Legislature(2003 - 2004)
2004-01-12 House Journal
Full Journal pdf2004-01-12 House Journal Page 2271 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday January 12, 2004 First Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:02 a.m. Roll call showed 38 members present. Representative Coghill moved and asked unanimous consent that Representatives Kapsner and Moses be excused from a call of the House today. There being no objection, it was so ordered. Representative Kapsner's presence was noted later. * * * * * The following letter dated October 23, 2003, from Representative Whitaker, District 10, to Speaker Kott was received: "Please accept this letter as my resignation from the State House of Representatives; effective October 27, 2003. The honor of serving in the House has been significant and humbling. My best and warmest wishes to you and all members." Pursuant to article II, section 4 of the Alaska State Constitution, Governor Frank H. Murkowski appointed Nick Stepovich to fill the vacancy in the Alaska State House of Representatives, District 10, on December 3, 2003. The following letter dated December 4, 2003, from Speaker Kott was received: 2004-01-12 House Journal Page 2272 "Please be advised that the House Republican Caucus unanimously agrees to the appointment of Nick Stepovich as State Representative for District 10, as determined by district Republicans and recommended by the Governor. We ask that Mr. Stepovich be assigned a seat in the House Chamber." OATH OF OFFICE Representative Nick Stepovich took the oath of office on December 4, 2003. * * * * * An Honor Guard from the Boy Scouts of America, Southeast Alaska Area Council composed of Peter Erickson, Aidan Sabety-Mass, Alex Botelho, Trevor Larsen, Jacob Langhiet, Nick Waldo, and Zach Gemmell presented the Colors and led the Pledge of Allegiance. The Alaska Youth Choir sang "Medieval Gloria" and "Alaska's Flag" under the direction of Jacque Farnsworth. The invocation was offered by the Chaplain, the Reverend Paul D. Beran. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Gracious God, our heavenly Father, We who are children of time come to You who is above time. On this opening day of the Alaska Legislature, we pause to thank You for those who have gone before leaving footprints of diligent self-sacrificing service. We are also mindful of those who will come after us with unknown names. As we address the weighty responsibilities entrusted to us by the people of Alaska, liberate us from the greed that so easily encompasses all of us. Tune our hearing beyond the clamor of self-seeking interests to that of the voiceless. Give us a 2004-01-12 House Journal Page 2273 heart to serve with integrity, wisdom to see beyond the next election, and the courage to follow that path. This I pray in the Name of Him who came not to be served but to serve, Jesus the Christ. Amen. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 119th, 120th, and 121st legislative days, the Final Supplement for the First Session of the Twenty-third Legislature, House Journal Supplement No. 4, and House and Senate Joint Journal Supplement No. 10 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Representative Rokeberg introduced Suzi Lowell, Chief Clerk, and her floor assistants Stephanie Hall and Jesse James. Representative Rokeberg introduced Jeff Wackerman, Sergeant-at- Arms, Jay Cook, Assistant Sergeant-at-Arms, and this session's pages: Jesse Dupps - Willow Uriah Fellman - Delta Junction Alexander Grundmann - Juneau Eli Soriano - Juneau Asya Wetmore - Haines The Speaker appointed Representatives Dahlstrom and Cissna to advise the Governor that the House is in session and ready to do business. The Speaker appointed Representatives Wilson and Kookesh to advise the Senate that the House is in session and ready to do business. The Speaker stated that, without objection, the House would recess for a meeting of the Committee on Committees in the Speaker's Chamber; and so, the House recessed at 11:20 a.m. 2004-01-12 House Journal Page 2274 AFTER RECESS The Speaker called the House back to order at 11:39 a.m. Representative Dahlstrom reported that the Governor had been notified that the House is in session and ready to do business. Representative Wilson reported that the Senate had been notified that the House is in session and ready to do business. The Speaker stated that, without objection, the House would advance to: REPORTS OF SPECIAL COMMITTEES The following report of the Committee on Committees, dated January 12, 2004, was received submitting amendments to the 2003 reports on pages 11, 63, 285, 590, and 1494. Rules: Rokeberg, Chair; Kott, Coghill, McGuire, Morgan, Berkowitz, Kerttula Finance: Harris and Williams, Co-chairs; Meyer, Vice Chair; Chenault, Fate, Foster, Hawker, Stoltze, Croft, Joule, Moses Health, Education & Social Services: Wilson, Chair; Gatto, Vice Chair; Coghill, Seaton, Wolf, Cissna, Kapsner Judiciary: McGuire, Chair; Anderson, Vice Chair; Holm, Ogg, Samuels, Gara, Gruenberg Resources: Masek and Dahlstrom, Co-chairs; Heinze, Vice Chair; Gatto, Lynn, Stepovich, Wolf, Kerttula, Guttenberg State Affairs: Weyhrauch, Chair; Holm, Vice Chair; Coghill, Lynn, Seaton, Berkowitz, Gruenberg Labor & Commerce: Anderson, Chair; Lynn, Vice Chair; Dahlstrom, Gatto, Rokeberg, Crawford, Guttenberg 2004-01-12 House Journal Page 2275 Transportation: Holm, Chair; Masek, Kohring, Ogg, Stepovich, Kapsner, Kookesh Community & Regional Affairs: Morgan, Chair; Wolf, Vice Chair; Kott, Anderson, Samuels, Cissna, Kookesh House Special Committee on Education: Gatto, Chair; Seaton, Vice Chair; Ogg, Wilson, Wolf, Gara, Kapsner House Special Committee on Oil & Gas: Kohring, Chair; Heinze, Holm, McGuire, Rokeberg, Crawford, Kerttula House Special Committee on Fisheries: Seaton, Chair; Wilson, Vice Chair; Heinze, Ogg, Samuels, Gara, Guttenberg House Special Committee on Economic Development, Trade, & Tourism: Heinze, Chair; McGuire, Vice Chair; Kott, Dahlstrom, Kohring, Cissna, Crawford House Special Committee on Military & Veterans' Affairs: Lynn, Chair; Masek, Vice Chair; Dahlstrom, Stepovich, Weyhrauch, Cissna, Gruenberg House Special Committee on Ways & Means: Hawker, Chair; Weyhrauch, Vice Chair; Kohring, Ogg, Rokeberg, Samuels, Wilson, Gruenberg, Moses Administrative Regulation Review: Weyhrauch, Vice Chair; Anderson, Gara Legislative Council: Masek, Vice Chair; Kott, Coghill, Rokeberg, Stoltze, Weyhrauch, Berkowitz Legislative Budget & Audit Committee: Samuels, Chair; Chenault, Hawker, Kohring, Kerttula; Joule, Alternate Select Committee on Legislative Ethics: Rokeberg, Kapsner; Heinze, Kerttula, Alternates 2004-01-12 House Journal Page 2276 Joint Armed Services Committee: Harris, Co-chair; Dahlstrom, Vice Chair; Lynn, Morgan, Joule; Heinze, Alternate The report was signed by Representative Kott, Chair; and Representatives Coghill, Rokeberg, Harris, Williams, Berkowitz, and Kerttula. Representative Coghill moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A message dated January 9, 2004, was read stating under the provision of article III, section 18 of the Alaska Constitution, the Governor requests the opportunity to address a joint session of the Twenty-third Alaska State Legislature on Tuesday, January 13, 2004, at 7:00 p.m., for presentation of a combined State of the State and State of the Budget Address. EXECUTIVE ORDERS EO 112 EXECUTIVE ORDER NO. 112: Transferring international trade functions and duties from the Department of Community & Economic Development to the Office of the Governor. was read the first time and referred to the State Affairs Committee. The following fiscal note(s) apply: 1. Zero, Office of the Governor The Governor's transmittal letter dated January 9, 2004, follows: 2004-01-12 House Journal Page 2277 "Dear Speaker Kott: Under the authority of article III, section 23, of the Alaska Constitution, and in accordance with AS 24.08.210, I am submitting an Executive Order relating to international trade. Under this Executive Order, responsibility for international trade functions and duties would be transferred from the Department of Community and Economic Development to the Office of the Governor. Reassignment of international trade functions and duties with other Office of the Governor functions will improve administrative efficiency. In addition, this Executive Order is an important part of my effort to increase jobs and revenue from international trade. In the first nine months of 2003, growth in international trade created an estimated 2,650 new jobs for Alaskans. I want that trend to continue. Having the Governor's Office handle international trade functions and duties also lends credibility to the process in the eyes of the state's trading partners. These nations will know trade functions are being managed directly under the Governor. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" SJR 5 A message dated August 25, 2003, was received stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 5(STA) Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. Legislative Resolve No. 21 2004-01-12 House Journal Page 2278 SJR 8 A message dated August 25, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. Legislative Resolve No. 35 SJR 10 A message dated August 25, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 10(JUD) Relating to the Pledge of Allegiance. Legislative Resolve No. 20 SJR 17 A message dated August 25, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 17 Relating to the Alaska-Yukon Intergovernmental Relations Accord, to annual legislative exchanges, and to continuing intergovernmental work on matters of joint concern and mutual interest. Legislative Resolve No. 19 The following letter to Speaker Kott, dated December 15, 2003, was received: "Pursuant to the provisions of article 9, section 12, of the Alaska State Constitution and AS 37.07.020, I am submitting to the 23rd Alaska State Legislature the operating, capital, and mental health appropriation bills for Fiscal Year 2005." 2004-01-12 House Journal Page 2279 COMMUNICATIONS A letter dated December 29, 2003, was received from Alexander O. Bryner, Chief Justice of the Alaska Supreme Court, stating that he has nominated the following public members to serve on the Select Committee on Legislative Ethics: H. Conner Thomas (incumbent) Ann Rabinowitz The Speaker referred the appointments to the Judiciary Committee. The following were received: Alaska Industrial Development & Export Authority Certifications of Capital Reserve Funds' Requirement November 17, 2003 (as required by AS 44.83.110 and AS 44.88.105) Dept. of Natural Resources Jesse Lee Home and Benny Benson Monument Alaska Flag Site, Seward, Alaska - House Bill 96 Report to the Alaska Legislature November 2003 (as required by Chapter No. 24, SLA 2002) Select Committee on Legislative Ethics Advisory Opinions Rendered by the Committee Volume XXV January 21, 2003 - December 31, 2003 (as required by AS 24.60.150) Select Committee on Legislative Ethics Public Decisions Issued by the Committee Volume VIII January 21, 2003 - December 31, 2003 (as required by AS 24.60.150) 2004-01-12 House Journal Page 2280 Legislative Affairs Agency Division of Legal and Research Services Report Listing Alaska Statutes with Delayed Repeals or Delayed Amendments and Examining Court Decisions and Opinions of the Attorney General Construing Alaska Statutes (as required by AS 24.20.065) The following reports were received from: Division of Legislative Audit Legislative Budget & Audit Committee Audit Reports (as required by AS 24.20.311) State of Alaska, Single Audit for the Fiscal Year Ended June 30, 2002 Dept. of Community & Economic Development Board of Dispensing Opticians Sunset Review October 2, 2003 Dept. of Community & Economic Development Division of Occupational Licensing Guides and Transporters October 16, 2003 Dept. of Community & Economic Development Division of Occupational Licensing Real Estate Commission Sunset Review October 16, 2003 Dept. of Community & Economic Development Board of Real Estate Appraisers July 17, 2003 2004-01-12 House Journal Page 2281 Dept. of Corrections Dept. of Administration Correctional and Probation Officer Transfer Analysis October 9, 2003 Dept. of Health & Social Services Alaska Commission on Aging Sunset Review October 1, 2003 Dept. of Health & Social Services Division of Behavioral Health Select Issues October 1, 2003 HB 269 Pursuant to: CS FOR HOUSE BILL NO. 269(FIN) "An Act establishing the Safety Code Task Force; and providing for an effective date." Chapter No. 129, SLA 2003 Effective Date: June 29, 2003 The following was received: Safety Code Task Force Report to the 23rd Legislature January 12, 2004 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Stanley Elwood Reddekopp By Representatives Weyhrauch, Kerttula; Senator Elton 2004-01-12 House Journal Page 2282 In Memoriam - Christian Frederik Wyller By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Robert E. Emerson By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Chris Garrison By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Juan Jose Moser By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Margaret C. Morgan By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Robert "Bob" E. Nyman By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Peter M. Schneider By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Rose Vandor By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - David Willard By Representatives Weyhrauch, Kerttula; Senator Elton INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS (Note: Capitalized names on prefiled bills indicate joint prime sponsorship.) HJR 31 (Prefile released January 2, 2004) HOUSE JOINT RESOLUTION NO. 31 by Representative Holm: Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund and to payments to certain state residents from the Alaska permanent fund; and providing for an effective date for the amendments. 2004-01-12 House Journal Page 2283 was read the first time and referred to the House Special Committee on Ways & Means and the State Affairs, Judiciary, and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 332 (Prefile released January 2, 2004) HOUSE BILL NO. 332 by Representatives CRAWFORD and GUTTENBERG, and Gara, entitled: "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. A delegation from the Senate, composed of Senators Bunde and French, reported that the Senate was in session and ready to do business. HB 333 (Prefile released January 2, 2004) HOUSE BILL NO. 333 by Representatives OGG, COGHILL, and HOLM, entitled: "An Act relating to an endowment for public education; and providing for an effective date." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services and Finance Committees. HB 334 (Prefile released January 2, 2004) HOUSE BILL NO. 334 by Representative Meyer, entitled: "An Act relating to unlawful exploitation of a minor." was read the first time and referred to the Judiciary Committee. 2004-01-12 House Journal Page 2284 HB 335 (Prefile released January 2, 2004) HOUSE BILL NO. 335 by Representative Moses, entitled: "An Act authorizing the commissioner of natural resources to notify the legislature between the first day and the 15th day of a second regular session of the availability of program amendments to the five-year proposed oil and gas leasing program previously made available to the legislature, and making an exception to that deadline for the first year of the authorization; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. HB 336 (Prefile released January 2, 2004) HOUSE BILL NO. 336 by Representative Meyer, entitled: "An Act limiting recovery of civil damages by an uninsured driver; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 337 (Prefile released January 2, 2004) HOUSE BILL NO. 337 by Representatives McGuire and Gruenberg, entitled: "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to an anatomical gift awareness program, and to motor vehicle licenses and registrations." was read the first time and referred to the State Affairs, Health, Education & Social Services, and Finance Committees. HB 338 (Prefile released January 2, 2004) HOUSE BILL NO. 338 by Representative McGuire, entitled: 2004-01-12 House Journal Page 2285 "An Act relating to attendance at public school; and providing for an effective date." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services Committee. HB 339 (Prefile released January 2, 2004) HOUSE BILL NO. 339 by Representative Meyer, entitled: "An Act relating to negative option plans for sales, to charges for goods or services after a trial period, and to acts that are unlawful as unfair trade practices." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 340 (Prefile released January 2, 2004) HOUSE BILL NO. 340 by Representative Meyer, entitled: "An Act relating to damages in an action for a defect in the design, construction, and remodeling of certain dwellings; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 341 (Prefile released January 2, 2004) HOUSE BILL NO. 341 by Representative Williams, entitled: "An Act relating to the dive fishery management assessment." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 342 (Prefile released January 2, 2004) HOUSE BILL NO. 342 by Representative Gatto, entitled: 2004-01-12 House Journal Page 2286 "An Act relating to driving while intoxicated; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 343 (Prefile released January 2, 2004) HOUSE BILL NO. 343 by Representative Fate, entitled: "An Act establishing the Alaska Skilled Trade Labor Advisory Board and relating to examination, application, and continued competency requirements for certain skilled trade occupations; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 344 (Prefile released January 2, 2004) HOUSE BILL NO. 344 by Representative Fate, entitled: "An Act relating to annual rental fees for mining claims, and providing for reduced royalties during the first three years of production." was read the first time and referred to the Resources and Finance Committees. HB 345 (Prefile released January 2, 2004) HOUSE BILL NO. 345 by Representative Fate, entitled: "An Act relating to fees for state park developed campsites; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 2004-01-12 House Journal Page 2287 HB 346 (Prefile released January 2, 2004) HOUSE BILL NO. 346 by Representatives Wolf and Gruenberg, entitled: "An Act relating to health insurance coverage for gastric bypass surgery; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Health, Education & Social Services Committees. HB 347 (Prefile released January 2, 2004) HOUSE BILL NO. 347 by Representative Kott, entitled: "An Act exempting taxicabs from the passenger vehicle rental tax; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 348 (Prefile released January 2, 2004) HOUSE BILL NO. 348 by Representatives STOLTZE, DAHLSTROM, SAMUELS, and MCGUIRE, and Gruenberg, entitled: "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights." was read the first time and referred to the Judiciary Committee. HB 349 (Prefile released January 2, 2004) HOUSE BILL NO. 349 by Representatives SAMUELS, MCGUIRE, STOLTZE, and DAHLSTROM, and Wilson, entitled: "An Act amending Rule 412, Alaska Rules of Evidence." was read the first time and referred to the Judiciary Committee. 2004-01-12 House Journal Page 2288 HB 350 (Prefile released January 2, 2004) HOUSE BILL NO. 350 by Representatives GATTO and GRUENBERG, entitled: "An Act relating to adding personal injury, death, and property damage from arson in the first degree to the offenses compensable by the Violent Crimes Compensation Board." was read the first time and referred to the State Affairs and Judiciary Committees. HB 351 (Prefile released January 2, 2004) HOUSE BILL NO. 351 by Representatives GATTO and GRUENBERG, entitled: "An Act relating to the devices, including carbon monoxide detection devices, required in dwellings; and providing for an effective date." was read the first time and referred to the Labor & Commerce and State Affairs Committees. HB 352 (Prefile released January 2, 2004) HOUSE BILL NO. 352 by Representatives GUTTENBERG, BERKOWITZ, CISSNA, CRAWFORD, CROFT, GARA, GRUENBERG, JOULE, KOOKESH, KERTTULA, KAPSNER, and LYNN, entitled: "An Act making an appropriation for longevity bonus grants; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2004-01-12 House Journal Page 2289 HB 353 (Prefile released January 2, 2004) HOUSE BILL NO. 353 by Representative Kapsner, entitled: "An Act relating to jury duty; and amending Rule 15(k), Alaska Rules of Administration." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services and Judiciary Committees. HB 354 This prefile was not introduced. HB 355 (Prefile released January 2, 2004) HOUSE BILL NO. 355 by Representatives Croft, Gara, Heinze, and Gruenberg, entitled: "An Act relating to donations for establishment of a state veterans' home." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs and Finance Committees. HB 356 (Prefile released January 2, 2004) HOUSE BILL NO. 356 by Representative Joule, entitled: "An Act relating to operation of alcoholic beverage delivery sites; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. HB 357 (Prefile released January 2, 2004) HOUSE BILL NO. 357 by Representatives SAMUELS, STOLTZE, MCGUIRE, and DAHLSTROM, entitled: 2004-01-12 House Journal Page 2290 "An Act relating to restitution; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 358 (Prefile released January 2, 2004) HOUSE BILL NO. 358 by Representative Gruenberg, entitled: "An Act repealing provisions of law that relate to disposition of permanent fund income received as a result of State v. Amerada Hess, et al., 1JU-77-847 Civ. (Superior Court, First Judicial District)." was read the first time and referred to the Resources and Judiciary Committees. HB 359 (Prefile released January 2, 2004) HOUSE BILL NO. 359 by Representatives GARA, BERKOWITZ, and CRAWFORD, Croft, Kerttula, and Gruenberg, entitled: "An Act relating to certain civil actions by or on behalf of members of the military services; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Judiciary Committee. HB 360 (Prefile released January 2, 2004) HOUSE BILL NO. 360 by Representatives Holm and Gruenberg, entitled: "An Act establishing an Alaska Caregivers Month; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. 2004-01-12 House Journal Page 2291 HB 361 (Prefile released January 2, 2004) HOUSE BILL NO. 361 by Representatives CROFT and ANDERSON, Gara and Wilson, entitled: "An Act making an appropriation to the Department of Education and Early Development for distribution to school districts for direct classroom instruction; and providing for an effective date." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services and Finance Committees. HB 362 (Prefile released January 2, 2004) HOUSE BILL NO. 362 by Representative Chenault, entitled: "An Act relating to restrictions on shipping or transporting cigarettes; and providing for an effective date." was read the first time and referred to the Labor & Commerce and State Affairs Committees. HB 363 (Prefile released January 2, 2004) HOUSE BILL NO. 363 by Representative Fate, entitled: "An Act relating to mergers and consolidations of municipalities." was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. HB 364 (Prefile released January 2, 2004) HOUSE BILL NO. 364 by Representatives Seaton and Heinze, entitled: "An Act establishing a moratorium on the issuance of state shallow natural gas leases in the vicinity of Kachemak Bay, and directing the commissioner of natural resources to reacquire 2004-01-12 House Journal Page 2292 shallow natural gas leases on the Kenai Peninsula within the moratorium area; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. HB 365 (Prefile released January 2, 2004) HOUSE BILL NO. 365 by Representative Crawford, entitled: "An Act relating to secondary school competency examinations, graduation requirements, and diplomas; and providing for an effective date." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services Committee. HB 366 (Prefile released January 9, 2004) HOUSE BILL NO. 366 by Representatives Stoltze, Rokeberg, and Gatto, entitled: "An Act relating to rat racing charitable gaming; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 367 (Prefile released January 9, 2004) HOUSE BILL NO. 367 by Representatives MCGUIRE and GARA, entitled: "An Act relating to the licensing and regulation of sex-oriented businesses and sex-oriented business entertainers; relating to protection of the safety and health of and to education of young persons who perform in adult entertainment establishments; and providing for an effective date." 2004-01-12 House Journal Page 2293 was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. HB 368 (Prefile released January 9, 2004) HOUSE BILL NO. 368 by Representative Coghill, entitled: "An Act relating to the commercial fishing loan program; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 369 (Prefile released January 9, 2004) HOUSE BILL NO. 369 by Representatives Cissna and Gruenberg, entitled: "An Act relating to public health; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 370 (Prefile released January 9, 2004) HOUSE BILL NO. 370 by Representative Gara, entitled: "An Act protecting fish-bearing surface water and public access to and enjoyment of recreational water, fish habitat water, and water related to hunting activities, if the water may be affected by shallow natural gas exploration and development, and requiring that the disposal of the water produced by dewatering of coal seams in order to recover methane comply with requirements intended to protect surface water; requiring that shallow natural gas exploration and development activities comply with municipal land use regulations, and repealing provisions under which the commissioner of natural resources may waive the application of 2004-01-12 House Journal Page 2294 local planning requirements with respect to shallow natural gas development, and making a conforming change; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. HB 371 (Prefile released January 9, 2004) HOUSE BILL NO. 371 by Representative Gara, entitled: "An Act requiring a diploma endorsement for students who pass the secondary school competency examination; removing the secondary school competency examination as a graduation requirement; relating to secondary school competency examinations and diplomas; and providing for an effective date." was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services Committee. HB 372 (Prefile released January 9, 2004) HOUSE BILL NO. 372 by Representative Gara, entitled: "An Act providing for an advisory vote on the relative merits and specific characteristics of a statewide individual income tax and a statewide general sales tax; relating to the effective date of legislation enacted by the Twenty-Third Alaska State Legislature imposing an individual income tax or a sales tax; and providing for an effective date." was read the first time and referred to the State Affairs Committee, the House Special Committee on Ways & Means, and the Finance Committee. HB 373 HOUSE BILL NO. 373 by the House State Affairs Committee, entitled: 2004-01-12 House Journal Page 2295 "An Act requiring warrants drawn by the Department of Administration against the state treasury to be negotiable instruments." was read the first time and referred to the State Affairs Committee. HB 374 HOUSE BILL NO. 374 by the House Rules Committee by request of the Governor, entitled: "An Act establishing the SeniorCare program and relating to that program; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services 5. Fiscal, Dept. of Health & Social Services The Governor's transmittal letter dated January 9, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18 of the Alaska Constitution, I am transmitting a bill establishing the "SeniorCare" program. Prescription drug prices have spiraled upwards for years, placing a heavy financial burden on Alaska's seniors. This past year my administration has initiated a number of reforms to our Medicaid program that will help assure that seniors receive the safest and most clinically appropriate prescription drugs they need at a reasonable cost. Among these reforms is the development of a preferred drug list, 2004-01-12 House Journal Page 2296 requiring prior authorization for certain drugs, and expanding case management of high-cost clients; often persons with chronic conditions that require a large number of medications. This fall, Congress approved a comprehensive package of Medicare prescription drug subsidies. However, these subsidies are not fully effective until 2006. This creates a gap for seniors who need immediate assistance. SeniorCare is an innovative program, which bridges that gap for Alaska's seniors. The Senior Assistance Program, which I established this year to help Alaska's neediest seniors, has been brought under SeniorCare. The SeniorCare program would provide two levels of subsidies, based on income. An individual who has an annual income of up to 135 percent of the federal poverty level for Alaska, and who is not already receiving a prescription drug benefit through Medicaid, may choose to receive up to $1,600 a year in prescription drug subsidies or to receive a monthly cash payment of $120. An individual who has an annual income of more than 135 percent but no more than 150 percent of the federal poverty level for Alaska may receive up to $1,000 a year in prescription drug subsidies, but would not be eligible for the alternative cash payment. In addition, under federal law separate from this bill, the temporary Medicare prescription drug subsidy would add an extra $600 per year of prescription drug coverage to the first group. Eligibility for the program would be limited to Alaska's most needy seniors. The program would not pay for prescription drug subsidies for seniors who already receive coverage under Medicaid or certain similar prescription drug subsidy programs. Eligibility for the program would be further defined by regulations developed by the Department of Health and Social Services under authority granted in this bill. Until those regulations are in effect, the eligibility requirements that govern the Alaska Senior Assistance Program (established by regulation in 2003) would govern the SeniorCare program. This would ensure that the SeniorCare program could go into operation without delay. Prescription drug subsidies under the program would cover almost all prescription drugs, insulin and insulin syringes, and would require that, if available, cheaper and therapeutically equivalent generic drugs 2004-01-12 House Journal Page 2297 must be used unless a medical professional indicates that a brand name is medically necessary. This requirement would ensure that the subsidies would cover the maximum amount possible of each recipient's prescription drug costs. The SeniorCare program is designed to help Alaska's seniors meet their financial and prescription drug needs. When the new Medicare prescription drug subsidy administered by the federal government begins, SeniorCare would be discontinued. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 375 HOUSE BILL NO. 375 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 9, 2004, follows: "Dear Speaker Kott: The operating budget bill delivered today contains my proposal for the 2005 fiscal year. The Fiscal Year 2005 operating budget marks the administration's second opportunity to demonstrate its commitment to fiscal discipline. 2004-01-12 House Journal Page 2298 Our budget plan is straightforward: control spending, make government smaller and more effective, stabilize revenues over the short-term, and increase revenues over the long-term. The proposed budget is built on one principle: that we must take responsibility today for Alaska's tomorrow. Jobs, hope, and accountability are the reasons for the administration's work to align state spending in a way that promotes economic development and jobs in Alaska and provides hope for the future to our younger generations. The administration set two parameters within which it built the proposed Fiscal Year 2005 budget: spend less than this year and use no more than $400 million from the state's reserve account. This later limit is important because over the last 13 years the state has spent more than $5 billion from this reserve in order to prop up spending at a level the state otherwise could not afford. When we took office the rate of withdrawals from the reserve account was projected to deplete the reserve by February 2006. Today there is less than $2 billion in the reserve. It would be irresponsible to continue spending-as-usual and run the reserve account down to zero. Currently 84 percent of state revenue comes from oil and gas. The reserve was set up to serve as a buffer against swings in oil prices. Without such a cushion, dramatic revenue drops would mean dramatic mid-year reductions state-supported services. To prolong the life of the reserve, the administration is prudently using it so it will last longer and serve as a "bridge" to the day when increased revenue is realized from natural resource development. Because of our fiscal discipline, the reserve account is extended to January 2008. But it also is important that the reserve maintain a balance of at least $1 billion to serve as a cushion against oil price fluctuations. Based on our spending and revenue proposals, the reserve is expected to drop to $1 billion in July 2006. Spending more than we can afford has created unrealistic expectations of what government can and should provide and has created services that can't be supported over the long-term unless new revenues are found. This uncertainty has discouraged private business from making serious investments in Alaska. 2004-01-12 House Journal Page 2299 Until new state revenues are generated, we ask all Alaskans to recognize that we must share the responsibilities-and make sacrifices-to put the state on course. In developing the Fiscal Year 2005 proposed budget, every department engaged in a process of self-examination in which it got down to the basics: · Why does the department and program exist-what is its mission? · Does each program effectively contribute to achieving the department's mission? · What results are programs supposed to be getting-and are they? · How efficient is the program in using public dollars to get these results? This process, called "Missions and Measures," was initiated by the Legislature several years ago. My administration has built on the Legislature's work and expanded it into a management tool. We recognize that these frameworks not only communicate to Alaskans the "bang for the buck" that the state receives, but they also provide program managers with feedback on a program's effectiveness, where changes may be needed to improve services, and just as importantly, which programs should be stopped because they are not effective. In addition to reporting these results to the Legislature as part of the annual budget process, we also will report to Alaskans throughout the year via the State of Alaska's home page on the World Wide Web. The spending proposed in Fiscal Year 2005 also reflects policy priorities and increases the state's investment in areas of traditional responsibility-protecting the public's safety and education: · Enforcing the Laws: Twenty Troopers, six criminal prosecutors, and six public defenders are added to improve the safety of communities throughout the state; 2004-01-12 House Journal Page 2300 · Protecting the Vulnerable: Twenty social workers and nine civil attorneys, including attorneys for Child in Need of Aid, sexual and violent assault, juvenile delinquency, and human services cases, are added to increase the state's protection of those who are most vulnerable; and · K-12 foundation formula is funded at the higher per student funding level approved by the Legislature last session. In addition, local school districts are reimbursed for school construction debt and the pupil transportation program is funded at the level required by law. The top priority for this administration is to develop Alaska's natural resources in order to generate state revenue and create jobs to support the quality of life that we want not only for those who are in Alaska today, but also for those that will be here in the future. Economic growth is the best way to balance a budget. If the economy is growing and expanding thanks to policies that encourage job creation and innovation, Alaskans will be able to better provide for their families and communities. The administration has built a budget that encourages private investment. But the receipt of revenues from resource development takes time-it took eight years for the state treasury to get revenues from Prudhoe Bay. While we diligently work to develop these resources, we must have "bridge financing" to assist in getting us to when these new revenues will start to flow into the treasury. Our reserve account serves as this "bridge" and must be prudently used between now and then. Investment in our resource departments is necessary as we expand our development efforts. The proposed budget adds key staff to the Department of Natural Resources Oil and Gas Division to aggressively work on the gas line, an expedited Alaska Peninsula oil and gas lease sale, opening of National Petroleum Reserve-Alaska, and further streamlining of our permit process. The Department of Environmental Conservation also is proposing to assume primacy for issuance of Clean Water Act permits from the federal government. Not only will this mean Alaskans are making decisions instead of outside bureaucrats, but we will be able to have 2004-01-12 House Journal Page 2301 more responsive decision-making that advances resource development and protects the environment. In terms of spending level, the proposed operating budget is about the same level as the current year. To maintain flat spending, a total of $145 million in reductions had to be taken in order to cover unavoidable increases, which include: · Retirement system costs of an additional $29 plus another $5 million in unemployment insurance and workers' compensation increases; · Medicaid, foster care, and other formula-driven program increases that went up $62 million due to higher medical care costs and increased caseloads; and · State debt service obligations that increased $42 million, of which $13 million is to reimburse school districts for locally approved school construction (bringing the program's total cost to $79 million), and another increase of $27 million to pay for school construction and transportation bonds approved by voters in 2002. In spite of reductions to cover these increases, the departments are making every effort to maintain the current level of direct services. This is not to say there will not be changes in how services are delivered to Alaskans-but no roads will close in winter nor will any state parks close. To manage reductions, departments were asked to identify how to achieve administrative-type savings. Human resource functions have been consolidated in the Department of Administration instead of being spread out across 15 departments. Not only will this result in a savings of $640,000, there are other efficiencies including consistent management administration of personnel law, labor contracts, and policies. The Department of Corrections is consolidating administrative responsibilities to save over $760,000 while the Department of Health and Social Services has reorganized and continues to reduce layers of 2004-01-12 House Journal Page 2302 mid-management. The Department of Administration has led an enterprise-wide information technology (IT) review that resulted in creation of IT standards and coordination of technology within and between departments. The standards will translate into at least a five percent savings in computer purchases. Improved IT coordination will mean the results of technology investments are shared between programs and departments, thereby avoiding future costs. A new decision-making board is tasked with making IT investment decisions from an enterprise-perspective and a group of technology professionals has been tasked with offering enterprise-wide advice. In terms of the number of state employees, the proposed budget deletes 409 full-time positions, of which 69 percent (283) currently are vacant. Elimination of vacant positions represents an effort to have the budget better reflect the actual level of resources (both dollars and staffing) necessary to deliver program services, which is important in a cost/benefit analysis. In terms of revenues, the state is enjoying higher oil prices. But in spite of this, the administration's overall proposed spending for Fiscal Year 2005 requires an additional $75 million (this is above the $400 million from the state's reserve account.) To protect prudent use of the state's reserve, the administration will be introducing several measures to generate additional revenues. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 376 HOUSE BILL NO. 376 by the House Rules Committee by request of the Governor, entitled: "An Act making capital appropriations and supplemental appropriations; capitalizing funds; making other appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." was read the first time and referred to the Finance Committee. 2004-01-12 House Journal Page 2303 The Governor's transmittal letter dated January 9, 2004, follows: "Dear Speaker Kott: The capital budget bill delivered today contains my proposal for the 2005 fiscal year. Overall, the capital budget totals $1.4 billion of which $1.3 billion is federal funds. As you know, a capital budget is how state government meets its most basic responsibilities to citizens, such as safe transportation infrastructure and protecting the public's health. For Fiscal Year 2005, the capital budget proposes to spend $977 million in federal transportation funds for road, highway, ferry, and airport projects throughout Alaska. An area of major investment in protecting the public's health is water and sewer projects. A total of $89 million is proposed for water, sewer, and solid waste projects. Of this amount, $62 million is federal funding. Grants for municipal projects total $8 million and $79 million is proposed for village safe water projects. In comparing the proposed capital budget to the current year, the overall proposed total spending is $124 million higher. Spending of general funds has decreased $45 million, while spending of other state funds is down $102 million. Federal funds have increased $270 million. In addition to maximizing federal funds, the administration is making every effort to identify ways to leverage limited state funds. Using the bond capacity of state corporations is one way to stretch state dollars, continue to meet traditional responsibilities, and at the same time prudently save the state's reserves while we work on new revenue from resource development. To this end, the Fiscal Year 2005 budget relies on $100 million in corporation issued bond proceeds. The Alaska Housing Finance Corporation will use its general obligation debt capacity to sell $25 million in bonds that primarily will be used to finance water and sewer projects. 2004-01-12 House Journal Page 2304 Another $75 million will come from the sale of bonds by the Alaska Student Loan Corporation (ASLC) as part of a multi-year plan by which ASLC will repay the state for its initial investment of $300 million in student loan programs. The proposal reflects its desire to assist the state in bridging the current fiscal gap. This proposal will have no impact on student loan programs. Additional bond issues are planned for 2005 and 2006. ASLC plans to repay the state up to $260 million by the end of FY 2007. I look forward to working closely with this Legislature to jointly craft a capital budget that efficiently provides Alaska residents essential state services at a cost that the state can afford over the long-term. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 377 HOUSE BILL NO. 377 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter dated January 9, 2004, follows: "Dear Speaker Kott: I am today transmitting a separate FY2005 appropriations bill for the state's comprehensive mental health program. As required by statute, it includes both operating and capital appropriations and is accompanied by a report outlining the differences between my budget and the recommendations of the Alaska Mental Health Trust Authority. 2004-01-12 House Journal Page 2305 The proposed mental health budget represents a cooperative effort between state agencies, the Trustees, and Trust Authority staff. Coupled with the resources that have been appropriated in recent years, these productive working relationships have made a positive difference for Alaska's mental health beneficiaries. Given the state's overall financial position, we are not in a position for the state to augment many of the Trust's requests that required state general funds. These difficult decisions are part of our work to take responsibility today for Alaska's tomorrow. I look forward to working with the Legislature this session. Sincerely yours, /s/ Frank H. Murkowski Governor" A letter with an accompanying spreadsheet from Cheryl Frasca, Director, Office of Management and Budget to the Alaska Mental Health Trust Authority was attached and is on file in the Chief Clerk's office (as required by AS 37.14.003). HB 378 HOUSE BILL NO. 378 by the House Finance Committee, entitled: "An Act relating to the Alaska Food, Drug, and Cosmetic Act, including sales, advertising, certain devices, food donors, and food banks; making certain violations of organic food provisions and of the Alaska Food, Drug, and Cosmetic Act unfair methods of competition and unfair or deceptive acts or practices under certain of the state's unfair trade practices and consumer protection laws; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. 2004-01-12 House Journal Page 2306 CONSIDERATION OF THE DAILY CALENDAR SENATE BILLS IN THIRD READING SB 173 The following, which was brought up under reconsideration from the May 21, 2003, calendar (page 2131), was again before the House in third reading: SENATE BILL NO. 173(efd fld) "An Act repealing statutes pertaining to the Alaska Science and Technology Foundation and transferring money in the foundation's endowment; repealing statutes relating to the BIDCO assistance program; repealing statutes pertaining to the international trade and business endowment and transferring money in the international trade and business endowment; transferring oversight administration of outstanding Alaska Science and Technology Foundation loans and grants to the Alaska Industrial Development and Export Authority; establishing an Alaska BIDCO assistance program to be administered by the Department of Community and Economic Development; and making conforming amendments." The Rules Committee submitted the following updated fiscal note for SB 173(efd fld): 3. Fiscal, Dept. of Community & Economic Development Representative Coghill moved and asked unanimous consent that SB 173(efd fld) be returned to the Rules Committee. There being no objection, it was so ordered. UNFINISHED BUSINESS Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kott - from noon, January 16 to noon, plane time, January 19, 2004 2004-01-12 House Journal Page 2307 Representative Morgan - from p.m., plane time, January 19 to p.m., plane time, January 23, 2004 Representative Wolf - from p.m., plane time, January 21 to a.m., plane time, January 26, 2004 Representative Berkowitz - from a.m., plane time, January 14 to a.m., plane time, January 20, 2004 Representative Berkowitz moved and asked unanimous consent that the House invite the other body to a joint session on January 13, 2004, 11:00 a.m., to consider the override of the Governor's veto on page 16, lines 10 - 11 of CCS SSHB 75. Representative Coghill objected. Representative Coghill moved and asked unanimous consent that the House recess until 1:30 p.m. for a Majority Caucus; and so, the House recessed at 12:21 p.m. AFTER RECESS The Speaker called the House back to order at 1:46 p.m. UNFINISHED BUSINESS **The presence of Representative Kapsner was noted. Representative Rokeberg rose to a point of order, citing Sections 101 and 179(3) of Mason's Manual. The Speaker indicated the point was well taken. Representative Berkowitz placed a call of the House and lifted the call. The question being: "Shall the House invite the other body to a joint session on January 13, 2004, 11:00 a.m., to consider the override of the Governor's veto on page 16, lines 10 - 11 of CCS SSHB 75?" The roll was taken with the following result: 2004-01-12 House Journal Page 2308 Invite Other Body to Joint Session January 13, 2004 - 11:00 am - Veto Override CCS SSHB 75 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Lynn Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Moses Absent: Kookesh And so, the motion failed. Representative Coghill moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kookesh - from 2:00 p.m. today to 3:30 p.m., January 13, 2004 Representative Berkowitz moved and asked unanimous consent that the House invite the other body to a joint session on January 15, 2004, 11:00 a.m., to consider the override of the Governor's veto on page 5, lines 29 - 30 of CCS SSHB 75. Representative Coghill objected. Representative Rokeberg rose to a point of order, stated the motion was out of order, and withdrew the point of order. The question being: "Shall the House invite the other body to a joint session on January 15, 2004, 11:00 a.m., to consider the override of the Governor's veto on page 5, lines 29 - 30 of CCS SSHB 75?" The roll was taken with the following result: 2004-01-12 House Journal Page 2309 Invite Other Body to Joint Session January 15, 2004 - 11:00 am - Veto Override CCS SSHB 75 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Kookesh, Moses And so, the motion failed. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Holm - from a.m., plane time, January 16 to a.m., plane time, January 20, 2004 Representative Gatto - from 6:00 p.m., January 15 to 8:00 a.m., January 19, 2004 HB 91 Representative Holm added his name as cosponsor to: HOUSE BILL NO. 91 "An Act relating to a cost-of-living allowance and medical benefits for retired peace officers after 20 years of credited service." HB 306 Representative Lynn added his name as cosponsor to: 2004-01-12 House Journal Page 2310 HOUSE BILL NO. 306 "An Act relating to the use of pharmaceutical agents by optometrists." HB 322 Representative Holm added his name as cosponsor to: HOUSE BILL NO. 322 "An Act requiring a municipal initiative or municipal referendum to be submitted to the voters at the next regular election occurring not sooner than 60 days after certification of the initiative or referendum petition." HB 69 The following memorandum, dated May 17, 2003, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in SCS HB 69(RES), which has been corrected in enrolling: Page 4, line 25, following "depth": Insert "of" HB 75 The following memorandum, dated January 7, 2004, was received from Pam Finley, Revisor of Statutes, Division of Legal and Research Services: "Under AS 01.05.031(b)(7), I am notifying you that there is a manifest error in ch. 83, SLA 2003. In Sec. 1 of that Act at page 30, line 5, "10"" should be "10%". This error did not exist in CCS SSHB 75, as it passed the legislature, but occurred in the enrolling process. Because the 2003 Session Laws and the 2003 Temporary & Special Acts pamphlet have already been printed, this notification is the only vehicle for correcting the error. I would appreciate it if you would print this notice in the 2004 House Journal. Thank you." 2004-01-12 House Journal Page 2311 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 6:45 p.m., January 13, 2004, for a joint session to hear the Governor's combined State of the State and State of the Budget address. There being no objection, the House adjourned at 2:24 p.m. Suzi Lowell Chief Clerk