Legislature(2005 - 2006)

2005-01-24 House Journal

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2005-01-24                     House Journal                      Page 0147
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                 TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday                January 24, 2005                          
                                                                                                    
                               Fifteenth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:04 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Crawford,                                     
Rokeberg, and Samuels had been previously excused from a call of the                                
House today.                                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative-elect Moses be excused from a call of the House from                                 
today to 7:00 p.m., plane time, January 25, 2005.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kott be excused from a call of the House from today to                               
9:00 a.m., plane time, January 26, 2005.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
The invocation was offered by the Chaplain, Pastor Tom Matthews of                                  
Douglas Island Bible Church.  Representative LeDoux moved and                                       
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
     As I pray for these sessions this week I want to begin by                                      
     saying that as I pray each day, I will be praying while                                        
     respecting the differences in beliefs of those represented here.                               
     With that in mind I would ask you to join me in prayer as we                                   
     open this session today.                                                                       
                                                                                                    

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     Lord, we come to You as a mixed group from around the state                                    
     of Alaska.  It is our prayer that You would bless this gathering                               
     and that You would help each person here in the various tasks                                  
     that need to be accomplished.  I pray that they would be good                                  
     representatives of the constituents in each of their districts.                                
                                                                                                    
     We would ask Your help in bringing an end to the war and                                       
     bloodshed that is happening in Iraq and Afghanistan.  Please                                   
     protect and quickly bring home the sons and daughters of                                       
     Alaska that are currently in harm's way.                                                       
                                                                                                    
     I also lift before You the survivors of the terrible tsunami.                                  
     Please help the relief agencies to aid the people in getting                                   
     back on their feet again.  Bring comfort to those who have lost                                
     loved ones.  Only You can bring the peace that passes all                                      
     understanding.                                                                                 
                                                                                                    
     Thank You, Lord, that we can lift these requests before You.                                   
     Help us always to seek Your face in the decisions that need to                                 
     be made.                                                                                       
                                                                                                    
      In the name of Jesus Christ I lift these prayers today.  Amen.                               
                                                                                                    
The Pledge of Allegiance was led by Representative Elkins.                                          
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 12th, 13th, and 14th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated January 21, 2005, was received stating the Senate                                   
has accepted the invitation to meet in joint session in the House                                   
Chamber at 11:00 a.m., February 23 to hear the State of the Judiciary                               
address by Chief Justice Alexander O. Bryner.                                                       
                                                                                                    

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A message dated January 21, 2005, was received stating the Senate                                   
has accepted the invitation to meet in joint session in the House                                   
Chamber at 11:00 a.m., February 24 to hear an address by U.S.                                       
Senator Ted Stevens.                                                                                
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 47                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 47                                                                              
     "An Act extending the termination date of the Board of Certified                               
     Real Estate Appraisers."                                                                       
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Lynn, Kott, LeDoux, Anderson                                                          
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Commerce, Community, & Economic                                                
Development                                                                                         
                                                                                                    
HB 47 was referred to the Finance Committee.                                                        
                                                                                                    
HB 64                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 64                                                                              
     "An Act extending the termination date for the Board of Public                                 
     Accountancy; and providing for an effective date."                                             
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Kott, LeDoux, Guttenberg, Anderson                                              
                                                                                                    

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The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Commerce, Community, & Economic                                                
Development                                                                                         
                                                                                                    
HB 64 was referred to the Finance Committee.                                                        
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
In Memoriam - Tommy L. Ramsey                                                                       
By Representatives Kelly, Coghill                                                                   
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 20                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20 by                                                         
Representatives Seaton, Chenault, and Wilson, entitled:                                             
                                                                                                    
     "An Act relating to a separate appropriation bill for operating                                
     expenses for primary and secondary public education and                                        
     establishing a date by which the bill must be transmitted to the                               
     governor each year; relating to notice of nonretention for tenured                             
     teachers; 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 103                                                                                            
HOUSE BILL NO. 103 by Representative Kelly, entitled:                                               
                                                                                                    
     "An Act requiring an actionable claim against the state to be tried                            
     without a jury."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    

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HB 104                                                                                            
HOUSE BILL NO. 104 by Representatives Dahlstrom, Stoltze,                                           
Coghill, Kott, Elkins, and Harris, entitled:                                                        
                                                                                                    
     "An Act relating to information, advertisements, and commercials                               
     about seat belt laws."                                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 105                                                                                            
HOUSE BILL NO. 105 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to coverage for adult dental services under                                   
     Medicaid; and providing for an effective date."                                                
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
The Governor's transmittal letter dated January 21, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to coverage for adult dental services for                              
eligible recipients under the Medicaid program (AS 47.07).                                          
                                                                                                    
The State of Alaska's Medicaid program currently provides inadequate                                
coverage for adult dental services.  The services covered under                                     
existing law are limited to procedures for relief of pain and acute                                 
infection, and don't include necessary preventative or restorative                                  
treatment.  This level of service often leads to the extraction of                                  
permanent teeth.  Missing and decayed teeth (especially front teeth)                                
can affect an individual's employability and/or career advancement                                  
opportunities.  Furthermore, studies have documented the links and/or                               

2005-01-24                     House Journal                      Page 0152
complications between dental disease and other chronic diseases                                     
including cardiovascular disease and diabetes.  Recent studies have                                 
also implicated periodontal disease as a risk factor for pre-term, low                              
birth-weight births.                                                                                
                                                                                                    
Diseases of the mouth are not distinctly different from diseases in the                             
rest of the body.  The limitation for dental coverage is largely a                                  
distinction based on the type of health care provider; in that diseases of                          
the oral cavity are largely treated by dentists.  The lack of coverage to                           
prevent more severe dental problems and/or extractions before they                                  
become "dental emergencies" often results in more expensive dental                                  
care and limits the dentist's ability to address dental problems.                                   
Dentists have reported frustration with not being able to treat teeth                               
earlier before the person is in pain and when less costly treatment                                 
could be provided.                                                                                  
                                                                                                    
This bill would allow the Department of Health and Social Services to                               
expand dental coverage to encompass preventative and restorative care                               
for approximately 41,000 Alaskans enrolled in the Medicaid program.                                 
Specifically, this bill would repeal AS 47.07.900(1), defining adult                                
dental services as the minimum treatment for the immediate relief of                                
pain and acute infection provided by a licensed dentist.  Under the bill,                           
the Department of Health and Social Services would adopt regulations                                
implementing the expanded service, which could include regulations                                  
defining the scope of services, a maximum amount of benefits per                                    
fiscal year, and the amount of reimbursement for dental services.                                   
                                                                                                    
The Alaska Mental Health Trust Authority has recognized access to                                   
dental services as a priority issue for their beneficiaries and has                                 
committed funding for part of the matching funds needed for this                                    
service expansion.  The expanded services would be provided under                                   
an annual cap of $1,150 per adult at the outset.  The cap is intended to                            
control costs of the service expansion and encourage the dentist and                                
client to discuss priorities and treatment options.  The Department of                              
Health and Social Services and the Alaska Mental Health Trust                                       
Authority agreed to use this expenditure cap as a starting point to                                 
provide a level of service that would allow elderly Alaskans to receive                             
a complete set of dentures over a two-year period.  The dental                                      
expenditure cap for expanded services would not apply to the existing                               
Medicaid coverage for emergency dental services.                                                    
                                                                                                    

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I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
                                                                                                    
HB 106                                                                                            
HOUSE BILL NO. 106 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act establishing the senior care program and relating to that                              
     program; creating a fund for the provision of the senior care                                  
     program; repealing ch. 3, SLA 2004; and providing for an                                       
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
2.  Fiscal, Dept. of Health & Social Services                                                       
3.  Fiscal, Dept. of Health & Social Services                                                       
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
The Governor's transmittal letter dated January 21, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to health care benefits available to eligible                          
low-income senior citizens.                                                                         
                                                                                                    
In 2004, the SeniorCare program was enacted that provided for needs-                                
based cash assistance and a prescription drug benefit (ch. 3, SLA                                   
2004).  Today, approximately 6,800 seniors with incomes below 135                                   
percent of the federal poverty level for Alaska receive $120 a month in                             

2005-01-24                     House Journal                      Page 0154
cash assistance through the SeniorCare program.  This program has                                   
been very successful in reaching senior citizens in Alaska truly in need                            
of cash assistance.                                                                                 
                                                                                                    
Unfortunately, the SeniorCare program is anticipated to sunset no later                             
than January 1, 2006.  Therefore, the legislation I am proposing today                              
will repeal the temporary law created last year and replace it with a                               
permanent law that will strengthen the SeniorCare program and allow                                 
it to continue.  It is crucial that the State of Alaska continue to provide                         
critical support for Alaska's most needy senior citizens beyond January                             
1, 2006.                                                                                            
                                                                                                    
My proposal to improve SeniorCare is through the creation of a                                      
supplement to the recently enacted federal Medicare drug benefit for                                
Alaska's seniors.  Under the new federal Medicare benefit, many                                     
seniors are still required to pay premium and deductible expenses for                               
prescription drugs out of their own pockets.  For Alaska seniors with                               
incomes up to 300 percent of the federal poverty level, I propose that                              
SeniorCare pay these premiums and deductibles on our seniors' behalf                                
- a benefit of approximately $670 per person annually.  Seniors with                                
Medigap or other comparable coverage will also be eligible to receive                               
this benefit as long as they meet the basic income and asset standards                              
for SeniorCare.                                                                                     
                                                                                                    
                                                                                                    
I anticipate that over 40 percent of the estimated 41,000 Alaska seniors                            
will be eligible for the SeniorCare benefit.  With passage of this                                  
legislation, the end result will be that as of January 2006 virtually all                           
seniors in Alaska will be eligible for prescription drug coverage                                   
through a combination of federal, state, and employer-sponsored drug                                
plans.  This represents an achievement in which we should all be                                    
proud.                                                                                              
                                                                                                    
Over the past several years I have listened to our senior citizens                                  
throughout Alaska and there is no doubt in my mind that adequate                                    
prescription drug coverage remains a top priority of our seniors.                                   
Additional state support for SeniorCare in the years to come will help                              
resolve this longstanding issue.  It is a sound investment well worth                               
making.                                                                                             
                                                                                                    

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I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 107                                                                                            
HOUSE BILL NO. 107 by Representative Ramras, entitled:                                              
                                                                                                    
     "An Act providing for the award of full actual attorney fees and                               
     costs to a person aggrieved by unlawful obstruction or hindrance                               
     of hunting, fishing, or viewing of fish or game; amending Rules                                
     79 and 82, Alaska Rules of Civil Procedure; and amending Rule                                  
     508, Alaska Rules of Appellate Procedure."                                                     
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                           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 - Fairbanks Frontier Chorus of Sweet Adelines                                              
By Representatives Holm, Harris, Anderson, Chenault, Cissna,                                        
Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                  
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kelly, Kerttula,                                     
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Seekins                                   
                                                                                                    
Honoring - Alaska Road Commission 100-Year Anniversary                                              
By Senator Huggins; Representatives Harris, Anderson, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Samuels, Seaton, Stoltze, Thomas, Wilson                                             
                                                                                                    

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In Memoriam - Maxine May Race                                                                       
By Representatives Weyhrauch, Kerttula, Harris, Anderson, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kott,                                
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Samuels, Seaton,                                     
Stoltze, Thomas, Wilson; Senator Elton                                                              
                                                                                                    
In Memoriam - Thomas H. Wardleigh                                                                   
By Representatives McGuire, Samuels, Harris, Anderson, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kott, LeDoux, Meyer, Neuman, Olson,                                       
Ramras, Seaton, Stoltze, Thomas, Wilson                                                             
                                                                                                    
                            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 Kohring - from 1:00 p.m., January 25 to 10:00 p.m.,                                  
plane time, January 28, 2005                                                                        
                                                                                                    
Representative Gatto - from 7:00 a.m., January 26 to 7:00 p.m., plane                               
time, January 30, 2005                                                                              
                                                                                                    
Representative Joule - from 7:00 p.m., January 27 to 9:30 p.m., plane                               
time, February 5, 2005                                                                              
                                                                                                    
Representative Coghill - from 7:30 p.m., January 27 to 9:30 a.m.,                                   
January 31, 2005                                                                                    
                                                                                                    
Representative Holm - from 7:00 p.m., January 28 to 9:30 a.m., plane                                
time, February 2, 2005                                                                              
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Tommy L. Ramsey, be taken up as a Special Order of                                       
Business.  There being no objection, it was so ordered.                                             
                                                                                                    

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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:                                                        
                                                                                                    
In Memoriam - Tommy L. Ramsey                                                                       
By Representatives Kelly, Coghill, Harris, Anderson, Berkowitz,                                     
Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner,                                         
Kerttula, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                      
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HJR 6                                                                                             
Representatives Neuman and McGuire added their names as                                             
cosponsors to:                                                                                      
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 6                                                                   
     Relating to the labeling of fish products and processed food items                             
     containing fish to identify the country of origin and to distinguish                           
     between wild and farmed fish and fish products.                                                
                                                                                                    
HB 13                                                                                             
Representative Thomas added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 13                                                                              
     "An Act relating to reimbursement of municipal bonds for school                                
     construction; and providing for an effective date."                                            
                                                                                                    
HB 33                                                                                             
Representative Neuman added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 33                                                                              
     "An Act relating to the effect of regulations on small businesses;                             
     and providing for an effective date."                                                          
                                                                                                    
HB 58                                                                                             
Representative Neuman added his name as cosponsor to:                                               
                                                                                                    

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     HOUSE BILL NO. 58                                                                              
     "An Act relating to offenses against unborn children."                                         
                                                                                                    
HB 101                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 101                                                                             
     "An Act relating to sex trafficking and tourism."                                              
                                                                                                    
                               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., January 26, 2005.  There being no                                   
objection, the House adjourned at 11:41 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk