Legislature(2005 - 2006)

2005-05-23 House Journal

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2005-05-23                     House Journal                      Page 2093
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                         FIRST SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                   Monday                   May 23, 2005                            
                                                                                                    
                             Thirteenth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:18 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representative Kott had been                                  
previously excused from a call of the House today.  Representatives                                 
Anderson, Kerttula, and McGuire were absent and their presence was                                  
noted later.                                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kapsner be excused from a call of the House today to                                 
3:00 p.m.  There being no objection, it was so ordered.                                             
                                                                                                    
The invocation was offered by the Chaplain, Representative                                          
Dahlstrom.  Representative LeDoux moved and asked unanimous                                         
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
   With respect for all the beliefs in this body I offer this prayer.                              
                                                                                                    
    Our Father in heaven, we thank You for this great country and                                   
    great state that we are blessed to live in.  We thank You for                                   
    the health and the strength that most of us enjoy, and we are                                   
    mindful of those who are suffering or who have family                                           
    members who are suffering, and we pray for them.  Please                                        
    bless them with calm and with the strength they need to                                         
    endure their individual situations.                                                             
                                                                                                    

2005-05-23                     House Journal                      Page 2094
      Father, please bless our families and the loved ones who are                                 
    supporting us as we endeavor to serve the people of Alaska.                                     
                                                                                                    
    Father, bless us with wisdom, with compassion, and with                                         
    understanding of our differences as we serve in this body.                                      
    Bless the men and women who are serving our country and                                         
    please watch over their families who are left behind and who                                    
    are supporting them.                                                                            
                                                                                                    
     Father, we give Thee thanks and we ask for these blessings in                                 
    Thy name.  Amen.                                                                                
                                                                                                    
The Pledge of Allegiance was led by Representative Samuels.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 12th legislative day of the First Special Session be                                
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
3:00 p.m.; and so, the House recessed at 11:23 a.m.                                                 
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:16 p.m.                                             
                                                                                                    
**The presence of Representatives Kerttula was noted.                                               
                                                                                                    
**The presence of Representative Kapsner, who was excused (page                                     
2093), was noted.                                                                                   
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 141                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the 2d Free Conference Committee report (page 2076)                                  
on the following, which is under Unfinished Business:                                               
                                                                                                    

2005-05-23                     House Journal                      Page 2095
           HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H                                       
    "An Act relating to the teachers' and public employees' retirement                              
    systems and creating defined contribution and health                                            
    reimbursement plans for members of the teachers' retirement                                     
    system and the public employees' retirement system who are first                                
    hired after July 1, 2005; relating to university retirement                                     
    programs; establishing the Alaska Retirement Management Board                                   
    to replace the Alaska State Pension Investment Board, the Alaska                                
    Teachers' Retirement Board, and the Public Employees'                                           
    Retirement Board; adding appeals of the decisions of the                                        
    administrator of the teachers' and public employees' retirement                                 
    systems to the jurisdiction of the office of administrative hearings;                           
    providing for nonvested members of the teachers' retirement                                     
    system defined benefit plans to transfer into the teachers'                                     
    retirement system defined contribution plan and for nonvested                                   
    members of the public employees' retirement system defined                                      
    benefit plans to transfer into the public employees' retirement                                 
    system defined contribution plan; providing for political                                       
    subdivisions and public organizations to request to participate in                              
    the public employees' defined contribution retirement plan; and                                 
    providing for an effective date."                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 141(FIN)                                                                 
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Berkowitz moved the effective date clause in Sec. 148                                
of FCCS SB 141(2d FCC).                                                                             
                                                                                                    
**The presence of Representatives McGuire and Anderson was noted.                                   
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 5:54 p.m.                                        
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 6:40 p.m.                                             
                                                                                                    

2005-05-23                     House Journal                      Page 2096
                          UNFINISHED BUSINESS                                                    
                              (continued)                                                          
                                                                                                    
SB 141                                                                                            
Representative Coghill moved to table the motion to adopt the                                       
effective date clause in Sec. 148 of FCCS SB 141(2d FCC).                                           
                                                                                                    
Representative Berkowitz moved to amend the motion to table until                                   
after the vote on the capital budget.                                                               
                                                                                                    
Representative Kelly placed a call of the House.                                                    
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The Speaker ruled the motion to amend out of order stating the motion                               
to table was not amendable.                                                                         
                                                                                                    
The question being:  "Shall the House table the motion to adopt the                                 
effective date clause in Sec. 148 of FCCS SB 141(2d FCC)?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
FCCS SB 141(2d FCC)                                                                                 
Adopt Effective Date Clause, Sec. 148                                                               
Table                                                                                               
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, LeDoux, Lynn, McGuire,                                        
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton,                                     
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Salmon                                                        
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
Representative Coghill moved that the House adopt the 2d Free                                       
Conference Committee report, thus adopting FCCS SB 141(2d FCC).                                     
                                                                                                    
The question being:  "Shall the House adopt the 2d Free Conference                                  
Committee report?"  The roll was taken with the following result:                                   

2005-05-23                     House Journal                      Page 2097
                                                                                                    
FCCS SB 141(2d FCC)                                                                                 
Adopt                                                                                               
                                                                                                    
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm,                                      
Kapsner, Kelly, Kohring, Meyer, Moses, Neuman, Olson, Ramras,                                       
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson                                                  
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kerttula,                                      
LeDoux, Lynn, McGuire, Salmon, Weyhrauch                                                            
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
And so, the House adopted the 2d Free Conference Committee report,                                  
thus adopting:                                                                                      
                                                                                                    
    FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d                                                   
    FCC)                                                                                            
    "An Act relating to the teachers' and public employees' retirement                              
    systems and creating defined contribution and health                                            
    reimbursement plans for members of the teachers' retirement                                     
    system and the public employees' retirement system who are first                                
    hired after July 1, 2006; relating to university retirement                                     
    programs; establishing the Alaska Retirement Management Board                                   
    to replace the Alaska State Pension Investment Board, the Alaska                                
    Teachers' Retirement Board, and the Public Employees'                                           
    Retirement Board; adding appeals of the decisions of the                                        
    administrator of the teachers' and public employees' retirement                                 
    systems to the jurisdiction of the office of administrative hearings;                           
    providing for nonvested members of the teachers' retirement                                     
    system defined benefit plans to transfer into the teachers'                                     
    retirement system defined contribution plan and for nonvested                                   
    members of the public employees' retirement system defined                                      
    benefit plans to transfer into the public employees' retirement                                 
    system defined contribution plan; providing for political                                       
    subdivisions and public organizations to request to participate in                              
    the public employees' defined contribution retirement plan; and                                 
    providing for an effective date."                                                               
                                                                                                    
    (technical title change)                                                                        

2005-05-23                     House Journal                      Page 2098
Representative Coghill moved the effective date clauses.                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the question be divided.                                                                            
                                                                                                    
The Speaker ruled that the question was divisible.  There being no                                  
objection, the question of the effective date clauses was divided.                                  
                                                                                                    
Representative Berkowitz moved that the effective date clauses, with                                
the exception of Sec. 148, be adopted.                                                              
                                                                                                    
The question being:  "Shall the effective date clauses in Sec. 147, Sec.                            
149, Sec. 150, and Sec. 151 be adopted?"  The roll was taken with the                               
following result:                                                                                   
                                                                                                    
FCCS SB 141(2d FCC)                                                                                 
Adopt                                                                                               
Effective Date/Sec. 147, Sec. 149, Sec. 150, and Sec. 151                                           
                                                                                                    
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Gatto, Harris, Hawker, Holm, Joule, Kelly, Kohring, LeDoux, Lynn,                                   
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                             
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gardner, Gruenberg,                                       
Guttenberg, Kapsner, Kerttula, Salmon                                                               
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Gara changed from "Yea" to "Nay".                                                                   
                                                                                                    
And so, the effective date clauses in Sec. 147, Sec. 149, Sec. 150, and                             
Sec. 151 were adopted.                                                                              
                                                                                                    
Without objection, the motion to adopt the effective date clause in Sec.                            
148, which was tabled (page 2096), was before the House.                                            
                                                                                                    
The question being:  "Shall the effective date clause in Sec. 148 be                                
adopted?"  The roll was taken with the following result:                                            

2005-05-23                     House Journal                      Page 2099
                                                                                                    
FCCS SB 141(2d FCC)                                                                                 
Adopt                                                                                               
Effective Date/Sec. 148                                                                             
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kapsner, Kelly, Kohring, LeDoux, Lynn,                                        
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                             
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kerttula, Salmon                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
And so the effective date clause in Sec. 148 was adopted.                                           
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that the                                     
House revert to Introduction, First Reading, and Reference of House                                 
Bills.  There being no objection, the House reverted to:                                            
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 1001                                                                                           
HOUSE BILL NO. 1001 by Representatives Crawford, Croft, Gara,                                       
and Guttenberg, entitled:                                                                           
                                                                                                    
    "An Act relating to retirement benefits and the Public                                          
    Employment Relations Act."                                                                      
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    

2005-05-23                     House Journal                      Page 2100
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 46                                                                                             
The following, which was on yesterday's calendar and not taken up                                   
(page 2090), was not taken up this legislative day and will be on                                   
tomorrow's calendar:                                                                                
                                                                                                    
    HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN)                                                  
    "An Act making and amending appropriations, including capital                                   
    appropriations, supplemental appropriations, reappropriations, and                              
    appropriations to capitalize funds; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date                                                                                            
                                                                                                    
                                                                                                    
                       ENGROSSMENT AND ENROLLMENT                                                
                                                                                                    
HR 8                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 2:45 p.m., May 23, 2005:                                              
                                                                                                    
    HOUSE RESOLUTION NO. 8 am                                                                       
    Establishing the House Task Force on Alaska Gaming Policy to                                    
    consider the establishment of a gaming commission and study                                     
    gaming activities in the state; and providing for a report of the                               
    findings to the Alaska Legislative Council.                                                     
                                                                                                    
                                                                                                    
The following memorandum, dated May 20, 2005, 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 errors in HR 8 am,                               
which have been corrected in enrolling:                                                             
                                                                                                    

2005-05-23                     House Journal                      Page 2101
Page 2, line 28:                                                                                    
    Delete "who"                                                                                    
    Insert "that"                                                                                   
                                                                                                    
Page 2, line 29:                                                                                    
    Delete "not less"                                                                               
    Insert "at least"                                                                               
    Delete "veteran's"                                                                              
    Insert "veterans'"                                                                              
                                                                                                    
Page 2, line 31:                                                                                    
    Delete "not less"                                                                               
    Insert "at least""                                                                              
                                                                                                    
HR 9                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 2:45 p.m., May 23, 2005:                                              
                                                                                                    
    HOUSE RESOLUTION NO. 9                                                                          
    Relating to the plans of the United States Postal Service to                                    
    discontinue air shipment of bypass mail between Fairbanks,                                      
    Alaska, and Barrow, Alaska.                                                                     
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HCR 7                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES)                                         
    Urging the governor to direct the division of oil and gas,                                      
    Department of Natural Resources, to undertake a comprehensive                                   
    review of the subject of Cook Inlet oil and gas platform                                        
    abandonment for the purpose of developing new oil and gas                                       
    platform abandonment regulations and their adoption and                                         
    implementation.                                                                                 
                                                                                                    

2005-05-23                     House Journal                      Page 2102
HCR 9                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 9                                                               
    Proclaiming Alaska Agriculture Day for 2005 and 2006.                                           
                                                                                                    
HCR 10                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES)                                                  
    Supporting the development of the Kensington Gold Mine.                                         
                                                                                                    
                                                                                                    
HCR 11                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Proclaiming July 24, 2005, as Parents' Day.                                                     
                                                                                                    
                                                                                                    
HJR 20                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 20                                                                   
    Urging the United States Congress and the United States Food and                                
    Drug Administration to assist in the prompt approval of new drug                                
    applications for the treatment of prostate cancer.                                              
                                                                                                    

2005-05-23                     House Journal                      Page 2103
The following memorandum, dated May 18, 2005, 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 HJR 20,                                 
which has been corrected in enrolling:                                                              
                                                                                                    
Page 2, line 18, following "of":                                                                    
    Insert "the""                                                                                   
                                                                                                    
                                                                                                    
HB 293                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:45 p.m.,                                 
May 23, 2005:                                                                                       
                                                                                                    
    HOUSE BILL NO. 293                                                                              
    "An Act relating to a borough sales tax exemption for a source                                  
    that is taxed by a city in that borough."                                                       
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
                                                                                                    
Conference Committee         Capitol 532                       8:00 p.m.                            
HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                      
                                                                                                    
                                                                                                    
Conference Committee         Capitol 532                       8:00 p.m.                            
HB  66 APPROP: MENTAL HEALTH BUDGET                                                                 
HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                     
                                                                                                    

2005-05-23                     House Journal                      Page 2104
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 24, 2005.  There being no                                       
objection, the House adjourned at 7:30 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk