 2004 SPECIAL ORDER OF BUSINESS Representative Coghill moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Victims of the August 20, 2003, Russian Helicopter Crash on Sakhalin Island, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: 2004-02-16 House Journal Page 2628 In Memoriam - Victims of the August 20, 2003, Russian Helicopter Crash on Sakhalin Island By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Wilson, Wolf; Senator Elton UNFINISHED BUSINESS HJR 32 Representatives Crawford, Ogg, and Weyhrauch added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH) am Relating to the labeling of fish and fishery food products. HJR 35 Representatives Kapsner and Croft added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 35 Relating to mad cow disease and country-of-origin labeling for meat products. HB 84 Representatives Hawker, Stepovich, Samuels, Wolf, Anderson, and Fate added their names as cosponsors to: HOUSE BILL NO. 84 "An Act relating to a curriculum for Alaska history; and providing for an effective date." HB 91 Representative Weyhrauch added his name as cosponsor to: HOUSE BILL NO. 91 "An Act relating to a cost-of-living allowance and medical benefits for retired peace officers after 20 years of credited service." 2004-02-16 House Journal Page 2629 HB 426 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 426 "An Act relating to the levy and collection of an assessment on certain tourism-related and recreation-related goods and services, to tourism marketing contracts, and to vehicle rental taxes; and providing for an effective date." SCR 21 Representative Rokeberg added his name as cross sponsor to: SENATE CONCURRENT RESOLUTION NO. 21 Relating to declaring March 2004 as Sobriety Awareness Month. ENGROSSMENT HJR 32 CSHJR 32(FSH) am 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. Majority Caucus Speaker's Chamber 5:30 p.m., 2/16 The following meetings today have been changed as indicated: Judiciary Committee CHANGED TO: 1:30 p.m., 2/16 Resources Committee CHANGED TO: 1:30 p.m., 2/16 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 18, 2004. There being no objection, the House adjourned at 1:16 p.m. Suzi Lowell Chief Clerk