Legislature(1999 - 2000)
2000-02-11 House Journal
Full Journal pdf2000-02-11 House Journal Page 2161 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 11, 2000 Thirty-third Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:07 a.m. Roll call showed 24 members present. Representatives Brice, Green, Grussendorf, Kookesh, Kott, Moses, Mulder, Rokeberg, Whitaker, and Williams had been previously excused from a call of the House today. Representative Foster, Acting Majority Leader, moved and asked unanimous consent that Representatives Austerman, Cowdery, Davies, Murkowski, Phillips, and Sanders be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Reverend Johnny L. Reimer of the Douglas Island Bible Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our God and Heavenly Father, We thank You that though You are the almighty Sovereign God You are concerned about each of us individually. Keep us from hiding or running away when You wish to communicate with us. Help us to remember that each of us is precious to You and therefore important. Give us the grace and strength to open ourselves to You. Reveal to us Your truth. 2000-02-11 House Journal Page 2162 You are the source of all truth and as we seek to discover truth help us to remember that. Then grant us strength to take our stand for truth and against error. In the midst of a world that is fast losing the true concept of integrity, help us to take up the challenge to reestablish integrity in our sphere of influence. Deliver us from excuses, alibis, bitterness, malice, or a vengeful spirit. Develop within us a great capacity for truth, boldness, righteousness, and patience. While we have individual and personal responsibility with accountability to our constituents, remind us that we are ultimately accountable to You. Teach us how we can effectively work with others. Help us to demonstrate patience with one another, especially those who may not fully agree with us. Help us to be open to the opinions of others and to honor their convictions. Keep our eyes fixed on the goal that is before us, bending our efforts, individually and collectively, to accomplish and realize it. Through Christ our Lord we pray. Amen. The Pledge of Allegiance was led by Representative Halcro. * * * * * Representative Hudson requested that the House stand for a moment of silence to honor the life of former Representative Ron Larson. CERTIFICATION OF THE JOURNAL Representative Foster moved and asked unanimous consent that the journal for the 31st and 32nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 8, 2000, was read stating that in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the positions noted: 2000-02-11 House Journal Page 2163 The following appointments were referred to the Labor & Commerce Committee: Alaska State Board of Public Accountancy Ms. Lottie C. Fleeks of Fairbanks Appointed: 1/19/2000 Expires: 04/25/2003 Mr. Dean W. Nelson of Anchorage Appointed: 05/31/1995 Reappointed: 06/23/1999 Expires: 04/25/2003 State Board of Registration for Architects, Engineers, and Land Surveyors Ms. Kathleen L. Gardner of Anchorage Appointed: 04/03/1998 Reappointed: 08/03/1999 Expires: 07/01/2003 Mr. Ernie Siemoneit of Healy Appointed: 01/30/1996 Reappointed: 06/23/1999 Expires: 07/01/2003 Board of Dental Examiners Ms. Mary Ann Cerney of Fairbanks Appointed: 08/03/1999 Expires: 02/01/2003 Dr. David G. Logan of Juneau Appointed: 09/15/1999 Expires: 02/01/2003 Alaska Labor Relations Agency Mr. Richard D. Brickley of Fairbanks Appointed: 09/22/1999 Expires: 06/30/2000 Mr. Robert Allen Doyle of Wasilla Appointed: 10/07/1994 Reappointed: 08/21/1996 and 08/03/1999 Expires: 06/30/2002 Board of Marine Pilots Mr. Jeffrey L. Thompson of Anchorage Appointed: 11/10/1999 Expires: 06/01/2000 2000-02-11 House Journal Page 2164 Board of Marital and Family Therapy Ms. Vivian C. Finlay of Wasilla Appointed: 01/19/2000 Expires: 12/14/2003 Ms. Ann W. Swift of Fairbanks Appointed: 01/19/2000 Expires: 12/24/2000 State Medical Board Dr. Irvin A. Rothrock of Fairbanks Appointed: 03/06/1996 Reappointed: 01/19/2000 Expires: 01/12/2004 Board of Certified Direct-Entry Midwives Ms. Dana Brown of Fairbanks Appointed: 01/19/2000 Expires: 02/01/2004 Dr. Mark E. Richey of Anchorage Appointed: 02/20/1997 Reappointed: 01/19/2000 Expires: 07/21/2003 Board of Nursing Ms. Lynn E. Hartz of Anchorage Appointed: 08/23/1999 Expires: 03/31/2003 Ms. Susan Rinker of Barrow Appointed: 08/23/1999 Expires: 03/31/2002 Ms. Nancy L. Sanders of Anchorage Appointed: 08/23/1999 Expires: 03/31/2001 Ms. Mary H. Weymiller of Fairbanks Appointed: 08/23/1999 Expires: 03/31/2003 Occupational Safety and Health Review Board Mr. Timothy O. Sharp of Fairbanks Appointed: 10/12/1995 Reappointed: 06/23/1999 Expires: 08/01/2003 Board of Examiners in Optometry Dr. Aharon Sternberg of Anchorage Appointed: 08/21/1996 Reappointed: 06/23/1999 Expires: 06/15/2003 2000-02-11 House Journal Page 2165 Board of Pharmacy Mr. Mark D. Bohrer of Eagle River Appointed: 11/10/1999 Expires: 04/01/2000 Mr. Ron J. Miller of Chugiak Appointed: 11/10/1999 Expires: 04/01/2003 Ms. Laura Lee Nelson of Juneau Appointed: 06/29/1999 Expires: 04/01/2001 State Physical Therapy and Occupational Therapy Board Ms. Dee Berline of Anchorage Appointed: 05/15/1996 Reappointed: 01/19/2000 Expires: 01/01/2004 Board of Professional Counselors Ms. Sondra Sexton-Jones of Wrangell Appointed: 08/03/1999 Expires: 11/01/2002 Board of Certified Real Estate Appraisers Ms. Eileen R. Bechtol of Homer Appointed: 06/25/1996 Reappointed: 06/23/1999 Expires: 06/30/2003 Board of Social Work Examiners Ms. Beverly Haywood of Juneau Appointed: 07/20/1995 Reappointed: 11/10/1999 Expires: 07/01/2003 Board of Veterinary Examiners Dr. Jean Battig of Fairbanks Appointed: 04/11/1997 Reappointed: 01/19/2000 Expires: 01/31/2004 Alaska Workers' Compensation Board Ms. Harriet M. Lawlor of Anchorage Appointed: 07/20/1995 Reappointed: 06/25/1996 and 06/23/1999 Expires: 07/01/2002 2000-02-11 House Journal Page 2166 The following appointment was referred to the House Special Committee on Fisheries and the Resources Committee: Alaska Commercial Fisheries Entry Commission (CFEC) Ms. Marlene Johnson of Juneau Appointed: 12/16/1996 Reappointed: 12/01/1999 Expires: 07/01/2003 The following appointments were referred to the Judiciary Committee: Commission on Judicial Conduct Mr. Michael P. McConahy of Fairbanks Appointed: 06/29/1999 Expires: 04/28/2003 Mr. Arthur H. Peterson of Juneau Appointed: 04/27/1995 Reappointed: 06/29/1999 Expires: 04/28/2003 Alaska Judicial Council Ms. Katie Hurley of Wasilla Appointed: 07/13/1999 Expires: 05/18/2003 Violent Crimes Compensation Board Mr. Stephen Boyer Wallace of Kodiak Appointed: 08/27/1998 Reappointed: 01/19/2000 Expires: 12/15/2002 The following appointments were referred to the Health, Education & Social Services Committee: Alaska Mental Health Trust Authority Board of Trustees Mr. Tom J. Hawkins of Anchorage Appointed: 03/03/1995 Reappointed: 01/19/2000 Expires: 03/03/2004 Ms. Susan LaBelle of Anchorage Appointed: 10/31/1997 Reappointed: 01/19/2000 Expires: 03/03/2004 2000-02-11 House Journal Page 2167 Professional Teaching Practices Commission Mr. Robert V. Christal of Anchorage Appointed: 09/23/1999 Expires: 07/01/2001 Ms. Linda Connelly of Palmer Appointed: 10/31/1997 Reappointed: 09/23/1999 Expires: 07/01/2002 Ms. Christine A. Miller Dart of North Pole Appointed: 07/22/1996 Reappointed: 09/23/1999 Expires: 07/01/2002 Mr. Lawrence Lee Oldaker of Auke Bay Appointed: 01/28/2000 Expires: 07/01/2002 Ms. Patricia A. Truman of Palmer Appointed: 09/23/1999 Expires: 07/01/2000 University of Alaska Board of Regents Mr. Joshua B. Horst of Douglas Appointed: 06/29/1999 Expires: 06/01/2001 The following appointment was referred to the House Special Committee on Oil & Gas and the Resources Committee: Alaska Oil and Gas Conservation Commission Mr. Daniel T. Seamount of Chugiak Appointed: 01/13/2000 Expires: 12/31/2004 The following appointments were referred to the State Affairs Committee: Personnel Board Mr. Charles T. Borg of Anchorage Appointed: 06/29/1999 Expires: 06/20/2004 Alaska Public Offices Commission (APOC) Ms. Andrea Jacobson of Ketchikan Appointed: 05/26/1999 Expires: 02/01/2004 Resumes for the appointments are on file in the Chief Clerk's office. 2000-02-11 House Journal Page 2168 COMMUNICATIONS The following reports were received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms of the Collective Bargaining Agreement between the State and the Public Safety Employees Association (Alaska State Troopers) February 8, 2000 (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. Dept. of Administration Division of Personnel Alaska Earnings and Consumer Price Index Trends, 1995-1998, and Comparison of Wages and Benefits for State and Non-State Employees, 1999 January 2000 Dept. of Community & Economic Development Alaska Aerospace Development Corporation 1999 Annual Report (as required by AS 14.40.866) Regulatory Commission of Alaska Alaska Public Utilities Commission Annual Report - Fiscal Year 1999 (as required by AS 42.05.211 and AS 42.06.220) Dept. of Labor & Workforce Development Office of the Commissioner Residency Analysis of Alaska's Workers by Firm-1998 February 2000 Revised Nonresidents Working in Alaska-1998 February 9, 2000 2000-02-11 House Journal Page 2169 REPORTS OF STANDING COMMITTEES HB 116 The Resources Committee has considered: HOUSE BILL NO. 116 "An Act relating to the Board of Agriculture and Conservation, to the agricultural revolving loan fund, to the disposal of state agricultural land, and to the Alaska Natural Resource Conservation and Development Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 116(RES) "An Act relating to the Board of Agriculture and Conservation, to the agricultural revolving loan fund, to the disposal of interests in state agricultural or grazing land; and providing for an effective date." The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (4): Morgan, Harris, Whitaker, Hudson No recommendation (5): Cowdery, Barnes, Kapsner, Joule, Masek The following fiscal note applies to CSHB 116(RES): Fiscal note, Dept. of Natural Resources, 2/11/00 HB 116 was referred to the Finance Committee. HB 191 The Finance Committee has considered: HOUSE BILL NO. 191 "An Act relating to charter schools; and providing for an effective date." and recommends it be replaced with: 2000-02-11 House Journal Page 2170 HB 191 CS FOR HOUSE BILL NO. 191(FIN) "An Act relating to charter schools." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (2): Foster, Mulder Do not pass (4): Austerman, Grussendorf, Moses, Williams No recommendation (3): Therriault, Bunde, Davis The following fiscal note applies to CSHB 191(FIN): Fiscal note, Dept. of Education & Early Development, 2/11/00 HB 191 was referred to the Rules Committee for placement on the calendar. HB 239 The Labor & Commerce Committee has considered: HOUSE BILL NO. 239 "An Act relating to the Uniform Commercial Code; relating to secured transactions; amending Rule 79, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 239(L&C) (same title) The report was signed by Representative Halcro, Vice Chair, with the following individual recommendations: Do pass (3): Halcro, Murkowski, Cissna No recommendation (1): Harris 2000-02-11 House Journal Page 2171 HB 239 The following fiscal note applies to CSHB 239(L&C): Fiscal note, Dept. of Natural Resources, 2/11/00 HB 239 was referred to the Judiciary Committee. HB 259 The Judiciary Committee has considered: HOUSE BILL NO. 259 "An Act relating to a parent's eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child." and recommends it be replaced with: CS FOR HOUSE BILL NO. 259(STA) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Green, Croft, Kerttula, Kott The following fiscal note applies to CSHB 259(STA): Zero fiscal note, Dept. of Administration, 1/28/00 HB 259 was referred to the Finance Committee. HB 268 The Finance 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: 2000-02-11 House Journal Page 2172 HB 268 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 Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Davies, Davis, Williams, Phillips No recommendation (4): Bunde, Austerman, Grussendorf, Moses The following fiscal note applies to CSHB 268(HES): Fiscal note, University of Alaska, 2/4/00 HB 268 was referred to the Rules Committee for placement on the calendar. HB 288 The Judiciary 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 288(JUD) "An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence or hearing of a child." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Green, Croft, Murkowski, Kerttula, Kott 2000-02-11 House Journal Page 2173 HB 288 The following fiscal notes apply to CSHB 288(JUD): 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 Finance Committee. HB 340 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 340 "An Act relating to designating the Ketchikan Indian Corporation as a regional housing authority." and recommends it be replaced with: CS FOR HOUSE BILL NO. 340(CRA) "An Act relating to designating the Ketchikan Indian Corporation as a regional housing authority; and providing for an effective date." The report was signed by Representative Harris, Co-chair, with the following individual recommendations: Do pass (6): Murkowski, Halcro, Kookesh, Joule, Morgan, Harris No recommendation (1): Dyson The following fiscal note applies to CSHB 340(CRA): Zero fiscal note, Dept. of Revenue, 2/11/00 HB 340 was referred to the Rules Committee for placement on the calendar. SB 7 The Resources Committee has considered: 2000-02-11 House Journal Page 2174 SB 7 CS FOR SENATE BILL NO. 7(FIN) am "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 7(RES) (same title) The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (3): Cowdery, Harris, Hudson Do not pass (3): Morgan, Kapsner, Joule No recommendation (2): Barnes, Masek The following fiscal notes apply to HCS CSSB 7(RES): Fiscal note, Dept. of Natural Resources, 2/11/00 Fiscal note, Dept. of Fish & Game, 2/11/00 Fiscal note, University of Alaska, 2/11/00 CSSB 7(FIN) am was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 289 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 289 "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force." 2000-02-11 House Journal Page 2175 HB 289 The report was signed by Representative Murkowski, Chair, with the following individual recommendations: Do pass (6): Kott, Croft, Cissna, Porter, Foster, Murkowski The following fiscal notes apply: Zero fiscal note, Dept. of Transportation & Public Facilities, 2/11/00 Zero fiscal note, House Special Committee on Military & Veterans' Affairs/Dept. of Community & Economic Development, 2/11/00 HB 289 was referred to the Transportation Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Darrell J. Thomas By Representative Williams; Senator Taylor The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Donna Tollman By Senator Lincoln; Representative Harris INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 55 HOUSE JOINT RESOLUTION NO. 55 by Representative Kerttula: Urging the government of the United States to accede to the 1997 Mine Ban Treaty. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations. 2000-02-11 House Journal Page 2176 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 29 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29 by Representatives CROFT, PHILLIPS, Kemplen, Kerttula, and Berkowitz, entitled: "An Act requiring that the cost of contraceptives be included in certain health care insurance coverage." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce, and Finance Committees. HB 361 HOUSE BILL NO. 361 by the House Finance Committee, entitled: "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated or fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 362 HOUSE BILL NO. 362 by Representative Murkowski, entitled: "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 2000-02-11 House Journal Page 2177 HB 363 HOUSE BILL NO. 363 by Representatives Austerman and Harris, entitled: "An Act relating to salmon product reports; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. HB 364 HOUSE BILL NO. 364 by Representative Croft, entitled: "An Act relating to and increasing the state minimum wage." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 365 HOUSE BILL NO. 365 by Representative Rokeberg, entitled: "An Act relating to the organization of the public school system; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Health, Education & Social Services, and Finance Committees. HB 366 HOUSE BILL NO. 366 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the rights of crime victims, the crime of violating a protective order or injunction, mitigating factors in sentencing for an offense, and the return of certain seized property to victims; expanding the scope of the prohibition of compromise based on civil remedy of misdemeanor crimes involving domestic violence; amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure and Rule 9, Alaska Rules of Administration." 2000-02-11 House Journal Page 2178 HB 366 was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 2/11/00 Indeterminate fiscal note, Dept. of Corrections, 2/11/00 Zero fiscal note, Dept. of Law, 2/11/00 Zero fiscal note, Dept. of Public Safety, 2/11/00 The Governor's transmittal letter dated February 10, 2000, appears below: "Dear Speaker Porter: The Victims' Rights Amendment (art. I, sec. 24, of the Alaska Constitution) was approved by 87 percent of Alaskan voters, and has been in effect since December 30, 1994. Since then, our knowledge of both the difficulties that a crime victim suffers and efforts to minimize the effects of victimization continues to grow. This bill I am transmitting today results from this increased knowledge. It contains four proposals, which are described in further detail below. Allowing a mitigated presumptive sentence for speedy no contest or guilty pleas; Simplifying procedures for victims to recover stolen property; Establishing a crime for violating protective injunctions in child in need of aid cases; Extending current disallowance of civil compromise in some domestic violence cases to all domestic violence cases. Mitigated Presumptive Sentences. The bill allows the court to mitigate a presumptive sentence when the defendant pleads no contest or guilty within 30 days after being charged. The reasoning is that early admission on the part of the defendant relieves the victim of some of the suffering involved in long, drawn out court procedures. This concept has already been recognized by the courts as a non-statutory mitigating factor. State v. McKinney, 946 P.2d 456 (Alaska 1997). 2000-02-11 House Journal Page 2179 HB 366 Recovering Stolen Property. The bill establishes a simplified procedure for theft victims to recover property that is in the possession of a law enforcement agency after having been recovered from a pawnshop or secondhand dealer. The current process is based on federal procedure and requires the victim to initiate formal legal proceedings to recover property. Under this less formal procedure, the victim could file a petition in state court supported by affidavit of ownership. The pawnshop or secondhand dealer can file a response supported by affidavit. Ownership may then be decided based on the information in the affidavits. Protective Injunction Violations. Alaska law authorizes the court to issue a protective injunction in child in need of aid (CINA) proceedings that orders perpetrators to stay away from a child. These are similar to protective orders in domestic violence cases. Unlike domestic violence protective orders, however, it is not a separate crime to violate a protective injunction for a child in a CINA proceeding. The bill corrects this unjust inconsistency by making it a class A misdemeanor for a perpetrator to violate the CINA injunction. Civil Compromise in Domestic Violence Cases. Alaska allows a person charged with a misdemeanor that harms a person or property to enter into a civil compromise by agreeing to pay the victim for personal costs, such as medical expenses or property damage. If the victim appears in court and acknowledges in writing that the defendant has paid the damages, the court may dismiss the charges, even if the prosecution objects to the dismissal. There are several exceptions in the statute allowing for civil compromise. One of the exceptions disallows compromise of cases between spouses and former spouses, or persons living together in a family or spousal relationship. The exception does not, however, include all domestic violence crimes. For example, it does not include domestic violence by a person who lived with another person if the court determines that the relationship was not a spousal relationship. This bill extends the disallowance of civil compromise to all cases involving domestic violence as defined in the Domestic Violence Prevention and Victim Protection Act of 1996. Civil compromise is not appropriate in domestic violence cases. This bill ensures that it will not occur. 2000-02-11 House Journal Page 2180 HB 366 This bill continues the state's efforts to better protect victims of crimes and deserves your favorable consideration. Sincerely, /s/ Tony Knowles Governor" HB 367 HOUSE BILL NO. 367 by the House Rules Committee by request of the Governor, entitled: "An Act providing for the revocation of driving privileges by a court for a driver convicted of a violation of traffic laws in connection with a fatal motor vehicle or commercial motor vehicle accident; and amending Rules 43 and 43.1, Alaska Rules of Administration." was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 2/11/00 Zero fiscal note, Dept. of Law, 2/11/00 Zero fiscal note, Dept. of Public Safety, 2/11/00 The Governor's transmittal letter dated February 10, 2000, appears below: "Dear Speaker Porter: Many Alaskans are killed annually by drivers who are operating their vehicles in an unsafe way, but are not specifically violating any criminal laws. In 1998, approximately 20 deaths on our state highways may have fallen into this category. The extent of any punishment in these cases is merely a fine for a traffic violation of up to $300. 2000-02-11 House Journal Page 2181 HB 367 Regardless of whether their conduct is criminal, drivers whose traffic violations contribute to an accident causing the death of another person pose a risk to people on the highways and cause much suffering to family and friends of their victims. This bill I transmit today addresses this unfortunate situation by requiring, under certain circumstances, revocation of driving privileges of a driver involved in a fatal traffic accident. This bill requires the court to revoke driving privileges in cases where a person violated traffic laws and the violation contributed to an accident that resulted in a death. The license revocation would be for one year and applies to drivers of all vehicles, including those for commercial use. The court would be allowed to grant limited license privileges if it determines driving is critical to the person's livelihood and will not pose a danger to the public. When people drive in an unsafe way and cause the death of another, their privilege to drive should be taken to protect other drivers and pedestrians on the roadways. Sincerely, /s/ Tony Knowles Governor" HB 368 HOUSE BILL NO. 368 by the House Rules Committee by request of the Governor, entitled: "An Act relating to release of persons before trial and before sentencing or service of sentence; relating to custodians of persons released, to security posted on behalf of persons released, and to the offense of violation of conditions of release; amending Rule 41(f), Alaska Rules of Criminal Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 2000-02-11 House Journal Page 2182 HB 368 The following fiscal notes apply: Fiscal note, Dept. of Administration, 2/11/00 Indeterminate fiscal note, Dept. of Corrections, 2/11/00 Zero fiscal note, Dept. of Law, 2/11/00 The Governor's transmittal letter dated February 10, 2000, appears below: "Dear Speaker Porter: I am transmitting a bill that will protect the public by adopting stronger enforcement measures to encourage persons to abide by their conditions of release before trial, imposition of sentence, or service of sentence. Specifically, the bill addresses four areas explained in more detail below: Establishing the crime of violating conditions of release; Authorizing courts to order performance bonds; Charging contempt of court for third-party custodian's failure to report condition violations; Authorizing delayed reporting date for jail time. Violating Conditions of Release. In criminal cases, an accused has a constitutional right to be released on bail before trial. Persons who have been found guilty of a crime may be released before sentence is imposed or before ordered to serve a sentence. When releasing a person, the court may impose both general conditions, such as requiring that the accused violate no laws, and conditions specific to the particular case or defendant, such as forbidding an accused in a domestic violence case from contacting the victim. The safety of the victim often depends on the enforcement of release conditions. Currently, although it is a crime to willfully fail to appear as ordered by the court, there are few options for violation of other release conditions, except incarcerating the person. The bill provides that it is a class A misdemeanor for a person to violate release conditions if the person is charged with a felony, and a class B misdemeanor to violate conditions for a person charged with a misdemeanor. 2000-02-11 House Journal Page 2183 HB 368 Performance Bonds. The bill clarifies the law by specifically authorizing the court to order the accused to post a performance bond, and requires that the court forfeit the security if the person violates a condition of no contact with the victim or witness in a proceeding. The court may forfeit the security if the accused violates other conditions. The standard for forfeiture of security in Rule 41(f), Alaska Rules of Criminal Procedure, is amended to require that security be forfeited unless the defendant could not comply due to circumstances beyond the control of the defendant. An example of such circumstances includes weather conditions that prevent airplane transportation, if there is no alternative way to travel to court. Third Party Custodians. Courts often release a defendant to the custody of a third party, either an individual or an organization. Custodians are required to report to the court or the police if the defendant violates release conditions, but often do not. The bill provides that a third-party custodian can be found in contempt for failing to report immediately a defendant's violations of conditions of release ordered by the court, and requires the court to inform the custodian of the possible consequences of ignoring the duty to report. Delayed Reporting Date. The bill specifically gives the court the authority to order a person sentenced to a period of incarceration to begin serving the sentence at a date sometime after it was imposed. With overcrowded correctional facilities, this is useful to help avoid "bottlenecks" in admissions by proper scheduling. I urge your prompt and favorable consideration of this measure. Sincerely, /s/ Tony Knowles Governor" HB 369 HOUSE BILL NO. 369 by Representative Harris, entitled: "An Act relating to property exemptions under the Alaska Exemptions Act; and providing for an effective date." 2000-02-11 House Journal Page 2184 HB 369 was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 370 HOUSE BILL NO. 370 by Representative Rokeberg, entitled: "An Act relating to a short-term exemption from the minimum wage for newly hired young employees." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 371 HOUSE BILL NO. 371 by Representative Kerttula, entitled: "An Act relating to certain passenger vessels transacting business in the state or operating in the marine waters of the state." was read the first time and referred to the Transportation, Labor & Commerce, Resources, and Finance Committees. HB 372 HOUSE BILL NO. 372 by Representative Dyson, entitled: "An Act relating to criminal sentencing and restitution." was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Foster 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: 2000-02-11 House Journal Page 2185 Honoring - Lieutenant Colonel Lois D. Hansen By Representatives Green, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams Honoring - The Eagle City Museum, Recipient of the Federal Institute of Museum and Library Services Grant By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - Harry Johns in Celebration of 90 Years By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams; Senator Lincoln Honoring - William Pugh By Representatives Mulder, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Morgan, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams In Memoriam - Edna Frank By Representatives Coghill, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams In Memoriam - Carl A. Johnson By Representatives Coghill, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams 2000-02-11 House Journal Page 2186 In Memoriam - Michael D. Nadeau By Representatives Coghill, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Murkowski, Ogan, Phillips, Sanders, Smalley, Therriault, Williams In Memoriam - Daniel E. Farr By Representatives Halcro, Davis, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Morgan, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams In Memoriam - William Dickerson "Dick" Regan By Senator Elton; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Masek, Morgan, Murkowski, Phillips, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 239 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 239 "An Act relating to the Uniform Commercial Code; relating to secured transactions; amending Rule 79, Alaska Rules of Civil Procedure; and providing for an effective date." HB 239 is in the Judiciary Committee. HB 297 The Speaker added a State Affairs Committee referral to follow the Health, Education & Social Services Committee referral for the following: 2000-02-11 House Journal Page 2187 HB 297 HOUSE BILL NO. 297 "An Act relating to the certificate of need program; and providing for an effective date." HB 297 is in the Health, Education & Social Services Committee. Representative Foster 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 Kapsner - from 7:18 p.m., February 13 to 9:31 a.m., plane time, February 17, 2000 Representative Bunde - from 9:30 a.m., February 15 to 9:22 a.m., plane time, February 16, 2000 Representative Dyson - from 9:00 p.m., February 17 to 11:00 a.m., plane time, February 21, 2000 Representative Joule - from 6:30 a.m., February 18 to 9:31 a.m., plane time, February 21, 2000 Representative Phillips - from 7:00 a.m., February 19 to 10:00 p.m., plane time, February 20, 2000 Representative Foster - from 7:00 a.m., February 22 to 10:00 p.m., plane time, February 25, 2000 Representative Kookesh - from noon, February 25 to 9:40 p.m., plane time, February 28, 2000 Representative Joule - from 9:30 a.m., February 25 to 6:38 p.m., plane time, February 25, 2000 Representative Phillips - from 1:35 p.m., March 9 to 9:56 p.m., plane time, March 14, 2000 Representative Davis - from 7:08 p.m., March 10 to 9:54 p.m., plane time, March 14, 2000 2000-02-11 House Journal Page 2188 Representative Green - from 6:58 a.m., March 10 to 9:54 p.m., plane time, March 14, 2000 Representative Bunde - from 10:11 a.m., March 25 to 6:36 p.m., plane time, March 28, 2000 SPECIAL ORDER OF BUSINESS Representative Foster moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Donna Tollman, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Donna Tollman By Senator Lincoln; Representatives Harris, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams UNFINISHED BUSINESS HJR 49 Representative Masek added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 49 Proposing an amendment to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation proofing, and to require a vote of the people before changing the statutory formula for distribution that existed on January 1, 2000. 2000-02-11 House Journal Page 2189 HB 259 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 259 "An Act relating to a parent's eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child." HB 288 Representatives Murkowski and Croft added their names as cosponsors 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 318 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 318 "An Act relating to property disposal by law enforcement agencies." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Personal Bill Deadline extended to: 9:00 a.m., 2/15 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 15, 2000. There being no objection, the House adjourned at 10:40 a.m. Suzi Lowell Chief Clerk