Legislature(2007 - 2008)

2008-01-17 House Journal

Full Journal pdf

2008-01-17                     House Journal                      Page 1727
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                 TWENTY-FIFTH LEGISLATURE - SECOND SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday               January 17, 2008                                                      
                                                                                                                                
                                 Third Day                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:05 a.m.                                                                                                            
                                                                                                                                
Roll call showed 33 members present.  Representatives Gatto,                                                                    
Gruenberg, Holmes, LeDoux, Samuels, and Seaton had been excused                                                                 
from a call of the House today.  Representative Neuman was absent.                                                              
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend George                                                                 
Silides of Holy Trinity Episcopal Church.  Representative Coghill                                                               
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
     With deepest respect for the religious traditions of all                                                                   
     Alaskans, I offer this prayer.                                                                                             
                                                                                                                                
     O God, from whose hand all life is granted, who shaped the                                                                 
     mountains and set the boundaries of the waters, we give you                                                                
     thanks for the wealth of land and sea.  We thank thee also for                                                             
     the richness of cultures and traditions which make up the                                                                  
     living fabric of this great land.  We give thee especial thanks                                                            
     for the first stewards of this land and the lessons they have                                                              
     handed down from one generation to another.                                                                                
                                                                                                                                
     Help us to remember that while we have a special place                                                                     
     within creation that we are a part of that creation and not                                                                
     separate from it.  Upon all those who make their living                                                                    
     working directly to harvest the riches of this earth, on open                                                              
     sea or forest trails or beneath the earth itself, we pray your                                                             

2008-01-17                     House Journal                      Page 1728
     wisdom upon their choices and protection upon their labors.                                                                
     For those who ferry us across the waves and across the skies,                                                              
     we give you thanks.  For all those whose work and leisure are                                                              
     determined by the schedules we wish to keep, give us a due                                                                 
     sense of appreciation and respect.  And I pray that the                                                                    
     challenges set before this House by their right ambition to                                                                
     serve the people of this land with all proper haste remain a                                                               
     best intention and not become a millstone of obligation.  May                                                              
     every gift you have given each of these, your servants, be put                                                             
     to the best use for the sake of all.  Amen.                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Gara.                                                                        
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Foster, Acting Majority Leader, moved and asked                                                                  
unanimous consent that the journal for the second legislative day be                                                            
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
National Pollutant Discharge Elimination System                                                                                 
Progress Report                                                                                                                 
January 15, 2008                                                                                                                
(as required by Chapter No. 95, SLA 2005)                                                                                       
                                                                                                                                
Dept. of Transportation & Public Facilities                                                                                     
Knik Arm Bridge & Toll Authority                                                                                                
2007 Annual Report                                                                                                              
(as required by AS 19.75.111)                                                                                                   
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
SB 139                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                

2008-01-17                     House Journal                      Page 1729
     SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139                                                                                 
     "An Act repealing a limitation on the liability of certain airfield                                                        
     owners or operators."                                                                                                      
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                                                 
     BILL NO. 139(JUD)                                                                                                          
     "An Act modifying the criteria used to limit liability for certain                                                         
     airfield owners or operators."                                                                                             
                                                                                                                                
     (pending title change resolution)                                                                                          
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Lynn, Samuels, Ramras                                                                                             
                                                                                                                                
No recommendation (3):  Coghill, Dahlstrom, Holmes                                                                              
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to HCS SSSB 139(JUD):                                                                        
                                                                                                                                
3.  Zero, Dept. of Administration                                                                                               
4.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
SSSB 139 was referred to the Rules Committee for placement on the                                                               
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 322                                                                                                                        
HOUSE BILL NO. 322 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act establishing the Alaska transportation fund and relating                                                           
     to the fund; and providing for an effective date."                                                                         
                                                                                                                                

2008-01-17                     House Journal                      Page 1730
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Transportation & Public Facilities                                                                           
2.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill establishing a state transportation fund.                                                                   
                                                                                                                                
An efficient and functional transportation system is vital to Alaska's                                                          
economy.  For the first time in Alaska's history, a reliable source of                                                          
state financing would be in place.  The bill would result in a                                                                  
predictable yearly amount that would be available to supplement state                                                           
transportation financing.  With growth over time through investment                                                             
and future contributions, the fund could help ensure Alaska's                                                                   
transportation infrastructure is adequately maintained and improved.                                                            
                                                                                                                                
Declining federal funding and the need for transportation                                                                       
infrastructure to grow our economy make establishing a transportation                                                           
fund a smart and fiscally responsible decision.  In addition, high oil                                                          
prices resulting in budget surpluses, uniquely position Alaska to utilize                                                       
our non-renewable natural resource wealth to generate renewable                                                                 
dollars for years to come.  A stable source of transportation funding                                                           
would benefit current and future generations of Alaskans alike, and                                                             
would reduce Alaska's dependence on federal aid dollars.                                                                        
Furthermore, the use of state funds would allow critical projects to be                                                         
completed much sooner than through the traditional federal highways                                                             
program.  This is because the state funded projects are not subject to                                                          
the time consuming scrutiny the federal funding process entails.                                                                
                                                                                                                                
The need for this new, permanent source of funding for transportation                                                           
could not be more evident.  Rutted pavements, delayed projects, and                                                             
urban congestion are common problems in this state.  Federal                                                                    
transportation dollars, though adequate in past decades, no longer meet                                                         

2008-01-17                     House Journal                      Page 1731
all the basic needs of the state.  Like education, transportation is a                                                          
basic government service and one that affects the daily lives of all                                                            
citizens.  Other states are enacting their second and third tier of non-                                                        
federal financing mechanisms.  It is time for Alaska to enact its first.                                                        
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 323                                                                                                                        
HOUSE BILL NO. 323 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the crimes of assault in the fourth degree and                                                         
     of resisting or interfering with arrest; relating to the determination                                                     
     of time of a conviction; relating to offenses concerning controlled                                                        
     substances; relating to issuance of search warrants; relating to                                                           
     persons found incompetent to stand trial concerning criminal                                                               
     conduct; relating to probation and to restitution for fish and game                                                        
     violations; relating to aggravating factors at sentencing; relating to                                                     
     criminal extradition authority of the governor; removing the                                                               
     statutory bar to prosecution of certain crimes; amending Rule                                                              
     37(b), Alaska Rules of Criminal Procedure, relating to execution                                                           
     of warrants; 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                                                                                                
3.  Indeterminate, Dept. of Administration                                                                                      
4.  Indeterminate, Dept. of Administration                                                                                      
5.  Indeterminate, Dept. of Corrections                                                                                         
6.  Fiscal, Dept. of Law                                                                                                        
                                                                                                                                

2008-01-17                     House Journal                      Page 1732
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill making important changes to Alaska criminal law.                                                            
These changes would continue the state's efforts to make Alaska a                                                               
safer and healthier place to live and work.                                                                                     
                                                                                                                                
                                                                                                                                
Domestic and other forms of violence are highly prevalent in Alaska.                                                            
It is shocking that women are murdered by men in Alaska at one of the                                                           
highest rates in the country.  Domestic violence, and other forms of                                                            
violence, often begin by a perpetrator committing less serious assaults,                                                        
and then progressing to more harmful conduct.  Most domestic                                                                    
violence assaults are prosecuted as assault in the fourth degree, which                                                         
is a class A misdemeanor.  The bill would address the progressive                                                               
nature of violence by providing that a person convicted of assault in                                                           
the fourth degree (except under the theory of recklessly placing                                                                
another in fear) who has two or more convictions for serious crimes                                                             
against a person in the past 10 years, would be guilty of a class C                                                             
felony.  The maximum term of incarceration for a class C felony is                                                              
five years.                                                                                                                     
                                                                                                                                
                                                                                                                                
The procedure for protecting the public from a person, who as a result                                                          
of a mental disease or defect is incompetent to be tried for a crime, has                                                       
some cracks that need to be filled.  Two recent cases have highlighted                                                          
the problem.  For example, a person charged with a serious felony was                                                           
found to be incompetent to be tried for the offense.  After a period at                                                         
Alaska Psychiatric Institute, the person was released, returned to the                                                          
person's home community, and again committed the same serious                                                                   
felony.  The bill would address this problem in several ways; first it                                                          
requires a person found incompetent to be referred to the                                                                       
commissioner of health and social services for evaluation and                                                                   
treatment.  It would also require ten days notice to the prosecuting                                                            
authority by the professional in charge of the person's care before the                                                         
person may be released.                                                                                                         
                                                                                                                                

2008-01-17                     House Journal                      Page 1733
The bill would also clarify the intent of the Legislature when it                                                               
provided, in the late 1980s, that a third conviction for theft within a                                                         
five year period would increase the severity of the crime one level.  At                                                        
that time it was generally assumed, for purposes of subsequent                                                                  
enhancement, that a conviction occurs at the time the sentence was                                                              
imposed.  The bill would provide expressly in statute that, in looking                                                          
back to the prior convictions for purposes of enhancing the current                                                             
theft, the court should look back to the date the defendant was                                                                 
sentenced for the prior offenses.                                                                                               
                                                                                                                                
Since early statehood, Alaska has had a statutory prohibition on the                                                            
state prosecuting and punishing a person, including a corporation, for                                                          
an act that another jurisdiction has already prosecuted.  This policy is                                                        
not based on constitutional law;  the state and federal constitutional                                                          
prohibitions against being placed twice in jeopardy for the same act do                                                         
not prohibit distinct government authorities from prosecuting the same                                                          
act under different bodies of law.  Recent events have suggested a                                                              
reconsideration of this policy.  The federal criminal prosecution of                                                            
misconduct by public officials in Alaska is an example of crime that                                                            
might also be pursued under state law.  The state should be able to                                                             
protect its unique interests, even when the federal government has                                                              
acted to redress federal interests.  Repeal of AS 11.71.310 (Bar to                                                             
Prosecution) and AS 12.20.010 (Conviction or Acquittal Elsewhere as                                                             
Bar) would assist in that endeavor.                                                                                             
                                                                                                                                
                                                                                                                                
The bill would make other changes in criminal law.  One would allow                                                             
a court to issue a search warrant by telephone or other reliable means                                                          
rather than an in person hearing.  Telephonic communications today                                                              
are sophisticated enough to allow for a fair hearing without requiring a                                                        
personal appearance; most Alaskans rely on telephonic                                                                           
communications for many of their important affairs.  The bill would                                                             
also give judges more discretion to allow a later return of a search                                                            
warrant inventory to allow for long-term investigations and protection                                                          
of persons working with law enforcement.  Another provision adds the                                                            
substances commonly know as Soma and Ambien to Schedule IVA of                                                                  
Alaska's prohibited substances.  Recent injuries from driving impaired                                                          
by misuse of these substances support their addition to Alaska's drug                                                           
schedules as controlled substances.                                                                                             
                                                                                                                                

2008-01-17                     House Journal                      Page 1734
Enactment of this bill into law would protect Alaskans and help the                                                             
criminal justice system function fairly and at the same time more                                                               
efficiently.  I urge your prompt and favorable consideration of it.                                                             
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 324                                                                                                                        
HOUSE BILL NO. 324 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the Alaska housing trust fund and to the                                                               
     Alaska Council on the Homeless; 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.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Health & Social Services                                                                                     
3.  Zero, Dept. of Public Safety                                                                                                
4.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill relating to the Alaska Housing Trust Fund and to the                                                        
Alaska Council on the Homeless.                                                                                                 
                                                                                                                                
Homelessness is one of the most challenging domestic issues facing                                                              
the United States.  Alaska is no exception.  Alaska's Faith-Based and                                                           
Community Initiatives Task Force found housing to be the most                                                                   
commonly identified challenge facing those in need.  On any given                                                               
night 3,500 Alaskans are homeless, including 1,600 people in families                                                           

2008-01-17                     House Journal                      Page 1735
with children.  Currently, 4,000 Alaska households are on the waiting                                                           
list for public housing programs and most are families with children.                                                           
Furthermore, 20,000 low-income Alaska households spend over half                                                                
their income on housing, placing them at risk of homelessness.                                                                  
                                                                                                                                
The Alaska Council on the Homeless was initially established by                                                                 
Administrative Order No. 214 in April 2004 to develop a statewide                                                               
action plan addressing homelessness in Alaska.                                                                                  
                                                                                                                                
The plan, Keeping Alaskans Out of the Cold, was completed and                                                                   
submitted in October 2005.  Included in its recommendations was the                                                             
appointment of a permanent council to assist the Governor and                                                                   
Legislature to develop an affordable housing trust fund.  The Alaska                                                            
Council on the Homeless completed its work in 2006 and                                                                          
recommended that the Alaska Housing Trust Fund (fund) be created                                                                
within the Alaska Housing Finance Corporation under AS 18.56.  The                                                              
bill would also provide for advice for governance of the fund by                                                                
establishing the Alaska Council on the Homeless in permanent law.                                                               
To date, the council has operated under the authority of administrative                                                         
orders.                                                                                                                         
                                                                                                                                
The bill would create a fund to serve as a financial structure for                                                              
receiving money to address the needs of Alaska's homeless.  The bill                                                            
would provide authority to provide financial assistance intended to                                                             
promote the creation and retention of an adequate supply of affordable                                                          
housing for eligible persons.  The fund could also be expended to                                                               
create capital improvements intended to alleviate homelessness, assist                                                          
eligible persons in avoiding foreclosures and evictions, provide                                                                
financial assistance to support housing retention services or to                                                                
encourage transition from dependency on low-cost housing, and                                                                   
permit participation in demonstration housing projects that address the                                                         
needs of the homeless.                                                                                                          
                                                                                                                                
I urge your prompt and favorable consideration on this measure.                                                                 
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                

2008-01-17                     House Journal                      Page 1736
HB 325                                                                                                                        
HOUSE BILL NO. 325 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the teachers' and nurses' housing loan program                                                         
     in the Alaska Housing Finance Corporation; 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.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill that would expand the teachers' and nurses' housing                                                         
loan program established within the Alaska Housing Finance                                                                      
Corporation.  This bill expands the program to allow licensed or                                                                
certified health care professionals, including registered nurses, in the                                                        
state to take advantage of the housing loan program.  This loan                                                                 
program is a crucial component in Alaska school districts' and                                                                  
communities' ability to recruit and retain qualified public school                                                              
teachers, counselors, school administrators, and health care                                                                    
professionals.                                                                                                                  
                                                                                                                                
In 2003 Senate Bill 25 was signed into law establishing the loan                                                                
program.   Under this program, a qualified applicant is allowed to                                                              
purchase an owner-occupied home, without paying a conventional                                                                  
down payment.  As of October 31, 2007, 373 loans in 34 Alaska                                                                   
communities have been made to teachers and registered nurses,                                                                   
comprising over 72 million dollars in loans.                                                                                    
                                                                                                                                
This bill would make two significant changes to the existing program.                                                           
First, the original legislation contained a five-year sunset provision                                                          
that would repeal the program on July 1, 2008.  This bill would repeal                                                          

2008-01-17                     House Journal                      Page 1737
the sunset provision and would make the program permanent within                                                                
the Alaska Housing Finance Corporation.  Second, this bill would                                                                
expand the program to allow qualified licensed or certified health care                                                         
professionals, including registered nurses, in the state to take                                                                
advantage of the housing loans.  There is a serious shortage of health                                                          
care professionals in Alaska.  With this change, I hope to use this                                                             
housing loan program to help reduce this shortage.  I am committed to                                                           
improving access to health care services and I believe expanding the                                                            
housing loan program will help accomplish this goal.                                                                            
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
                                                                                                                                
HB 326                                                                                                                        
HOUSE BILL NO. 326 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act authorizing the governor to delegate to the adjutant                                                               
     general the authority to order the organized militia into active state                                                     
     service and authorizing the payment of Alaska National Guard                                                               
     called into active state service to fight wildfires at rates of pay                                                        
     established for certain emergency fire-fighting personnel; and                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs and the Finance Committee.                                                                         
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Indeterminate, Dept. of Military & Veterans' Affairs                                                                        
3.  Indeterminate, Dept. of Natural Resources                                                                                   
                                                                                                                                
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                

2008-01-17                     House Journal                      Page 1738
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill authorizing the Governor to delegate to the adjutant                                                        
general the authority to order the organized militia into active state                                                          
service and authorizing payment of Alaska National Guard called into                                                            
active state service to fight wildfires at rates of pay established for                                                         
certain emergency fire-fighting personnel.                                                                                      
                                                                                                                                
Section 1 of the bill would amend AS 26.05.070, which authorizes the                                                            
Governor to order the organized militia into active state service in                                                            
certain circumstances, to authorize the Governor to delegate to the                                                             
adjutant general the authority to order the organized militia into active                                                       
state service if these circumstances exist.  The organized militia                                                              
includes the Alaska National Guard, the Alaska Naval Militia, and the                                                           
Alaska State Defense Force.  The circumstances under which the                                                                  
organized militia may be called into active state service include the                                                           
occurrence or imminent danger of occurrence of a disaster or other                                                              
catastrophe.  Authorizing the Governor to delegate to the adjutant                                                              
general the authority to order the organized militia into active state                                                          
service is appropriate to allow a rapid response to such events,                                                                
particularly if the Governor is not immediately available.                                                                      
                                                                                                                                
Section 2 of the bill would amend AS 26.05.260(b), which establishes                                                            
the pay for members of the Alaska National Guard and the Alaska                                                                 
Naval Militia called into active state service under AS 26.05.070, to                                                           
authorize the payment of Alaska National Guard personnel called to                                                              
active state service to fight wildfires at rates of pay established for                                                         
emergency fire-fighting personnel under AS 41.15.030 if the adjutant                                                            
general and the commissioner of natural resources so agree.  Existing                                                           
AS 41.15.030 provides that the commissioner of natural resources may                                                            
hire emergency fire-fighting personnel and shall establish                                                                      
classifications and rates of pay for the emergency fire-fighting                                                                
personnel consistent with the compensation paid by other fire-fighting                                                          
agencies.  The amendment to AS 26.05.260(b) will allow pay parity                                                               
between national guard and civilian personnel of specified                                                                      
classifications fighting wildfires by agreement between the                                                                     
commissioner of natural resources and the adjutant general.  Section 2                                                          
would also amend AS 26.05.260(b) to remove an outdated provision                                                                
relating to payment of Alaska National Guard and Alaska Naval                                                                   

2008-01-17                     House Journal                      Page 1739
Militia members for active service performed during the fiscal year                                                             
ending June 30, 2000.                                                                                                           
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
                                                                                                                                
HB 327                                                                                                                        
HOUSE BILL NO. 327 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to shipping, sending, transporting, or bringing                                                           
     alcohol to a local option area and providing alcohol to others in                                                          
     the local option area, including penalties for violations; relating to                                                     
     furnishing alcohol to a minor and to civil penalties for licensees                                                         
     whose agents or employees furnish alcohol to a minor; relating to                                                          
     manslaughter as a direct result of ingestion of alcoholic beverages                                                        
     brought in violation of a local option prohibition; relating to                                                            
     reports of the court concerning certain alcohol violations by                                                              
     minors; making conforming amendments; and providing for an                                                                 
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs, Judiciary, and Finance Committees.                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Health & Social Services                                                                                     
3.  Zero, Dept. of Law                                                                                                          
4.  Zero, Dept. of Public Safety                                                                                                
5.  Indeterminate, Dept. of Administration                                                                                      
6.  Indeterminate, Dept. of Administration                                                                                      
7.  Indeterminate, Dept. of Corrections                                                                                         
8.  Fiscal, Dept. of Public Safety                                                                                              
                                                                                                                                

2008-01-17                     House Journal                      Page 1740
The Governor's transmittal letter dated January 15, 2008, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill that would build on the significant efforts made in                                                         
the last several years to curb the catastrophic health, economic, and                                                           
social problems that arise from alcohol abuse in Alaska.  The bill                                                              
addresses problems arising both in larger urban areas and in                                                                    
communities that have adopted local options limiting possession, sale,                                                          
or importation of alcohol.                                                                                                      
                                                                                                                                
A liquor licensee's agents or employees, such as bartenders or package                                                          
store clerks, may be charged with a class A misdemeanor, or a class C                                                           
felony under certain circumstances, if they sell or serve alcohol to a                                                          
person under 21 years of age.  Under current law, there is no adverse                                                           
consequence to the licensee if the person's agent or employee has                                                               
furnished alcohol to a minor.  The bill would adopt civil penalties -- a                                                        
civil fine for the first time an agent or employee is convicted, and a                                                          
civil fine and a license suspension for a second and subsequent                                                                 
conviction of an agent or employee within a five-year period.  These                                                            
consequences would increase the incentive for licensees to train and                                                            
supervise agents and employees in a way that would emphasize                                                                    
service only to persons 21 years of age and older.                                                                              
                                                                                                                                
Persons who illegally bring alcohol into a community in violation of a                                                          
local option, commonly called bootleggers, cause serious harm to their                                                          
communities.  The prosecution of bootleggers requires significant                                                               
effort by both law enforcement and prosecutors.  When the                                                                       
prosecution of a bootlegger is successful, penalties that would deter                                                           
future violations are important.  The bill would impose mandatory                                                               
minimum terms of imprisonment and fines for bootleggers that are                                                                
identical to the mandatory minimum terms and fines for drunk drivers                                                            
and persons who refuse to take a breath test.  Bootleggers often repeat                                                         
their illegal conduct.  The bill would provide that a person who                                                                
illegally brings alcohol into a local option area, and has been convicted                                                       
twice in the past ten years, may be prosecuted for a class C felony.                                                            
This is similar to the penalties for drunk driving and refusal, except                                                          
that the proposed look-back period is ten years, as compared to the                                                             
look-back period of 15 years for drunk driving and refusal.  The bill                                                           

2008-01-17                     House Journal                      Page 1741
would also allow persons convicted of bootlegging offenses to be                                                                
eligible for referral to the therapeutic court, as are persons convicted of                                                     
drunk driving and refusal.                                                                                                      
                                                                                                                                
Persons who bring alcohol into a community in violation of local                                                                
option laws can cause serious harm and even death to members of                                                                 
their community.  The bill would amend the manslaughter statute to                                                              
apply to a person who brings alcohol into a community in violation of                                                           
a local option, if a person dies as a direct result of ingesting the                                                            
alcohol.  This change is similar to the amendment to the manslaughter                                                           
statute adopted last year, that prohibited causing death by delivery of                                                         
certain illegal drugs, if death is the direct result of ingestion of the                                                        
drug.                                                                                                                           
                                                                                                                                
The Rural Justice Commission made several recommendations for                                                                   
alcohol enforcement that have already been enacted into law.  One                                                               
recommendation not yet adopted but strongly supported by law                                                                    
enforcement is included in the bill.  It would prohibit sending alcohol                                                         
in plastic containers to a local option area, unless it is sent to a                                                            
community delivery site.  Plastic bottles are much more difficult to                                                            
detect, because they weigh less and result in less detectible shipping                                                          
noise during transportation as compared to glass bottles.                                                                       
                                                                                                                                
Finally, the bill would clarify that the court is required under                                                                
AS 28.15.191(a) to make certain reports to the Department of                                                                    
Administration concerning certain violations of alcohol laws by                                                                 
minors for insertion on the central driver's license database.                                                                  
                                                                                                                                
This bill would help local communities address many of the problems                                                             
of alcohol abuse.  I urge your prompt and favorable consideration of                                                            
this proposal.                                                                                                                  
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
HB 328                                                                                                                        
HOUSE BILL NO. 328 by Representative Doogan, entitled:                                                                          
                                                                                                                                

2008-01-17                     House Journal                      Page 1742
     "An Act making supplemental appropriations, reappropriations,                                                              
     and appropriations to the constitutional budget reserve fund; and                                                          
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HB 329                                                                                                                        
HOUSE BILL NO. 329 by Representative Doogan, entitled:                                                                          
                                                                                                                                
     "An Act relating to consent to abortion and parental notification of                                                       
     an abortion on a minor; and repealing the judicial bypass                                                                  
     provisions relating to abortions."                                                                                         
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Judiciary Committees.                                                                                              
                                                                                                                                
HB 330                                                                                                                        
HOUSE BILL NO. 330 by the House Resources Committee, entitled:                                                                  
                                                                                                                                
     "An Act relating to management of noxious weeds and invasive                                                               
     plants; establishing the Noxious Weed and Invasive Plant Board;                                                            
     and establishing the noxious weed and invasive plant management                                                            
     fund."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                           LEGISLATIVE CITATIONS                                                                             
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
House approve the citation on the calendar.  There being no objection,                                                          
the following citation was approved and sent to enrolling:                                                                      
                                                                                                                                
Honoring - 25 Years of the Tesoro Iron Dog, the World's Longest,                                                                
Toughest Snowmobile Race                                                                                                        
By Senator Green; Representatives Harris, Buch, Chenault, Cissna,                                                               
Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough,                                                                 
Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                   
Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn,                                                                
Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels,                                                                   
Seaton, Stoltze, Thomas, Wilson                                                                                                 
                                                                                                                                

2008-01-17                     House Journal                      Page 1743
                            UNFINISHED BUSINESS                                                                              
                                                                                                                                
HB 284                                                                                                                        
Representative Kerttula added her name as first cosponsor to:                                                                   
                                                                                                                                
     HOUSE BILL NO. 284                                                                                                         
     "An Act relating to participation in certain student fellowships                                                           
     as an allowable absence from the state for purposes of                                                                     
     eligibility for permanent fund dividends; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
The sponsors are Representatives Hawker, Kerttula, Chenault,                                                                    
Lynn, and Buch.                                                                                                                 
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
House adjourn until 10:00 a.m., January 18, 2008.  There being no                                                               
objection, the House adjourned at 10:17 a.m.                                                                                    
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk