Legislature(1999 - 2000)
2000-01-21 House Journal
Full Journal pdf2000-01-21 House Journal Page 1945 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 21, 2000 Twelfth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:33 a.m. Roll call showed thirty members present. Representatives Davies, Harris, James, Kerttula, Morgan, Ogan, Therriault, and Williams had been previously excused from a call of the House today. Representative Green 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 Sanders - today, due to illness Representative Halcro - from today to 9:32 p.m., plane time, January24, 2000 (amended from page 1938) The invocation was offered by the Reverend Kim Poole of the Douglas Community United Methodist Church. Representative Davis moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: God, Creator of the Sun and the Moon, We are reminded of the constancy of Your love as we begin this day. Just as morning follows night and spring follows winter, so our lives and work are ordered. We move from task to task, from meeting to meeting, knowing that with each 2000-01-21 House Journal Page 1946 task we undertake we will be given the opportunity to create change in the world around us. The change may be as small as bringing a smile to the face of someone we love or as large as creating a whole new way of ordering our lives as a society. Lead us and guide us as we create those changes large and small. When day is done, may we look back on this day and say with all creation, "It is good." Amen. The Pledge of Allegiance was led by Representative Coghill. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the ninth, tenth and eleventh 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 20, 2000, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 166 SENATE BILL NO. 166 by the Senate Judiciary Committee by request, entitled: "An Act relating to the amendment and revocation of spouses' community property agreements and community property trusts; and providing for an effective date." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS Letters of disclosure, as required by AS 24.60, were published today in House Journal Supplement No. 5 and Senate & House Joint Journal Supplement No. 9. 2000-01-21 House Journal Page 1947 The following report was received January 19, 2000, in accordance with AS 44.47.567 and Article X, Section 12 of the Alaska Constitution: Dept. of Community & Economic Development Local Boundary Commission Report January 19, 2000 The letter from the chairman, the amendment to the commission's order, the recommendations and the addendum to the report of the Local Boundary Commission were published today in House & Senate Joint Journal Supplement No. 10. The Speaker referred the report to the Community & Regional Affairs Committee. The following reports were received: Dept. of Community & Economic Development Division of Banking, Securities, and Corporations Alaska Commercial Fishing and Agriculture Bank Annual Examination and Evaluation August 31, 1999 (as required by AS 44.81.270) Division of Insurance 61st Annual Report Calendar Year 1998, Fiscal Year 1999 (as required by AS 21.06.110) Dept. of Law Criminal Division Central Office Report on Law Enforcement Activities Related to Charitable Gaming January 12, 2000 (as required by AS 05.15.090) 2000-01-21 House Journal Page 1948 Dept. of Revenue Alaska Municipal Bond Bank Authority Transmittal Letter Reporting Excess Revenues from FY 99 Operations January 14, 2000 Certificate of Debt Service Reserves for Fiscal Year 1999 January 14, 2000 (as required by AS 44.85.270) Annual Report 1999 (as required by AS 44.85.100) The following audit reports were received: Division of Legislative Budget & Audit Legislative Budget & Audit Committee (as required by AS 24.30.311) Dept. of Administration Alaska Oil & Gas Conservation Commission and Dept. of Community & Economic Development Regulatory Commission of Alaska December 7, 1999 Dept. of Administration Division of Longevity Programs Alaska Pioneers' Home October 8, 1999 Dept. of Transportation & Public Facilities Central Region Homer Gravel Roads Project October 15, 1999 REPORTS OF STANDING COMMITTEES HCR 15 The Health, Education & Social Services Committee has considered: 2000-01-21 House Journal Page 1949 HCR 15 HOUSE CONCURRENT RESOLUTION NO. 15 Requesting the governor to proclaim March as Developmental Disability Awareness Month. The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (5): Green, Dyson, Coghill, Whitaker, Kemplen The following fiscal note applies: Zero fiscal note, House Health, Education & Social Services Committee, 1/21/00 HCR 15 was referred to the Rules Committee for placement on the calendar. HCR 16 The Rules Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 16 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to standing committees; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (3): Kott, Phillips, Cowdery No recommendation (1): Berkowitz The following fiscal note applies to CSHCR 16(RLS): Zero fiscal note, House Rules Committee/Legislature, 1/21/00 2000-01-21 House Journal Page 1950 HCR 16 HCR 16 was returned to the Rules Committee for placement on the calendar. HB 8 The Transportation Committee has considered: HOUSE BILL NO. 8 "An Act naming the pedestrian underpass at Montana Creek on the Parks Highway as Shelby's Way." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (3): Kookesh, Kohring, Cowdery No recommendation (2): Hudson, Halcro The following fiscal note applies: Zero fiscal note, Dept. of Transportation & Public Facilities, 1/21/00 HB 8 was referred to the Rules Committee for placement on the calendar. HB 220 The Judiciary Committee has considered: HOUSE BILL NO. 220 "An Act relating to the amendment and revocation of spouses' community property agreements and community property trusts; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Murkowski, Rokeberg, Kott No recommendation (1): Croft 2000-01-21 House Journal Page 1951 HB 220 The following fiscal note applies: Zero fiscal note, Dept. of Law, 1/21/00 HB 220 was referred to the Rules Committee for placement on the calendar. HB 222 The Judiciary Committee has considered: HOUSE BILL NO. 222 "An Act relating to the remedies available to judgment creditors against limited liability company members and their assignees and against limited partnership general and limited partners and their assignees; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Murkowski, Rokeberg, Kott No recommendation (1): Croft The following fiscal note applies: Zero fiscal note, Dept. of Law, 1/21/00 HB 222 was referred to the Rules Committee for placement on the calendar. HB 253 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 253 "An Act establishing a school disciplinary and safety program; and providing for an effective date." and recommends it be replaced with: 2000-01-21 House Journal Page 1952 HB 253 CS FOR HOUSE BILL NO. 253(HES) "An Act relating to a school disciplinary and safety program; and providing for an effective date." The Committee recommends an additional referral to the Judiciary Committee. The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Green, Dyson, Coghill, Whitaker The following fiscal note applies to CSHB 253(HES): Zero fiscal note, Dept. of Education & Early Development, 1/21/00 The Speaker added a Judiciary Committee referral, and so, HB 253 was referred to the Judiciary Committee. HB 266 The Transportation Committee has considered: HOUSE BILL NO. 266 "An Act renaming the Palmer-Wasilla Highway as the James Arland Rowland, Jr., Memorial Highway." and recommends it be replaced with: CS FOR HOUSE BILL NO. 266(TRA) "An Act designating the James Arland Rowland, Jr., Memorial Highway." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (5): Cowdery, Kookesh, Kohring, Hudson, Halcro The following fiscal note applies to CSHB 266(TRA): Zero fiscal note, Dept. of Transportation & Public Facilities, 1/21/00 2000-01-21 House Journal Page 1953 HB 266 HB 266 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced: Honoring - Atsuo Tsunoda By Representative Grussendorf; Senator Taylor Honoring - William Schoephoester By Representative Bunde Honoring - Cec Riordan By Representative Bunde Honoring - Shirley Horn By Senator Ward In Memoriam - Emil Otto Herman Wegner By Representative Harris; Senator Lincoln In Memoriam - Bill Lewis By Representatives Davies, James, Kerttula In Memoriam - Helen L. Fisher By Representatives Smalley, Hudson, Davis, Phillips; Senators Torgerson, Elton which were referred to the Rules Committee for placement on the calendar; and Honoring - Kevin Kempton By Representative Porter; Senator Pearce which was taken up later as a Special Order of Business 2000-01-21 House Journal Page 1954 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 by Representative Rokeberg: Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to committee meetings; and providing for an effective date. was read the first time and referred to the Rules Committee. HJR 45 HOUSE JOINT RESOLUTION NO. 45 by Representative Rokeberg: Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators and to the length of regular sessions of the legislature. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 292 HOUSE BILL NO. 292 by the House Rules Committee by request of the Governor, entitled: "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. 2000-01-21 House Journal Page 1955 HB 292 The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 1/21/00 The Governor's transmittal letter dated January 18, 2000, appears below: "Dear Speaker Porter: People in the last decades of the twentieth century have had to address an important question that those before have not confronted: How do we achieve the delicate balance when releasing personal information between individual rights and the need to protect the public? One decision that has already been made in Alaska and other states is that some criminal justice information should be available to people making sensitive employment and license decisions. We have decided, for example, that an employer in a nursing home should be able to know whether a prospective employee has been convicted of elder abuse or other crimes; or that a person operating a day care center should have access to criminal history information for prospective child care workers. This bill I transmit today adopts The National Crime Prevention and Privacy Compact (Compact) which simplifies procedures and establishes a framework for inter-state sharing of criminal history records. The records are intended for use in noncriminal justice matters, such as employee background checks, as allowed by law. The National Criminal History Access and Child Protection Act, which adopts the Compact, was enacted in 1998. Two states have adopted the Compact and other states are now considering it. Adoption by a majority of states is expected within the next few years. The Compact would not change or expand the decisions Alaskans have already made about employers and licensing agents who should have access to criminal history information. Nor would adoption of the 2000-01-21 House Journal Page 1956 HB 292 Compact change any of the procedures, such as submission of fingerprints and payment of a fee through the state repository, for obtaining information. Rather, adoption of the Compact would allow persons who may obtain criminal justice information under present law to obtain more complete and accurate information. Currently, Alaska obtains out-of-state criminal history information from the Federal Bureau of Investigation (FBI). The information available depends on records that have been supplied to the FBI by other states. However, states may fail to provide information to the FBI or, as a matter of state policy, do not submit certain records to the FBI. Thus, the information in the FBI's files is often incomplete. By adopting the Compact, Alaska will obtain the records directly from other Compact states instead of relying on the accuracy of the FBI's duplicate repository. The information would be distributed according to Alaska law. Further, as a Compact state, Alaska would supply its criminal history records (other than information that is sealed under Alaska law such as juvenile records) to other Compact states upon request. The bill simplifies Alaska law for dissemination of records by allowing all past conviction information to be released, rather than basing release on time lapsed since the date of unconditional discharge. This ensures that all relevant information is available and removes the current confusion in determining the unconditional discharge date. The bill also allows the state to release all information about prior convictions, not just for a "serious offense." This solves the dilemma of trying to determine whether a crime in another jurisdiction would be a serious offense in Alaska and expands the relevant information available to interested persons. Sincerely, /s/ Tony Knowles Governor" HB 293 HOUSE BILL NO. 293 by the House Rules Committee by request of the Governor, entitled: 2000-01-21 House Journal Page 1957 HB 293 "An Act designating ketamine hydrochloride as a schedule IVA controlled substance; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 1/21/00 Zero fiscal note, Dept. of Corrections, 1/21/00 Zero fiscal note, Dept. of Law, 1/21/00 Zero fiscal note, Dept. of Public Safety, 1/21/00 The Governor's transmittal letter dated January 18, 2000, appears below: "Dear Speaker Porter: As part of the state's continuing efforts to control drug abuse, I am transmitting a bill that adds ketamine hydrochloride as a Schedule IVA controlled substance to the Alaska statutes relating to misconduct involving controlled substances. Ketamine hydrochloride is a synthetic drug that was developed in the 1960s as an anesthetic. It is commonly used by veterinarians. It was used as an anesthetic on the battlefield during the Vietnam War and considered a desirable anesthetic under battlefield conditions because it takes effect quickly and is remains effective for a relatively short period. However, experience with the drug has shown that upon awakening, humans often experience hallucinations, agitation, and delirium. Currently the drug is being abused because of these side effects. Ketamine hydrochloride has been listed as a controlled substance in other states such as New York, California, New Jersey, and Illinois, where abuse of the drug is prevalent. Although the drug is not yet common in Alaska, a veterinary clinic in Fairbanks was recently burglarized, and one of the alleged perpetrators admitted that the purpose of the break-in was to steal ketamine hydrochloride. Adding 2000-01-21 House Journal Page 1958 HB 293 the drug to scheduled controlled substances will give law enforcement the necessary tool to help control its abuse in our state. I urge your prompt and favorable consideration of this bill. Sincerely, /s/ Tony Knowles Governor" HB 294 HOUSE BILL NO. 294 by the House Rules Committee by request of the Governor, entitled: "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and to the collection and processing of samples from certain burglary perpetrators for the DNA identification registration system; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 1/21/00 Zero fiscal note, Dept. of Public Safety, 1/21/00 The Governor's transmittal letter dated January 18, 2000, appears below: "Dear Speaker Porter: Using DNA identification is an increasingly effective tool for law enforcement investigation. This bill I transmit today expands the state's ability to use this method for detecting and abating the 2000-01-21 House Journal Page 1959 HB 294 conviction of serious crimes by allowing the state to obtain DNA samples from convicted burglars. In 1995 Alaska adopted a DNA identification registration system. In this program persons convicted of most felony offenses against a person, and minors 16 years of age or older adjudicated delinquent for similar crimes, must provide a DNA sample to the Department of Public Safety for testing. Most other states in the country have a similar system of obtaining DNA samples from persons convicted of serious crimes. Since 1995 the technology and research into the uses of this information has grown rapidly. Research in other states into the criminal history of persons convicted of homicide and serious sexual assault has shown that over half the persons convicted of homicide or sexual assault were convicted of burglary before their convictions for the more serious crimes. DNA information from burglary convictions would be invaluable to law enforcement in the investigation of subsequent, more serious crimes against a person. The bill also allows juvenile and adult correctional, probation, and parole officers and peace officers to collect oral DNA samples. The collection technology has improved so that a simple, inexpensive, non- obtrusive kit allows the tested person to take an oral swab without the need of a medical professional. If a blood sample is required, it would still be taken by a medical professional. Penalties are provided for failure to cooperate with these sample requests. The bill also clarifies the procedures for removal of DNA material from the identification registration system, specifying that a court order is necessary for such removal. I urge your prompt and favorable consideration of this bill. Sincerely, /s/ Tony Knowles Governor" 2000-01-21 House Journal Page 1960 HB 295 HOUSE BILL NO. 295 by the House Rules Committee by request of the Governor, entitled: "An Act amending the definition of 'personal injury' for awards by the Violent Crimes Compensation Board to include emotional harm." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 1/21/00 The Governor's transmittal letter dated January 18, 2000, appears below: "Dear Speaker Porter: I am transmitting a bill amending the definition of "personal injury" for awards by the Violent Crimes Compensation Board to include emotional harm. Current state law defines "personal injury" for purposes of violent crime compensation as including only actual bodily harm. This definition is inconsistent with federal law, however, which recognizes emotional harm as a personal injury and ties federal funding to programs that cover these mental health needs. For many victims, the emotional harm suffered as a result of victimization is far more significant than actual bodily harm. This is particularly true for victims of sexual assault and abuse. And in other cases, such as dependants of homicide victims, no physical injury has been suffered at all, but emotional harm is certainly present. Victims should be eligible for compensation for treatment for emotional harm; this bill will allow for that compensation. 2000-01-21 House Journal Page 1961 HB 295 I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor" HB 296 HOUSE BILL NO. 296 by the House Judiciary Committee, entitled: "An Act relating to partnerships; amending Rule 25(c), Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 297 HOUSE BILL NO. 297 by Representatives James and Rokeberg, entitled: "An Act relating to the certificate of need program; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. HB 298 HOUSE BILL NO. 298 by Representatives Murkowski and Brice, entitled: "An Act requiring that health care insurers provide coverage for treatment of diabetes." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. HB 299 HOUSE BILL NO. 299 by Representative Ogan, entitled: "An Act relating to rates charged in a Pioneers' Home." 2000-01-21 House Journal Page 1962 HB 299 was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 300 HOUSE BILL NO. 300 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 1/21/00 The Governor's transmittal letter dated January 19, 2000, appears below: "Dear Speaker Porter: Thanks to the inception of Denali Kid Care in March 1999, 12,000 more Alaska children and pregnant women have basic medical care. The success of this program will have far-reaching and long-term effects on the health and well-being of Alaskans. The vast success of Denali Kid Care has brought more into focus, however, an ongoing problem with Medicaid benefits and its effect on Alaska's child support system. This bill corrects the problem by clarifying that a child support order need not be automatically established when a custodial parent receives medical benefits through Medicaid. The Child Support Enforcement Division (CSED) must, under federal law, issue a medical support order whenever a custodial parent receives medical benefits through Medicaid. The support order requires either parent to provide health care coverage for the child if it is available at 2000-01-21 House Journal Page 1963 HB 300 a reasonable cost. Currently, the CSED cannot establish a medical support order only; it must be in conjunction with a child support order that seeks monthly support payments. The custodial parent, however, may not want to pursue child support for various reasons. The current requirement to do so, then, becomes a disincentive to seek valuable medical benefits through Denali Kid Care. To allow more flexibility in such cases, this bill gives parents the option of requesting a medical support order only, without an accompanying child support order. This bill also amends the medical support statutes to provide that either parent, not simply the obligor parent, may be required to provide health care coverage if coverage is available to the parent at a reasonable cost. By making this change, the bill assures that the statutory requirements for medical support orders are consistent with the requirements of Alaska Civil Rules and related federal law. This bill also makes it clear that a medical support order can be issued regardless of whether health care coverage is currently available to either parent. This makes medical support a continuing obligation on the part of either parent to provide health care coverage for the child whenever it is available at a reasonable cost. In the interest of the health of Alaska's children, I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 301 HOUSE BILL NO. 301 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the education of exceptional children; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 2000-01-21 House Journal Page 1964 HB 301 The following fiscal note applies: Zero fiscal note, Dept. of Education & Early Development, 1/21/00 The Governor's transmittal letter dated January 19, 2000, appears below: "Dear Speaker Porter: Alaska's responsibility of providing quality education for our children extends to all children, including those with special needs. The bill I transmit today clarifies the state's role in the education of our exceptional children. In 1997 Congress reauthorized the Individuals with Disabilities Education Act (IDEA) which took effect this past July. State law and regulations contain inconsistencies that restrict our compliance with the federal program while creating confusion between the state Department of Education and Early Development (department) and individual school districts. This bill repeals those inconsistent state laws, brings the state into compliance with the intent of Congress, and offers clear guidance and assistance to school districts in delivering services to special education students. Alaska law presently requires that a school district provide special education services to children with disabilities who reside in the district. But state law also exempts students from compulsory attendance at the public school in a student's home district if the student is enrolled in an alternative program. The result is that the district of residence, which has the legal responsibility to provide special education services, may not be able to provide the services because the child has not enrolled at a school in the district, and the district may know nothing about the child. The bill corrects this problem by properly identifying the district of enrollment as the entity responsible for providing special education programs to children with disabilities. 2000-01-21 House Journal Page 1965 HB 301 The department recognizes that under some circumstances, like enrollment in a statewide correspondence program provided by a district located far from the student's home, the program may have to be creative in providing the required services to a special education student. It may, for example, have to contract with the student's home district for assistance in providing those services, or may have to make other arrangements. Present state law also provides that services for "exceptional children" include programs for gifted and talented children along with programs for children with disabilities. Federal money is available for children with disabilities but cannot be used for gifted and talented programs. To be consistent with federal policy, this bill separates special education requirements from offerings for gifted and talented children, while retaining the requirement that school districts provide programs for gifted and talented children. The department will adopt regulations to assist school districts in meeting this requirement. The bill also clarifies the method by which hearing officers are appointed to address appeals of special education issues. It requires the department to maintain a list of qualified hearing officers, establish criteria by which persons may be qualified, and provide appropriate training to them. As part of Alaska's commitment to quality education of our young people, I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 302 HOUSE BILL NO. 302 by the House Rules Committee by request of the Governor, entitled: "An Act relating to disclosure of public assistance information to report suspected abuse or neglect of children or vulnerable adults." 2000-01-21 House Journal Page 1966 HB 302 was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 1/21/00 Zero fiscal note, Dept. of Administration, 1/21/00 Zero fiscal note, Dept. of Health & Social Services, 1/21/00 The Governor's transmittal letter dated January 19, 2000, appears below: "Dear Speaker Porter: Part of the state's multi-faceted battle against child abuse is to take protective action for those children suspected to be victims of this crime. We can only succeed, though, if people who are aware of the abuse are allowed to report it to the proper authorities. This bill I transmit today makes it clear that employees of the state Division of Public Assistance may report cases of suspected child abuse, and abuse of a vulnerable adult, without violating any confidentiality requirements of their positions. Public assistance information is entitled to confidentiality protections under both federal and state law. However, before welfare reform, it was clear under federal law that public assistance employees were required to report information concerning suspected child abuse or neglect to the state agency charged with investigating such reports. Since welfare reform, this requirement is no longer explicit in the federal law. Furthermore, under state law, employees of contractors who provide services for the Department of Health and Social Services are mandatory reporters of suspected harm to vulnerable adults. The lack of clarity in terms of the responsibility of our own employees is inconsistent. This legislation explicitly exempts public assistance employees from their confidentiality requirements in order to file a report of suspected 2000-01-21 House Journal Page 1967 HB 302 abuse or neglect of a child or vulnerable adult. In this way, we can move Alaska further along in its efforts to stop child abuse and neglect. Sincerely, /s/ Tony Knowles Governor" HB 303 HOUSE BILL NO. 303 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of 'creditable coverage' and 'late enrollees' in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Health, Education & Social Services Committees. The following fiscal note applies: Zero fiscal note, Dept. of Community & Economic Development, 1/21/00 The Governor's transmittal letter dated January 20, 2000, appears below: "Dear Speaker Porter: 2000-01-21 House Journal Page 1968 HB 303 I am transmitting a bill relating to financial regulation of insurance companies and amending the state's 1997 insurance act to comply with federal requirements for health care insurance involving individuals, groups, and small employers. The bill would amend the insurance code with respect to the accounting standards followed by insurers when reporting annually on their financial condition to the director of the division of insurance. Under the bill, certain statutes related to the reporting of insurance company assets and liabilities are amended to eliminate provisions that are obsolete or that conflict with new accounting standards adopted by the National Association of Insurance Commissioners (NAIC). Existing law requires insurers doing business in this state to adhere to such standards. This also ensures Alaska will maintain its accreditation as a state with effective insurer solvency regulation. With respect to health care insurance, the bill puts Alaska in compliance with the federal Health Insurance Portability and Accountability Act of 1996 requiring guaranteed renewal of individual policies. Although the legislature three years ago passed amendments to the insurance code to conform to this federal law, that legislation relied on covering the market through the existing high-risk pool. But that did not take into consideration those who do not participate in the pool. This bill corrects that omission. In addition, this bill incorporates a 1998 federal mandate under the Women's Health and Cancer Rights Act requiring insurers to cover reconstructive surgery following mastectomies. This bill also includes several "clean-up" items to correct inadvertent errors and omissions and clarify changes made in the 1997 state law. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor" 2000-01-21 House Journal Page 1969 HB 304 HOUSE BILL NO. 304 by the House Rules Committee by request of the Governor, entitled: "An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; 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 notes apply: Fiscal note, Dept. of Environmental Conservation, 1/21/00 Zero fiscal note, Dept. of Revenue, 1/21/00 The Governor's transmittal letter dated January 20, 2000, appears below: "Dear Speaker Porter: Low-interest state loans from the Alaska Drinking Water Fund and the Alaska Clean Water Fund offer municipalities the means to build drinking water and sewage facility projects. This bill I transmit today will allow the state to use revenue bonds to capitalize the Alaska Drinking Water Fund. Both the Drinking Water and Clean Water funds are capitalized by annual federal grants that require a 20 percent state match. Bond revenues will help provide the state match for federal drinking water project money. But the state is only authorized to sell bonds for the Clean Water Fund. It makes sense to extend this leveraging power to the Drinking Water Fund. 2000-01-21 House Journal Page 1970 HB 304 As with existing law, the bill requires the state bond committee to conduct its activities in the best interests of the state, in a manner that will accomplish the most advantageous sale of the bonds. The bill also provides for a new, self-supporting structure to pay for the costs of operating these important loan programs. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor" HB 305 HOUSE BILL NO. 305 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the membership of the State Board of Registration for Architects, Engineers and Land Surveyors; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. The following fiscal note applies: Fiscal note, Dept. of Community & Economic Development, 1/21/00 The Governor's transmittal letter dated January 20, 2000, appears below: "Dear Speaker Porter: In 1998, I signed into law a bill adding a landscape architect to the State Board of Registration for Architects, Engineers and Land Surveyors (board) as a temporary, non-voting position. Since that time, it has become clear the participation of a landscape architect on the board is important to effective professional licensing and oversight. 2000-01-21 House Journal Page 1971 HB 305 This bill I transmit today forwards the boards' recommendation to make the landscape architect position a permanent board seat with the same voting and reimbursement privileges as every other board member. As a result of this bill, the board will have 11 members: five engineers, two architects, two land surveyors, one landscape architect and one member of the public. The landscape architect's expertise allows the board to properly assess applicant's qualifications, write appropriate regulations, and make strong disciplinary decisions. The temporary landscape architect board position is due to expire June 30, 2001. I urge your prompt and favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 306 HOUSE BILL NO. 306 by the House Rules Committee by request of the Governor, entitled: "An Act authorizing the commissioner of fish and game to award grants for certain resource activities; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 1/21/00 The Governor's transmittal letter dated January 20, 2000, appears below: "Dear Speaker Porter: 2000-01-21 House Journal Page 1972 HB 306 To continue our efforts to protect and enhance Alaska's natural resources, I am transmitting this bill authorizing the commissioner of the Department of Fish and Game to award grants for certain resource activities. Under this bill, the commissioner would have express authority to directly award grants that serve core missions of the department protecting, maintaining, and improving public access to fish, game, and habitat resources of Alaska. Current law necessitates the department to channel money through other agencies which causes delay and adds considerable administrative cost. An increasing amount of federal funding is available to restore fish habitat and passage. We have many opportunities to use these funds, particularly in the more developed areas of the state. Many of these opportunities are found on private land on some of Alaska's most productive fish streams, such as the Kenai River. Since the inception of the Kenai River 50/50 Cost Share project in 1995, the department has approved 160 projects to rehabilitate some 9,600 feet of riverbank and protect more than 15,700 feet of the Kenai River. But more money could have been directly targeted to these projects if we did not have to pay the U.S. Fish and Wildlife Service its 11 percent administrative cost for channeling these funds to the state. Direct grant authority for the department will eliminate the need to use the federal agency in this way. This legislation represents a cost-effective way to continue efforts on private and public land to rehabilitate riverbanks, protect fish streams and enhance access to these areas. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor" HB 307 HOUSE BILL NO. 307 by Representative Croft, entitled: 2000-01-21 House Journal Page 1973 HB 307 "An Act establishing an oil and gas corporate income tax and making conforming amendments; and amending the tax on corporations levied under the Alaska Net Income Tax Act to eliminate the state corporate income tax on taxable income of less than $10,000; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Labor & Commerce and Finance Committees. HB 308 HOUSE BILL NO. 308 by Representative Green, entitled: "An Act amending the piping codes applicable in the state." was read the first time and referred to the Labor & Commerce Committee. HB 309 HOUSE BILL NO. 309 by Representative Kohring, entitled: "An Act relating to the relationship between employees and labor organizations; and prohibiting collective bargaining contracts that require employees to join a labor or employee organization; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 310 HOUSE BILL NO. 310 by the House Labor & Commerce Committee by request, entitled: "An Act relating to the Alaska Insurance Guaranty Association; and amending Rule 24, Alaska Rules of Civil Procedure." was read the first time and referred to the Labor & Commerce and Judiciary Committees. 2000-01-21 House Journal Page 1974 CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS SB 162 The following, which was advanced to third reading from the January18, 2000, calendar (page 1938), was read the third time: CS FOR SENATE BILL NO. 162(JUD) "An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date." Representative Kott moved and asked unanimous consent that CSSB 162(JUD) be referred to the Judiciary Committee. The Speaker stated that, without objection, CSSB 162(JUD) would be referred to the Judiciary Committee. LEGISLATIVE CITATIONS Representative Green 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: Commemorating - The 75th Anniversary of Noel Wien's Historic Anchorage to Fairbanks Flight By Representatives Brice, Porter, Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kerttula, Kohring, Kott, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Williams UNFINISHED BUSINESS Representative Green 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 1:35 p.m., January 21 to 9:32 p.m., plane time, January 23, 2000 2000-01-21 House Journal Page 1975 Representative Masek - from 1:35 p.m., January 21 to 9:22 a.m., plane time, January 24, 2000 Representative Murkowski - from 7:15 a.m., January 22 to 9:32 p.m., plane time, January 23, 2000 Representative Coghill - from 7:15 a.m., January 25 to 9:32 p.m., plane time, January 26, 2000 Representative Kapsner - from 7:00 a.m., January 26 to 10:30 p.m., plane time, January 26, 2000 Representative Dyson - from 7:23 p.m., January 27 to 9:32 p.m., plane time, January 30, 2000 Representative Coghill - from 7:15 a.m., January 31 to 9:22 a.m., plane time, February 1, 2000 Representative Morgan - from 7:30 p.m., January 31 to 9:30 p.m., plane time, February 3, 2000 SPECIAL ORDER OF BUSINESS Representative Green moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Kevin Kempton, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Kevin Kempton By Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Pearce 2000-01-21 House Journal Page 1976 UNFINISHED BUSINESS HB 29 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 29 "An Act requiring that the cost of contraceptives and related health care services be included in health insurance coverage." HB 236 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 236 "An Act relating to credited service in the teachers' retirement system for part-time employment." HB 253 Representative Whitaker added his name as cosponsor to: HOUSE BILL NO. 253 "An Act establishing a school disciplinary and safety program; and providing for an effective date." HB 270 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 270 "An Act relating to sexual assault and sexual abuse and to payment for certain medical costs and examinations in cases of alleged sexual assault or sexual abuse." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 2000-01-21 House Journal Page 1977 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 24, 2000. There being no objection, the House adjourned at 11:01 a.m. Suzi Lowell Chief Clerk