Legislature(2005 - 2006)

2006-01-25 House Journal

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2006-01-25                     House Journal                      Page 2341
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday             January 25, 2006                             
                                                                                                    
                            Seventeenth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:20 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representative Weyhrauch was                                  
absent.                                                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Samuels be excused from a call of the House today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Chenault be excused from a call of the House from                                    
today to 7:00 p.m., plane time, January 31, 2006.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Nancy Campbell.                                         
Representative Stoltze moved and asked unanimous consent that the                                   
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    With the deepest respect for the religious beliefs of all Alaskans, I                           
    offer the following prayer.  Let us pray.                                                       
                                                                                                    
    Dear Heavenly Father,                                                                           
                                                                                                    
    I entreat Your favor on the state House today as they meet for                                  
    this legislative session.  Grant them good health.  Give them                                   
    wisdom.  Bless their decisions.  Let any unresolved issues be                                   

2006-01-25                     House Journal                      Page 2342
      settled.  Cause Your light to shine upon them and give them                                  
    peace of heart and peace of mind.                                                               
                                                                                                    
     I pray for renewed energy - a refreshing of their minds and a                                 
    quickening of their steps from You, Lord.                                                       
                                                                                                    
    Thank You, Lord.  In Jesus' name.  Amen.                                                        
                                                                                                    
The Pledge of Allegiance was led by Representative Hawker.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 15th and 16th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Rokeberg introduced Ashley Straley, Page, from                                       
Anchorage.                                                                                          
                                                                                                    
Representative Rokeberg introduced Yelena Bakulina from Kirov,                                      
Russia.  She is a participant in The Young Professionals U.S.                                       
Government Internship Program sponsored by the U.S. State                                           
Department in conjunction with the American Councils for                                            
International Education and the National Conference of State                                        
Legislatures.                                                                                       
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Mining, Land, and Water                                                                 
2006 Report to the Legislature                                                                      
Report on Identified R.S. 2477 Rights-of-Way                                                        
Notification of Annual Mining Report                                                                
Land Disposal Income Fund Report                                                                    
Notification of Annual Report on the                                                                
Status of Land in the Land Disposal Bank                                                            
Notification of Annual Report on Water Removals and Exports                                         
Notification of Interim Land Classifications                                                        

2006-01-25                     House Journal                      Page 2343
(Closing Land to Mineral Entry)                                                                     
Summary of Cooperative Resource Management                                                          
or Development Agreements                                                                           
(as required by AS 19.30.400, 27.05.060, 38.04.022, 38.04.020,                                      
46.15.020, 38.05.300, 38.05.027, respectively)                                                      
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                       Mr. Jeremiah D. Campbell                                                    
                                                                                                    
as a member of the Board of Fisheries.                                                              
                                                                                                    
                         Mr. Bruce C. Twomley                                                      
                                                                                                    
as a member of the Alaska Commercial Fisheries Entry Commission                                     
(CFEC).                                                                                             
                                                                                                    
The reports were signed by Representative Ramras, Co-chair; and                                     
Representatives Kapsner, Gatto, Olson, Crawford, LeDoux, and                                        
Seaton.                                                                                             
                                                                                                    
HB 194                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 194                                                                              
    "An Act prohibiting a public officer from taking official action                                
    regarding a matter in which the public officer has a significant                                
    financial interest; and defining 'official action' for purposes of the                          
    chapter generally referred to as the Executive Branch Ethics Act."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 194(STA)                                                                  
    "An Act prohibiting a public officer from taking official action                                
    regarding a matter in which the public officer has a significant                                
    financial interest; providing for imposition of costs against                                   
    violators of, and defining 'official action' for purposes of, the                               
    chapter generally referred to as the Executive Branch Ethics Act."                              

2006-01-25                     House Journal                      Page 2344
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gardner, Lynn, Gatto, Seaton                                                          
                                                                                                    
No recommendation (2):  Ramras, Elkins                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 194(STA):                                                
                                                                                                    
1.  Zero, Office of the Governor/All Depts.                                                         
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 194 was referred to the Judiciary Committee.                                                     
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
A letter dated January 24, 2006, was received from the Joint Victims'                               
Advocate Selection Committee, stating that in accordance with                                       
AS 24.65.020, they have nominated the following as Victims'                                         
Advocate:                                                                                           
                                                                                                    
    Mary Anne Henry                                                                                 
                                                                                                    
Ms. Henry meets the qualifications specified in AS 24.65.030.                                       
                                                                                                    
The report was signed by Representatives Samuels, Stoltze,                                          
Berkowitz; and Senators Huggins, Dyson, French.                                                     
                                                                                                    
The appointment becomes effective if the nomination is approved by a                                
roll call vote of two-thirds of the members of the legislature in joint                             
session.                                                                                            
                                                                                                    
HB 300                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
    HOUSE BILL NO. 300                                                                              
    "An Act relating to the qualifications of the member of the Alaska                              
    Oil and Gas Conservation Commission who need not be certified,                                  
    trained, or experienced in either the field of petroleum engineering                            
    or the field of petroleum geology."                                                             
                                                                                                    

2006-01-25                     House Journal                      Page 2345
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 300(O&G)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Guttenberg, Samuels, Dahlstrom, Rokeberg, Kohring                                     
                                                                                                    
No recommendation (1):  Gardner                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 300(O&G):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 300 was referred to the Resources Committee.                                                     
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Katie Pearson                                                                            
By Representative Ramras                                                                            
                                                                                                    
Honoring - The Teachers and Staff of Schoenbar Middle School                                        
By Representative Elkins                                                                            
                                                                                                    
In Memoriam - Lois Elinor Cosgrove                                                                  
By Representative Harris                                                                            
                                                                                                    
In Memoriam - First Lieutenant Jamie Campbell                                                       
By Representative Ramras                                                                            
                                                                                                    
In Memoriam - Fiatau Saena, Jr.                                                                     
By Representative Gruenberg; Senator Guess                                                          
                                                                                                    
The following citations were introduced and taken up later as a Special                             
Order of Business:                                                                                  
                                                                                                    

2006-01-25                     House Journal                      Page 2346
Honoring - The Creating Alaska Project                                                              
By Representative Kelly; Senator Seekins                                                            
                                                                                                    
Honoring - The 50th Anniversary of the Alaska Constitutional                                        
Convention                                                                                          
By Representative Kelly; Senator Seekins                                                            
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HR 12                                                                                             
HOUSE RESOLUTION NO. 12 by Representative Olson:                                                    
                                                                                                    
    Requesting that the Alaska Department of Transportation and                                     
    Public Facilities terminate the State of Washington's involvement                               
    in the Alaska marine highway system.                                                            
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
HCR 27                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 27 by Representatives                                               
Ramras and Holm:                                                                                    
                                                                                                    
    Urging the Alaska Retirement Management Board and the Alaska                                    
    Permanent Fund Corporation to divest all holdings held in                                       
    companies with business activities or holding investments in Iran                               
    and North Korea.                                                                                
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 390                                                                                            
HOUSE BILL NO. 390 by Representatives Stoltze, Lynn, and                                            
Dahlstrom, entitled:                                                                                
                                                                                                    
    "An Act limiting the amount that a municipality may charge for an                               
    appeal of a residential real property tax assessment to the                                     
    municipality's board of equalization."                                                          
                                                                                                    

2006-01-25                     House Journal                      Page 2347
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
HB 391                                                                                            
HOUSE BILL NO. 391 by Representatives Stoltze, Lynn, and                                            
Dahlstrom, entitled:                                                                                
                                                                                                    
    "An Act relating to a limit on the amount by which the assessed                                 
    value of property may be increased for purposes of municipal                                    
    property taxation."                                                                             
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
HB 392                                                                                            
HOUSE BILL NO. 392 by Representative Wilson, entitled:                                              
                                                                                                    
    "An Act authorizing the establishment of regional solid waste                                   
    management authorities."                                                                        
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Labor & Commerce Committees.                                                            
                                                                                                    
HB 393                                                                                            
HOUSE BILL NO. 393 by Representatives Anderson, Lynn, and                                           
Gruenberg entitled:                                                                                 
                                                                                                    
    "An Act requiring that certain health care insurance plans provide                              
    coverage for the costs of colorectal cancer screening examinations                              
    and laboratory tests; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Health, Education & Social Services Committees.                                                     
                                                                                                    
HB 394                                                                                            
HOUSE BILL NO. 394 by Representative Meyer, entitled:                                               
                                                                                                    
    "An Act relating to allowing insurance policies to be filed,                                    
    approved, and delivered in languages other than English if an                                   
    official English language version is also provided."                                            
                                                                                                    

2006-01-25                     House Journal                      Page 2348
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 395                                                                                            
HOUSE BILL NO. 395 by Representatives Olson, Hawker, and                                            
Seaton, entitled:                                                                                   
                                                                                                    
    "An Act extending the period of the fire season."                                               
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 396                                                                                            
HOUSE BILL NO. 396 by Representatives Berkowitz and Cissna,                                         
entitled:                                                                                           
                                                                                                    
    "An Act establishing the Alaska Commission on Health Care; and                                  
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 397                                                                                            
HOUSE BILL NO. 397 by Representatives Anderson, McGuire,                                            
Gruenberg, Gara, Gardner, and Cissna, entitled:                                                     
                                                                                                    
    "An Act making an appropriation for an upgrade of signal system                                 
    emergency devices in Anchorage, contingent upon matching funds                                  
    from the Municipality of Anchorage; 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                                            
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2006-01-25                     House Journal                      Page 2349
Honoring - Elizabeth Wanamaker Peratrovich                                                          
By Senator Davis; Representatives Harris, Anderson, Berkowitz,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton,                                      
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Honoring - Patrick L. Garrity, Principal, Sand Lake Elementary,                                     
Recipient Consul-General's Commendation, Consulate-General of                                       
Japan                                                                                               
By Senator Ben Stevens; Representatives Rokeberg, McGuire, Harris,                                  
Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn,                                 
Meyer, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Thomas,                                      
Weyhrauch, Wilson                                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Betty McPeak                                                                          
By Representatives Coghill, Harris, Anderson, Berkowitz, Cissna,                                    
Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
In Memoriam - Celebrating the Memory and Life of Warren Wenzel                                      
Prax                                                                                                
By Representatives Coghill, Harris, Anderson, Berkowitz, Cissna,                                    
Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    

2006-01-25                     House Journal                      Page 2350
In Memoriam - Norman A. Cosgrove                                                                    
By Representatives Harris, Anderson, Berkowitz, Cissna, Coghill,                                    
Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Representative Drew Scalzi                                                            
By Senator Gary Stevens; Representatives Olson, Harris, Anderson,                                   
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn,                                 
McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg, Salmon,                                            
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
                          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 Kerttula - from 7:00 a.m., January 26 to 2:00 p.m.,                                  
plane time, January 28, 2006                                                                        
                                                                                                    
Representative Gatto - from 1:00 p.m., January 26 to 10:00 a.m., plane                              
time, January 30, 2006                                                                              
                                                                                                    
Representative Ramras - from 1:00 p.m., January 26 to 10:00 a.m.,                                   
plane time, January 30, 2006                                                                        
                                                                                                    
Representative Kott - from 6:00 a.m., January 27 to 10:00 p.m., plane                               
time, January 29, 2006                                                                              
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citations,                                    
Honoring - The 50th Anniversary of the Alaska Constitutional                                        
Convention and Honoring - The Creating Alaska Project, be taken up                                  
as a Special Order of Business.  There being no objection, it was so                                
ordered.                                                                                            

2006-01-25                     House Journal                      Page 2351
Representative Coghill moved and asked unanimous consent that all                                   
members of the House be shown as cosponsors of the citation,                                        
Honoring - The 50th Anniversary of the Alaska Constitutional                                        
Convention.  There being no objection, it was so ordered.                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations.  There being no objection, the following                               
citations were approved and sent to enrolling:                                                      
                                                                                                    
Honoring - The 50th Anniversary of the Alaska Constitutional                                        
Convention                                                                                          
By Representatives Kelly, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                     
Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson; Senator Seekins                                                 
                                                                                                    
Honoring - The Creating Alaska Project                                                              
By Representatives Kelly, Harris, Anderson, Berkowitz, Cissna,                                      
Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                  
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Wilson; Senator                                  
Seekins                                                                                             
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 144                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 144                                                                              
    "An Act authorizing an advisory vote on whether income of the                                   
    Alaska permanent fund in the earnings reserve account should be                                 
    used for a community dividend program."                                                         
                                                                                                    
HB 318                                                                                            
Representative Elkins added his name as cosponsor to:                                               
                                                                                                    

2006-01-25                     House Journal                      Page 2352
    HOUSE BILL NO. 318                                                                              
    "An Act limiting the exercise of eminent domain."                                               
                                                                                                    
HB 321                                                                                            
Representatives Gatto and Anderson added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 321                                                                              
    "An Act relating to high risk operation of a motor vehicle, aircraft,                           
    or watercraft while under the influence of an alcoholic beverage,                               
    inhalant, or controlled substance and to refusal to submit to a                                 
    chemical test."                                                                                 
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., January 27, 2006.  There being no                                   
objection, the House adjourned at 10:49 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk