Legislature(1999 - 2000)

2000-02-04 House Journal

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2000-02-04                     House Journal                      Page 2081
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- SECOND SESSION                  
                                                                               
Juneau, Alaska                       Friday           February 4, 2000         
                                                                               
                               Twenty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:07 a.m.                                                           
                                                                               
Roll call showed 36 members present.  Representatives Harris, Kott,            
and Murkowski had been previously excused from a call of the House             
today.                                                                         
                                                                               
Representative Green moved and asked unanimous consent that                    
Representative Morgan be excused from a call of the House until                
9:22a.m., plane time, February 8, 2000.  There being no objection, it          
was so ordered.                                                                
                                                                               
The invocation was offered by Student Rabbi, Jessica Zimmerman.                
Representative Bunde moved and asked unanimous consent that the                
invocation be spread on the journal.  There being no objection, it             
appears below:                                                                 
                                                                               
There is an old Jewish saying that teaches:                                   
                                                                               
A person should keep a note in each pocket -- one which says                  
"I am nothing but dust and ashes," and the other which says                    
"The world was created for me."                                                
                                                                               
This 18th century Polish saying could just as well have been                  
written today in Alaska.  Standing by the glacier, one feels                   
both insignificant and blessed.                                                
                                                                               
As representatives of this spectacular state, and its inhabitants,            
you have the privilege and the responsibility to ensure its                    
future.                                                                        

2000-02-04                     House Journal                      Page 2082
May you be blessed with determination, strength, and keen                     
vision.  May you protect this glorious land so that future                     
generations can enjoy it.  And may you always feel both                        
insignificant and mighty as you stand by the glacier.                          
                                                                               
The Pledge of Allegiance was led by Representative Williams.                   
                                                                               
                                   * * * * *                                   
                                                                               
Representative Ogan requested the House stand for a moment of                  
silence to honor the life of Alaska Railroad employee, Kerry                   
Brookman.                                                                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 24th and 25th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports, dated February 3, 2000, were received from              
Commissioner Robert Poe, Jr., Dept. of Administration:                         
                                                                               
Report on the Monetary Terms of the Collective                                 
 Bargaining Agreement between the State and the                                
 International Organization of Masters, Mates,                                 
 and Pilots, Pacific Maritime Region                                           
(as required by AS 23.40.215)                                                  
                                                                               
Report on the Monetary Terms of the Collective                                 
 Bargaining Agreement between the State and the                                
 Public Employees Local 71                                                     
 (Labor Trades and Crafts Unit)                                                
(as required by AS 23.40.215)                                                  
                                                                               
The Speaker referred the reports to the Finance Committee.                     
                                                                               
                                                                               

2000-02-04                     House Journal                      Page 2083
The following letter, with attachments, dated February 2, 2000, was            
received from Fran Ulmer, Lieutenant Governor:                                 
                                                                               
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I have certified the petition, "Bill Legalizing Hemp (Marijuana)," and         
have determined that it was properly filed.  With the assistance of the        
Attorney General, I will prepare a ballot title and proposition in             
accordance with AS 15.45.180.                                                  
                                                                               
                                                                               
A copy of the proposed law, which will be enacted if a majority of the         
votes cast on the initiative proposition favor its adoption, is enclosed.      
                                                                               
                                                                               
If, however, in formal concurrence with the Attorney General, I                
determine that the Legislature has enacted legislation that is                 
substantially the same as the proposed law before the date of the              
election, the petition will be declared void and no such ballot                
proposition will appear. (AS 15.45.210)                                        
                                                                               
                                                                               
Please feel free to contact my office should you have any questions or         
need further information.                                                      
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Fran Ulmer                                                              
							Lieutenant Governor"                                                    
                                                                               
                                                                               
The following additional reports were received:                                
                                                                               
Dept. of Community & Economic Development                                      
Alaska Energy Authority                                                        
Notification of Annual Capital Project                                         
 Status Reports                                                                
January 27, 2000                                                               
(as required by AS 44.83.950)                                                  
                                                                               

2000-02-04                     House Journal                      Page 2084
Legislative Affairs Agency                                                     
Office of the Executive Director                                               
Alaska Legislature 1999 Salary                                                 
 and Business Expense Report                                                   
Calendar Year 1999                                                             
(as required by AS 24.10.120)                                                  
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 105                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 105                                                            
"An Act providing for the licensing of speech-language                        
pathologists; and providing for an effective date."                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 105(FIN)                                                
"An Act providing for the licensing of speech-language                        
pathologists; relating to fees paid by audiologists and speech-                
language pathologists; and providing for an effective date."                   
                                                                               
The report was signed by Representatives Mulder and Therriault, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (1):  Bunde                                                            
                                                                               
No recommendation (8):  Mulder, Therriault, Foster, Austerman,                 
Davies, Grussendorf, Davis, Williams                                           
                                                                               
                                                                               
The following fiscal note applies to CSHB 105(FIN):                            
                                                                               
Fiscal note, Dept. of Community & Economic Development, 2/4/00                 
                                                                               
HB 105 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               

2000-02-04                     House Journal                      Page 2085
HB 137                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 137                                                            
"An Act relating to the municipal dividend program; and providing             
for an effective date."                                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 137(CRA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Harris, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (1):  Kookesh                                                          
                                                                               
No recommendation (4):  Murkowski, Halcro, Dyson, Joule                        
                                                                               
Amend (1):  Harris                                                             
                                                                               
                                                                               
The following fiscal notes apply to CSHB 137(CRA):                             
                                                                               
Zero fiscal note, Dept. of Community & Economic Development,                   
2/4/00                                                                         
Zero fiscal note, Dept. of Revenue, 2/4/00                                     
                                                                               
HB 137 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
HB 230                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 230                                                            
"An Act granting certain dispatchers in police or fire departments            
or for the state troopers status as peace officers under the public            
employees' retirement system; and providing for an effective date."            
                                                                               
and recommends it be replaced with:                                            
                                                                               

2000-02-04                     House Journal                      Page 2086
HB 230                                                                       
CS FOR HOUSE BILL NO. 230(STA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  James, Smalley, Kerttula, Whitaker                               
                                                                               
No recommendation (1):  Ogan                                                   
                                                                               
Amend (2):  Green, Hudson                                                      
                                                                               
The following fiscal note applies to CSHB 230(STA):                            
                                                                               
Indeterminate fiscal note, Dept. of Administration, 2/4/00                     
                                                                               
HB 230 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 233                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 233                                                            
"An Act granting authority to each municipality to be a debtor                
under 11 U.S.C. (Federal Bankruptcy Act) and to take any                       
appropriate action authorized by federal law relating to bankruptcy            
of a municipality."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 233(CRA)                                                
"An Act granting authority to each municipality or other political            
subdivision, public agency, or other instrumentality of the state to           
be a debtor under Chapter 9 of the Federal Bankruptcy Act and to               
take any appropriate action authorized by federal law relating to              
bankruptcy."                                                                   
                                                                               
The report was signed by Representative Harris, Co-chair, with the             
following individual recommendations:                                          
                                                                               

2000-02-04                     House Journal                      Page 2087
HB 233                                                                       
Do pass (5):  Murkowski, Halcro, Joule, Harris, Kookesh                        
                                                                               
No recommendation (1):  Dyson                                                  
                                                                               
The following fiscal note applies to CSHB 233(CRA):                            
                                                                               
Zero fiscal note, House Community & Regional Affairs Committee,                
2/4/00                                                                         
                                                                               
HB 233 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 258                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 258                                                            
"An Act relating to assisted living homes; and providing for an               
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 258(HES)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Dyson, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Coghill, Whitaker, Brice                                         
                                                                               
No recommendation (2):  Dyson, Kemplen                                         
                                                                               
                                                                               
The following fiscal notes apply to CSHB 258(HES):                             
                                                                               
Fiscal note, Dept. of Administration, 2/4/00                                   
Fiscal note, Dept. of Health & Social Services, 2/4/00                         
                                                                               
HB 258 was referred to the Finance Committee.                                  
                                                                               
                                                                               

2000-02-04                     House Journal                      Page 2088
HB 268                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 268                                                            
"An Act relating to the Alaska Higher Education Savings Trust;                
and providing for an effective date."                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 268(HES)                                                
"An Act relating to a University of Alaska postsecondary                      
education savings program, to the Alaska Higher Education                      
Savings Trust, and to the Alaska advance college tuition savings               
fund; and providing for an effective date."                                    
                                                                               
The report was signed by Representative Dyson, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Dyson, Coghill, Whitaker                                         
                                                                               
No recommendation (3):  Green, Kemplen, Brice                                  
                                                                               
                                                                               
The following fiscal note applies to CSHB 268(HES):                            
                                                                               
Fiscal note, University of Alaska, 2/4/00                                      
                                                                               
HB 268 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 288                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 288                                                            
"An Act relating to the creation of an aggravating factor for the             
commission of domestic violence in the physical presence of a                  
child."                                                                        
                                                                               
The report was signed by Representative Dyson, Chair, with the                 
following individual recommendations:                                          
                                                                               

2000-02-04                     House Journal                      Page 2089
HB 288                                                                       
Do pass (4):  Dyson, Coghill, Whitaker, Brice                                  
                                                                               
No recommendation (1):  Kemplen                                                
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Corrections, 2/4/00                                      
Indeterminate fiscal note, Dept. of Administration, 2/4/00                     
Zero fiscal note, Dept. of Public Safety, 2/4/00                               
Zero fiscal note, Dept. of Law, 2/4/00                                         
                                                                               
HB 288 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 315                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 315                                                            
"An Act relating to elimination of the Alaska Administrative                  
Journal and instituting public notice requirements on the Alaska               
Online Public Notice System; amending public notice publication                
requirements for certain regulations; and providing for an effective           
date."                                                                         
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  James, Green, Hudson, Whitaker, Ogan, Smalley,                   
Kerttula                                                                       
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor, 1/24/00                              
                                                                               
                                                                               
HB 315 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               

2000-02-04                     House Journal                      Page 2090
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced:                                       
                                                                               
Honoring - Don and Nikki Gilman                                                
By Representatives Smalley, Phillips                                           
                                                                               
Honoring - Jay Quinlan, Freestyle Snowmobiling Champion                        
By Representative Harris; Senator Lincoln                                      
                                                                               
Honoring - Jess and Nella Wooten on their Fifty-seventh Wedding                
Anniversary                                                                    
By Senators Halford, Phillips; Representatives Dyson, Kohring                  
                                                                               
Honoring - Ben and Christine Shennum, 50th Wedding Anniversary                 
By Senator Ward; Representative Sanders                                        
                                                                               
In Memoriam - Senator William Merle "Bill" Poland                              
By Representative Austerman; Senator Mackie                                    
                                                                               
and referred to the Rules Committee for placement on the calendar;             
and                                                                            
                                                                               
                                                                               
In Memoriam - Morris Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill                                                 
                                                                               
                                                                               
In Memoriam - Thelma Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill                                                 
                                                                               
                                                                               
In Memoriam - Sheryl Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill                                                 
                                                                               
which were taken up later as a Special Order of Business.                      
                                                                               
                                                                               

2000-02-04                     House Journal                      Page 2091
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
HB 153                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 153 by                                   
Representative Coghill, entitled:                                              
                                                                               
"An Act relating to leave for certain state employees; and                    
repealing terminal leave."                                                     
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 335                                                                       
HOUSE BILL NO. 335 by Representative Hudson, entitled:                         
                                                                               
"An Act relating to information contained in retirement system                
records; relating to retirement boards; relating to procedures and             
hearings under state retirement systems; relating to benefits for              
reemployed retired members of retirement systems; relating to                  
eligibility for normal retirement for members of the teachers'                 
retirement system who have Alaska BIA credited service; relating               
to disability benefits for members of state retirement systems;                
relating to deduction of premiums from retirement benefits;                    
relating to protection of, and assignment and transfer of, amounts             
held in retirement systems; relating to retirement benefits for                
certain employees earning high salaries; relating to qualified                 
domestic relations orders in state retirement systems; relating to             
the definition of 'retirement fund' in the teachers' retirement                
system; relating to membership of state employees in the teachers'             
retirement system; relating to refund of contributions made to the             
judicial retirement system or to the former elected public officers            
retirement system and repayment of refunded contributions in                   
those systems; relating to self-insurance and excess loss insurance            
for persons receiving benefits from a state retirement system;                 
relating to participation of elected officials in the public                   
employees' retirement system; relating to reinstatement of credited            
service in the public employees' retirement system after a refund              
because of certain levies; relating to the level income option                 
benefit under the public employees' retirement system; relating to             
participation  of  employees  of  political  subdivisions and public           

2000-02-04                     House Journal                      Page 2092
HB 335                                                                       
organizations in the public employees' retirement system; relating            
to penalties for attempts to defraud the public employees'                     
retirement system; relating to the definition of 'pension fund' in the         
public employees' retirement system; relating to calculation of                
years of service and of benefits under the public employees'                   
retirement system for noncertificated employees of certain                     
educational employers; and relating to individual accounts                     
maintained for members of the former elected public officers                   
retirement system."                                                            
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 336                                                                       
HOUSE BILL NO. 336 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act increasing the eligible maximum amount for quality                    
school grant funding for school districts; 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 applies:                                             
                                                                               
Zero fiscal note, Dept. of Education & Early Development, 2/4/00               
                                                                               
                                                                               
The Governor's transmittal letter dated February 2, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
As part of the state's Quality Schools Initiative, we have a                   
responsibility to improve student performance and provide them a               
passport to a bright, successful future.  One way to accomplish this is        
to help finance school district efforts to develop and maintain quality        
schools and  make  sure  students are getting  the academic tools they         

2000-02-04                     House Journal                      Page 2093
HB 336                                                                       
need to succeed.  To assist in this statewide effort, I am transmitting        
this bill to increase the maximum eligible amount of grants to school          
districts.                                                                     
                                                                               
                                                                               
In 1998 the legislature established quality school grants as a                 
component of public school funding.  The eligible amount was set at            
$16 per adjusted average daily membership.  This bill increases that           
amount to $52.  This increase, recommended by the state Board of               
Education and Early Development, is possible because school district           
enrollment projections are down for next year, saving the state about          
$19.9 million.                                                                 
                                                                               
                                                                               
The Department of Education and Early Development is recommending              
that additional money be provided to school districts in the form of           
grants, rather than increasing the amount of the base student allocation.      
By providing the additional support as a grant, Alaskans can be                
assured the money will go to support the implementation of the quality         
schools initiative, including the high school graduation qualifying            
examination, instead of being absorbed in salaries, building                   
maintenance, or administration.                                                
                                                                               
                                                                               
All Alaska families are concerned whether their children are meeting           
the new high state academic standards in reading, writing, and math.           
Most school districts are taking extraordinary steps to prepare their          
students to meet these standards.  Yet some administrators wonder              
what impact the high school graduation qualifying examination will             
have on their ability to deliver a quality program to their students.  The     
increased grant funding will allow a qualifying district to take creative      
measures to prepare its students, schools, and communities to work             
toward success on the examination.                                             
                                                                               
I urge your prompt and favorable action on this bill.                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               

2000-02-04                     House Journal                      Page 2094
HB 337                                                                       
HOUSE BILL NO. 337 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to claims against permanent fund dividends to                
pay certain amounts owed to state agencies and to fees for                     
processing claims against and assignments of permanent fund                    
dividends; and providing for an effective date."                               
                                                                               
was read the first time and referred to the State Affairs, Judiciary, and      
Finance Committees.                                                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Labor & Workforce Development, 2/4/00                    
                                                                               
The Governor's transmittal letter dated February 2, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Some state agencies are currently allowed to seek from individuals             
overdue payments of money due the state through a simple                       
administrative collection of permanent fund dividends.  But most state         
agencies still need to use a time consuming and costly court action to         
attach an individual's permanent fund dividend.  It makes sense for all        
our state agencies to have access to this "fast track" method of               
collecting from a person who receives a permanent fund dividend                
while in arrears with payments lawfully due to the state.  This bill I         
transmit today accomplishes this change in law.                                
                                                                               
Examples of agencies now able to attach permanent fund dividends               
with a simple administrative action include the Department of Health           
and Social Services, for reimbursement of certain court-ordered                
treatment, and the Alaska Commission on Postsecondary Education for            
student loans in default.                                                      
                                                                               
But the Department of Labor and Workforce Development, for                     
example, must file a small claims court action or seek criminal                
prosecution to recover overpaid unemployment insurance benefits and            
fraud  penalties.  Partly  as a result  of this  cumbersome  method, the       

2000-02-04                     House Journal                      Page 2095
HB 337                                                                       
department estimates the state is owed $4.5 million in outstanding             
benefits received by fraudulent means, $3.6 million in statutory               
penalties, and $1.6 million for overpaid benefits.  Not only will this         
bill increase recovery rates, but because these owed benefits are paid         
by employer taxes, it will reduce employer tax rates within the state.         
                                                                               
                                                                               
A state agency would not be required to use these new procedures for           
collection.  Any agency that elects to use the new procedures would            
be required to notify the individual of the claim with a fair opportunity      
for a hearing at which the individual could contest the agency's claim         
to the permanent fund dividend.  If a hearing is not requested or the          
claim is resolved in favor of the state agency, the agency may collect         
the money from the individual's permanent fund dividend without                
filing a court action.                                                         
                                                                               
                                                                               
Passage of this measure gives state agencies an additional tool to             
recover money that is lawfully owed to the state under existing state          
laws.                                                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 338                                                                       
HOUSE BILL NO. 338 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to crimes involving computers, access devices,               
other technology, and identification documents; relating to the                
crime of criminal impersonation; relating to crimes committed by               
the unauthorized access to or use of communications in electronic              
storage; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               

2000-02-04                     House Journal                      Page 2096
HB 338                                                                       
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 2/4/00                                   
Fiscal note, Dept. of Law, 2/4/00                                              
Fiscal note, Dept. of Public Safety, 2/4/00                                    
                                                                               
                                                                               
The Governor's transmittal letter dated February 2, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
The advances in technology in the last decade have given us dazzling           
and practical tools for working together and communicating with the            
entire world.  With these advances, however, come opportunities for            
criminals to victimize individuals and the public in devious and               
harmful ways.  This bill I am transmitting today will help law                 
enforcement prosecute those who cause harm and commit crimes                   
through the use of computers and other high technology.                        
                                                                               
                                                                               
This bill recognizes that theft of personal information, known as              
"identity theft," can damage people in financial loss and reputation,          
which is difficult to repair.  Moreover, it is often difficult for the         
owner of the identity to get help from law enforcement because that            
person is not considered the victim; the bank, credit card company, or         
retailer who advanced the property or services is considered the victim.       
                                                                               
                                                                               
Deceptive business practices, such as fraud and false advertising, can         
more easily be perpetrated through electronic communication methods            
with a limitless number of potential victims.  Additionally, offenses          
such as the production of child pornography are much more harmful              
to victims when the material is widely dispersed in an electronic              
format.                                                                        
                                                                               
                                                                               
To address all of the above issues, the bill specifically makes the            
following changes in our criminal laws:                                        
                                                                               

2000-02-04                     House Journal                      Page 2097
HB 338                                                                       
Eliminates any potential confusion that placing child pornography             
in an electronic format and then onto a computer network or                    
computer system is a serious crime.                                            
                                                                               
Replaces "credit card" with "access device" in our theft statutes so          
they clearly include identification numbers and telephone                      
information in addition to credit card numbers.                                
                                                                               
Allows a person to be prosecuted for obtaining an "access device"             
with intent to use it fraudulently, and for using the device to                
defraud.                                                                       
                                                                               
Establishes a class B felony to use identity information of another           
person without authorization and for damaging the financial                    
reputation of that person.  A class B felony is punishable by                  
imprisonment for up to 10 years and by a fine of up to $50,000.                
                                                                               
Raises the stakes for engaging in deceptive business practices with           
the use of a computer by making it a class C felony, punishable                
by up to five years incarceration and a $50,000 fine.                          
                                                                               
Broadens the definition of criminal use of a computer, a class C              
felony, to include obtaining proprietary information, information              
that is only available to the public for a fee, introducing                    
information that damages the computer, and encrypting                          
information.                                                                   
                                                                               
Makes it a class A misdemeanor to eavesdrop on another person's               
electronic or voice mail or other communication in electronic                  
storage.  A class A misdemeanor is punishable by up to one year                
in jail and a fine of up to $5,000.                                            
                                                                               
This bill is timely and necessary to keep law enforcement in pace with         
modern technology.                                                             
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               

2000-02-04                     House Journal                      Page 2098
HB 339                                                                       
HOUSE BILL NO. 339 by Representatives Mulder, Hudson, and                      
Austerman, entitled:                                                           
                                                                               
"An Act authorizing the Alaska Commercial Fishing and                         
Agriculture Bank to make loans relating to tourism and                         
development or exploitation of natural resources."                             
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 340                                                                       
HOUSE BILL NO. 340 by Representative Williams, entitled:                       
                                                                               
"An Act relating to designating the Ketchikan Indian Corporation              
as a regional housing authority."                                              
                                                                               
was read the first time and referred to the Community & Regional               
Affairs Committee.                                                             
                                                                               
HB 341                                                                       
HOUSE BILL NO. 341 by Representative Harris, entitled:                         
                                                                               
"An Act relating to agricultural facilities and operations as private         
nuisances; and to disclosures in transfers of real property located            
within one mile of an agricultural facility or an agricultural                 
operation."                                                                    
                                                                               
was read the first time and referred to the Judiciary and Resources            
Committees.                                                                    
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 25                                                                         
The following was read the second time:                                       
                                                                               
HOUSE BILL NO. 25                                                             
"An Act relating to a municipal river habitat protection tax credit."         
                                                                               

2000-02-04                     House Journal                      Page 2099
HB 25                                                                         
with the:                                                Journal Page         
                                                                               
	CRA RPT  7DP                                                      130         
	ZERO FISCAL NOTE (DCRA)                                           130         
	RES RPT   7DP 2NR                                                2004         
	2 ZERO FISCAL NOTES (DCED, F&G)                                  2004         
                                                                               
Representative Green moved and asked unanimous consent that HB 25              
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
HB 25 was read the third time.                                                 
                                                                               
The question being:  "Shall HB 25 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 25                                                                          
Third Reading                                                                  
Final Passage                                                                  
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring,             
Kookesh, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg,               
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Excused:  Harris, Kott, Morgan, Murkowski                                      
                                                                               
And so, HB 25 passed the House and was referred to the Chief Clerk             
for engrossment.                                                               
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 222                                                                       
The following, which was advanced to third reading from the                    
February2, 2000, calendar (page 2074), was read the third time:                
                                                                               

2000-02-04                     House Journal                      Page 2100
HB 222                                                                       
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 following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Berkowitz                                                      
Representative Mulder                                                         
	Representative Dyson                                                          
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
                                                                               
The question being:  "Shall HB 222 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 222                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring,             
Kookesh, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg,               
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Excused:  Harris, Kott, Morgan, Murkowski                                      
                                                                               
And so, HB 222 passed the House.                                               
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
HB 222 was referred to the Chief Clerk for engrossment.                        
                                                                               

2000-02-04                     House Journal                      Page 2101
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Green moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - Vicki Otte and Lynne Ballew                                         
By Representatives Mulder, Porter, Austerman, Barnes, Brice, Bunde,            
Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott,                
Masek, Murkowski, Phillips, Rokeberg, Smalley, Williams                        
                                                                               
Honoring - James Fisher                                                        
By Representatives Smalley, Porter, Austerman, Barnes, Brice, Bunde,           
Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott,                
Masek, Mulder, Murkowski, Phillips, Rokeberg, 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 Williams - from 2:20 p.m., February 4 to 10:00 p.m.,            
plane time, February 6, 2000                                                   
                                                                               
Representative Phillips - from 7:15 a.m., February 7 to 9:22 a.m., plane       
time, February 8, 2000                                                         
                                                                               
Representative Kemplen - from 1:35 p.m., February 4 to 9:44 a.m.,              
plane time, February 7, 2000                                                   
                                                                               
Representative Joule - from 1:35 p.m., February 4 to 9:22 a.m., plane          
time, February 8, 2000 (amended from page 2074)                                
                                                                               
Representative Davies - from 1:35 p.m., February 6 to 9:22 a.m., plane         
time, February 8, 2000                                                         
                                                                               
Representative Kookesh - from 7:15 a.m., February 7 to 9:45 a.m.,              
plane time, February 8, 2000                                                   
                                                                               

2000-02-04                     House Journal                      Page 2102
Representative Williams - from 2:20 p.m., February 10 to 10:00 a.m.,           
plane time, February 14, 2000                                                  
                                                                               
                                                                               
HB 288                                                                       
The Speaker added a Finance Committee referral to follow the                   
Judiciary Committee referral for the following:                                
                                                                               
HOUSE BILL NO. 288                                                            
"An Act relating to the creation of an aggravating factor for the             
commission of domestic violence in the physical presence of a                  
child."                                                                        
                                                                               
HB 288 is in the Judiciary Committee.                                          
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Joule moved and asked unanimous consent that the                
notice and publication requirements be waived and the citations, In            
Memoriam - Morris Thompson, In Memoriam - Thelma Thompson,                     
and In Memoriam - Sheryl Thompson, be taken up as a Special Order              
of Business at this time.  There being no objection, it was so ordered.        
                                                                               
                                                                               
Representative Joule moved and asked unanimous consent that all                
members of the House be shown as cosponsors of the citations.  There           
being no objection, it was so ordered.                                         
                                                                               
                                                                               
Representative Joule moved and asked unanimous consent that the                
House approve the citations.  There being no objection, the following          
citations were approved and sent to enrolling:                                 
                                                                               
In Memoriam - Morris Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill, Porter, Austerman, Barnes, Berkowitz,          
Bunde, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Green,                    
Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen,                  
Kerttula, Kohring, Kott, Masek, Moses, Mulder, Murkowski, Ogan,                
Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams           
                                                                               

2000-02-04                     House Journal                      Page 2103
In Memoriam - Thelma Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill, Porter, Austerman, Barnes, Berkowitz,          
Bunde, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Green,                    
Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen,                  
Kerttula, Kohring, Kott, Masek, Moses, Mulder, Murkowski, Ogan,                
Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams           
                                                                               
                                                                               
In Memoriam - Sheryl Thompson                                                  
By Senators Adams, Lincoln, Wilken; Representatives Kookesh, Joule,            
Morgan, Davies, Brice, Coghill, Porter, Austerman, Barnes, Berkowitz,          
Bunde, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Green,                    
Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen,                  
Kerttula, Kohring, Kott, Masek, Moses, Mulder, Murkowski, Ogan,                
Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams           
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 51                                                                       
Representatives Kott, Coghill, and Davies added their names as                 
cosponsors to:                                                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 51                                                 
Expressing support for a cooperative United States-Canada                     
feasibility study on extending the North American rail system                  
through British Columbia and the Yukon Territory to Alaska.                    
                                                                               
HB 25                                                                        
Representatives Smalley, Bunde, Davis, and Green added their names             
as cosponsors to:                                                              
                                                                               
HOUSE BILL NO. 25                                                             
"An Act relating to a municipal river habitat protection tax credit."         
                                                                               
HB 191                                                                       
Representative Mulder added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 191                                                            
"An Act relating to charter schools; and providing for an effective           
date."                                                                         

2000-02-04                     House Journal                      Page 2104
HB 279                                                                       
Representative Coghill added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 279                                                            
"An Act relating to the use of frequent flyer miles or another                
bonus earned on travel paid for by the state."                                 
                                                                               
                                                                               
HB 288                                                                       
Representative Coghill added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 288                                                            
"An Act relating to the creation of an aggravating factor for the             
commission of domestic violence in the physical presence of a                  
child."                                                                        
                                                                               
                                                                               
HB 329                                                                       
Representative Kohring added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 329                                                            
"An Act relating to unborn children and abortion."                            
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 25                                                                        
HB 25 was engrossed, signed by the Speaker and Chief Clerk and                 
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 222                                                                       
HB 222 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               

2000-02-04                     House Journal                      Page 2105
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., February 7, 2000.  There being no              
objection, the House adjourned at 11:04 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk