Legislature(2005 - 2006)
2005-02-02 House Journal
Full Journal pdf2005-02-02 House Journal Page 0209 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 2, 2005 Twenty-fourth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:03 a.m. Roll call showed 37 members present. Representatives Crawford and Joule had been previously excused from a call of the House today. Representative Coghill moved and asked unanimous consent that Representative Kerttula be excused from a call of the House today because of illness. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Gary Waterhouse of the Juneau and Sitka Seventh-day Adventist Churches. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Almighty and eternal God, we ask You to continue to bless the state of Alaska with security, prosperity, and peace. These men and women who stand before You today have been elected to serve, and we pray that they may do so faithfully and with integrity. Enable them to make decisions that will uphold our state and our nations' constitutions. Grant them courage to stand and to build consensus. Help each of them to listen to You and also the voices of all the people, until unity and harmony are found, for the least and the greatest, for the rich and the poor, for the young and the aged, for those who sorrow and those who rejoice. 2005-02-02 House Journal Page 0210 Bless the personal lives of these leaders, giving them a time for reflection and renewal in their demanding schedules. Bless them and the people of this state. In Thy name we pray. Amen. The Pledge of Allegiance was led by Representative Stoltze. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 22nd and 23rd 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 January 31, 2005, was received regarding the declaration of disaster dated January 15, 2005, requesting legislative approval of a financing plan as required under AS 26.23.020. The letter and financial plan had been copied to the Finance Committee co- chairs. COMMUNICATIONS The following was received: Dept. of Administration Division of Finance Compensation and Travel Report of Executive Positions for 2004 http://fin.admin.state.ak.us/dof/financial_reports/ctep_toc.jsp (as required by AS 37.05.210) REPORTS OF STANDING COMMITTEES HB 15 The Labor & Commerce Committee has considered: 2005-02-02 House Journal Page 0211 HOUSE BILL NO. 15 "An Act relating to seasonal alcoholic beverage licenses; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 15(L&C) "An Act relating to seasonal alcoholic beverage licenses; relating to transfer of certain beverage dispensary licenses issued before June 6, 1985; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (5): Lynn, Kott, LeDoux, Rokeberg, Anderson No recommendation (1): Guttenberg The following fiscal note(s) apply to CSHB 15(L&C): 1. Zero, Dept. of Fish & Game 2. Fiscal, Dept. of Public Safety HB 15 was referred to the Finance Committee. HB 35 The Labor & Commerce Committee has considered: HOUSE BILL NO. 35 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (6): Lynn, Kott, LeDoux, Guttenberg, Rokeberg, Anderson The following fiscal note(s) apply: 2005-02-02 House Journal Page 0212 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 35 was referred to the Finance Committee. HB 47 The Finance Committee has considered: HOUSE BILL NO. 47 "An Act extending the termination date of the Board of Certified Real Estate Appraisers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 47(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers; and relating to the requirements for membership on the Board of Certified Real Estate Appraisers." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Kelly, Foster, Stoltze, Meyer No recommendation (3): Moses, Croft, Chenault The following fiscal note(s) apply to CSHB 47(FIN): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 47 is on today's calendar. HB 61 The Labor & Commerce Committee has considered: HOUSE BILL NO. 61 "An Act relating to licensing for a Calcutta pool as a game of chance." 2005-02-02 House Journal Page 0213 and recommends it be replaced with: CS FOR HOUSE BILL NO. 61(L&C) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Kott, LeDoux, Anderson No recommendation (3): Lynn, Guttenberg, Rokeberg The following fiscal note(s) apply to CSHB 61(L&C): 1. Indeterminate, Dept. of Revenue HB 61 was referred to the Finance Committee. HB 64 The Finance Committee has considered: HOUSE BILL NO. 64 "An Act extending the termination date for the Board of Public Accountancy; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Hawker, Weyhrauch, Kelly, Foster, Stoltze, Meyer No recommendation (2): Moses, Chenault The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 64 is on today's calendar. 2005-02-02 House Journal Page 0214 HB 81 The Labor & Commerce Committee has considered: HOUSE BILL NO. 81 "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration." and recommends it be replaced with: CS FOR HOUSE BILL NO. 81(L&C) "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (5): Lynn, Kott, LeDoux, Guttenberg, Anderson No recommendation (1): Rokeberg The following fiscal note(s) apply to CSHB 81(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Labor & Workforce Development 2005-02-02 House Journal Page 0215 HB 81 was referred to the Judiciary Committee. The Speaker stated that, without objection, the House would recess for a meeting of the Committee on Committees; and so, the House recessed at 10:14 a.m. AFTER RECESS The Speaker called the House back to order at 10:32 a.m. REPORTS OF SPECIAL COMMITTEES The following report of the Committee on Committees, dated February 2, 2005, was received submitting an amendment to the January 18, 2005, report (page 84): Legislative Council: Kott, Chair; Harris, Coghill, Gatto, Rokeberg, Weyhrauch, Berkowitz The report was signed by Representative Harris, Chair; and Representatives Coghill, Rokeberg, Chenault, Meyer, and Berkowitz. Representative Coghill moved and asked unanimous consent that the House adopt the Committee on Committees Report as amended. There being no objection, it was so ordered. HJR 6 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 6 Relating to the labeling of fish products and processed food items containing fish to identify the country of origin and to distinguish between wild and farmed fish and fish products. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH) Relating to the labeling of fish and shellfish to identify the country of origin and to distinguish between wild and farmed fish and shellfish. 2005-02-02 House Journal Page 0216 The report was signed by Representatives Thomas and LeDoux, Co- chairs, with the following individual recommendations: Do pass (6): Harris, Elkins, Salmon, Wilson, LeDoux, Thomas The following fiscal note(s) apply to CSHJR 6(FSH): 1. Zero, Dept. of Environmental Conservation 2. Zero, Dept. of Fish & Game HJR 6 was referred to the Resources Committee. HB 32 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 32 "An Act making a special appropriation for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Kohring No recommendation (3): Gardner, Samuels, McGuire The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources HB 32 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 2005-02-02 House Journal Page 0217 Honoring - Kenai Chamber of Commerce, 2004 Community Awards By Senator Wagoner; Representatives Olson, Chenault In Memoriam - Jon William Paulsen By Representative Guttenberg INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 8 HOUSE JOINT RESOLUTION NO. 8 by Representatives Weyhrauch, Dahlstrom, Gardner, Lynn, Stoltze, and Gruenberg: Expressing support of Alaska Army National Guard soldiers deployed worldwide. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 120 HOUSE BILL NO. 120 by Representative Wilson, entitled: "An Act relating to safety devices and sharp instruments for the prevention of the spread of bloodborne pathogens in health care employees; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 121 HOUSE BILL NO. 121 by the House Community & Regional Affairs Committee, entitled: "An Act relating to consolidating or abolishing certain service areas in second class boroughs." 2005-02-02 House Journal Page 0218 was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. HB 122 HOUSE BILL NO. 122 by Representatives Dahlstrom, Berkowitz, Kott, Lynn, Hawker, Gruenberg, and Wilson, entitled: "An Act relating to payment of premiums for Servicemembers' Group Life Insurance on behalf of members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Labor & Commerce and Finance Committees. HB 123 HOUSE BILL NO. 123 by the House Labor & Commerce Committee, entitled: "An Act relating to occupational licensing fees and receipts; extending the termination dates of the Boards of Barbers and Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 124 HOUSE BILL NO. 124 by Representative Anderson, entitled: "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes." was read the first time and referred to the Judiciary and Finance Committees. 2005-02-02 House Journal Page 0219 HB 125 HOUSE BILL NO. 125 by Representatives Gardner and Gara, entitled: "An Act making an appropriation for the construction of the Dowling Road extension; and providing for an effective date." was read the first time and referred to the Transportation, Community & Regional Affairs, and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 47 The following was read the second time: HOUSE BILL NO. 47 "An Act extending the termination date of the Board of Certified Real Estate Appraisers." with the: Journal Page L&C RPT 4DP 1NR 149 FN1: (CED) 149 FIN RPT CS(FIN) NT 5DP 3NR 212 FN1: (CED) 212 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 47(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers; and relating to the requirements for membership on the Board of Certified Real Estate Appraisers." There being no objection, it was so ordered. 2005-02-02 House Journal Page 0220 Amendment No. 1 was offered by Representatives Stoltze and Lynn: Page 1, line 3, following "Appraisers" (title amendment): Insert "; and prohibiting a municipality from charging a fee for an appeal of a residential real property tax assessment to the municipality's board of equalization" Page 2, following line 2: Insert a new bill section to read: "* Sec. 3. AS 29.45.190 is amended by adding a new subsection to read: (f) A municipality may not charge a person a fee for appealing an assessment of residential real property to the board of equalization under this section." Representative Stoltze moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected. Representative Stoltze moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was not offered. Representative Coghill moved and asked unanimous consent that CSHB 47(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 47(FIN) was read the third time. The question being: "Shall CSHB 47(FIN) pass the House?" The roll was taken with the following result: CSHB 47(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2005-02-02 House Journal Page 0221 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Crawford, Joule, Kerttula And so, CSHB 47(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 64 The following was read the second time: HOUSE BILL NO. 64 "An Act extending the termination date for the Board of Public Accountancy; and providing for an effective date." with the: Journal Page L&C RPT 5DP 149 FN1: (CED) 150 FIN RPT 6DP 2NR 213 FN1: (CED) 213 Representative Coghill moved and asked unanimous consent that HB 64 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 64 was read the third time. Representative Hawker moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Hawker was required to vote. The question being: "Shall HB 64 pass the House?" The roll was taken with the following result: 2005-02-02 House Journal Page 0222 HB 64 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Crawford, Joule, Kerttula Absent: Moses, Weyhrauch And so, HB 64 passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 64 was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 122 The Speaker removed the Labor & Commerce Committee referral for the following: HOUSE BILL NO. 122 "An Act relating to payment of premiums for Servicemembers' Group Life Insurance on behalf of members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." HB 122 was referred to the House Special Committee on Military & Veterans' Affairs with a further referral to the Finance Committee. 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: 2005-02-02 House Journal Page 0223 Representative Rokeberg - from 2:00 p.m., February 3 to 10:00 p.m., plane time, February 6, 2005 Representative Gatto - from 7:00 p.m., February 3 to 10:00 p.m., plane time, February 6, 2005 Representative Berkowitz - from 7:00 p.m., February 3 to 10:00 p.m., plane time, February 6, 2005 Representative Stoltze - from 7:00 p.m., February 3 to 10:00 p.m., plane time, February 6, 2005 Representative Weyhrauch - from 7:00 p.m., February 3 to 10:00 a.m., plane time, February 8, 2005 Representative Coghill - from noon, February 4 to 10:00 p.m., plane time, February 5, 2005 Representative Thomas - from 10:00 a.m., February 4 to 7:00 p.m., plane time, February 6, 2005 Representative Samuels - from 1:00 p.m., February 4 to 10:00 p.m., plane time, February 6, 2005 Representative Ramras - from 6:00 a.m., February 4 to 9:30 a.m., plane time, February 7, 2005 Representative Gardner - from 10:00 a.m., February 4 to 9:30 a.m., plane time, February 7, 2005 Representative Kelly - from 11:00 a.m., February 4 to 9:30 a.m., plane time, February 7, 2005 Representative Holm - from 6:00 p.m., February 4 to 9:30 a.m., plane time, February 7, 2005 Representative Gara - from 7:30 p.m., February 4 to 9:30 a.m., plane time, February 7, 2005 Representative Croft - from 7:00 p.m., February 4 to 9:30 a.m., plane time, February 10, 2005 2005-02-02 House Journal Page 0224 Representative Kohring - from 1:00 p.m., February 5 to 10:00 p.m., plane time, February 9, 2005 HJR 6 Representative Salmon added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 6 Relating to the labeling of fish products and processed food items containing fish to identify the country of origin and to distinguish between wild and farmed fish and fish products. HB 3 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 3 "An Act relating to testing public and private school students for abnormal spinal curvature." HB 7 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 7 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." HB 13 Representative Lynn added his name as cosponsor to: HOUSE BILL NO. 13 "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." HB 16 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 16 "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; and providing for an effective date." 2005-02-02 House Journal Page 0225 HB 20 Representative Lynn added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20 "An Act relating to a separate appropriation bill for operating expenses for primary and secondary public education and establishing a date by which the bill must be transmitted to the governor each year; relating to notice of nonretention for tenured teachers; and providing for an effective date." HB 46 Representative Elkins removed his name as cosponsor to: HOUSE BILL NO. 46 "An Act permitting grants to certain regulated public utilities for water quality enhancement projects and water supply and wastewater systems." HB 52 Representative Harris added his name as cosponsor to: HOUSE BILL NO. 52 "An Act relating to adoption and revision of a comprehensive long-range fiscal plan for the State of Alaska." HB 60 Representatives Gara and Lynn added their names as cosponsors to: HOUSE BILL NO. 60 "An Act relating to the regulation of the transportation of dead bodies." HB 64 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 64 "An Act extending the termination date for the Board of Public Accountancy; and providing for an effective date." 2005-02-02 House Journal Page 0226 HB 72 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 72 "An Act relating to legislative open meetings guidelines." HB 84 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 84 "An Act extending the termination date for the Alaska Seismic Hazards Safety Commission; and providing for an effective date." HB 109 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 109 "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening tests; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date." ENGROSSMENT HB 47 CSHB 47(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 64 HB 64 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: 2005-02-02 House Journal Page 0227 Administrative Regulation Review CHANGED TO: 5:00 p.m., 2/2 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 4, 2005. There being no objection, the House adjourned at 11:38 a.m. Suzi Lowell Chief Clerk