Legislature(2005 - 2006)

2006-01-30 House Journal

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2006-01-30                     House Journal                      Page 2377
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday               January 30, 2006                           
                                                                                                    
                            Twenty-second Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:21 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Anderson,                                     
Chenault, Elkins, Joule, and McGuire had been previously excused                                    
from a call of the House today.  Representative Hawker was absent.                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House today.                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Major Joe Huttenlocker                                  
of The Salvation Army.  Representative Meyer moved and asked                                        
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     O God, Thou art the creator, preserver, and indeed the                                         
     governor of all things.  As we begin this new week, we give                                    
     Thee thanks for this land and the great state of Alaska.  We                                   
     give Thee thanks for its blessings to us through You.  We ask                                  
     now Your guiding hand to be upon these persons, our elected                                    
     representatives and servants of the people.  May they serve us                                 
     well with honorable conviction.  May the wisdom they serve                                     
     with be not their own, for it is insufficient to meet the tasks                                
     that lay before them. Grant them, O God, Your wisdom and                                       
     understanding, so that all may be done according to Your will                                  
     and for the people of this great state.  We ask this, O God, in                                
     Your name.  May it be so.  Amen.                                                               
                                                                                                    

2006-01-30                     House Journal                      Page 2378
The Pledge of Allegiance was led by Representative Holm.                                            
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 19th, 20th, and 21st legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
A letter dated January 27, 2006, was read stating that, in accordance                               
with AS 18.85.030, the Governor submits the following name for                                      
legislative confirmation of appointment to the position noted.                                      
                                                                                                    
The Speaker referred the following to the State Affairs Committee:                                  
                                                                                                    
Public Defender                                                                                   
 Mr. Quinlan Steiner                                                                                
 Appointed:  10/14/2005  Term Expires:  10/14/2009                                                  
                                                                                                    
The letter further stated that, in accordance with AS 39.05.080, the                                
Governor submits the following names for legislative confirmation of                                
appointment to the boards noted.                                                                    
                                                                                                    
The Speaker referred the following to the House Special Committee                                   
on Education and the Health, Education & Social Services Committee:                                 
                                                                                                    
Professional Teaching Practices Commission                                                        
 Mr. Craig Baker - Kodiak                                                                           
 Reappointed:  1/23/2006   Term Expires:  3/1/2009                                                  
                                                                                                    
 Ms. Linda L. Gillam Black - Anchorage                                                              
 Appointed:  3/1/2006   Term Expires:  3/1/2009                                                     
                                                                                                    
 Ms. Bonnie C. Gaborik - North Pole                                                                 
 Reappointed:  1/23/2006   Term Expires:  3/1/2009                                                  
                                                                                                    
The Speaker referred the following to the Labor & Commerce                                          
Committee:                                                                                          
                                                                                                    

2006-01-30                     House Journal                      Page 2379
Alcoholic Beverage Control Board                                                                  
 Mr. Billy (William) G. Andrews - Anchorage                                                         
 Reappointed:  1/23/2006   Term Expires:  3/1/2009                                                  
                                                                                                    
 Ms. Gail M. Niemi - Juneau                                                                         
 Reappointed:  1/23/2006  Term Expires:  3/1/2009                                                   
                                                                                                    
State Board of Registration for Architects, Engineers, and Land                                   
Surveyors                                                                                         
 Mr. Charles A. Leet - Palmer                                                                       
 Appointed:  1/23/2006  Term Expires:  3/1/2010                                                     
                                                                                                    
Occupational Safety and Health Review Board                                                       
 Mr. Timothy O. Sharp - Fairbanks                                                                   
 Reappointed:  1/23/2006  Term Expires:  3/1/2007                                                   
                                                                                                    
 Mr. Thomas A. Trosvig - Kodiak                                                                     
 Appointed:  1/23/2006   Term Expires:  3/1/2009                                                    
                                                                                                    
Board of Veterinary Examiners                                                                     
 Mr. Steven Torrence - Juneau                                                                       
 Reappointed:  1/23/2006  Term Expires:  3/1/2010                                                   
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following was received:                                                                         
                                                                                                    
Alaska Court System                                                                                 
2005 Travel and Compensation Report                                                                 
January 26, 2006                                                                                    
(as required by AS 22.20.037)                                                                       
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 273                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    

2006-01-30                     House Journal                      Page 2380
     HOUSE BILL NO. 273                                                                             
     "An Act relating to the dividends of individuals claiming                                      
     allowable absences; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 273(STA)                                                                 
     "An Act relating to the dividends of certain individuals claiming                              
     allowable absences; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gardner, Gatto, Ramras, Elkins, Seaton                                                
                                                                                                    
Do not pass (1):  Lynn                                                                              
                                                                                                    
No recommendation (1):  Gruenberg                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 273(STA):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 273 was referred to the Finance Committee.                                                       
                                                                                                    
HB 295                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 295                                                                             
     "An Act adopting the Uniform Fraudulent Transfer Act and                                       
     relating to fraudulent transfers of property."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 295(L&C)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2006-01-30                     House Journal                      Page 2381
Do pass (2):  Rokeberg, Anderson                                                                    
                                                                                                    
No recommendation (4):  Crawford, Lynn, LeDoux, Guttenberg                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 295(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 295 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 326                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 326                                                                             
     "An Act relating to harassment."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 326(JUD)                                                                 
     "An Act relating to the definition of the crime of harassment."                               
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gruenberg, Wilson, Coghill, McGuire                                                   
                                                                                                    
Amend (1):  Anderson                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 326(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 326 was referred to the Finance Committee.                                                       
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 328                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    

2006-01-30                     House Journal                      Page 2382
     HOUSE BILL NO. 328                                                                             
     "An Act prohibiting mixing zones in freshwater spawning waters."                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 328(FSH)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Thomas and LeDoux, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Kapsner, Salmon, LeDoux                                                               
                                                                                                    
No recommendation (2):  Elkins, Thomas                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 328(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 328 was referred to the Resources Committee.                                                     
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HR 13                                                                                             
HOUSE RESOLUTION NO. 13 by Representative Kerttula:                                                 
                                                                                                    
      Relating to the recognition of January 29 as Thomas Paine Day.                               
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 236                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 236 by                                                        
Representative Kerttula, entitled:                                                                  
                                                                                                    
     "An Act prohibiting unfair discrimination against an                                           
     acupuncturist; and amending the definition of 'provider' as it                                 

2006-01-30                     House Journal                      Page 2383
     relates to authorized collective negotiations by physicians                                    
     affecting the rights of providers under health benefit plans."                                 
                                                                                                    
was read the first time and referred to the State Affairs and Labor &                               
Commerce Committees.                                                                                
                                                                                                    
HB 407                                                                                            
HOUSE BILL NO. 407 by the House Rules Committee by request of                                       
the Legislative Budget and Audit Committee, entitled:                                               
                                                                                                    
     "An Act extending the termination date for the Board of                                        
     Examiners in Optometry; amending the licensing endorsement                                     
    provisions for optometrists; and providing for an effective date."                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
HB 408                                                                                            
HOUSE BILL NO. 408 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the definition of 'child abuse and neglect' for                            
     child protection purposes; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
The Governor's transmittal letter dated January 27, 2006, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the definition of "child abuse and                                  
neglect" for child protection purposes.                                                             
                                                                                                    

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This bill would clarify that the definition "child" includes an infant                              
who has been identified by a health care provider involved in the                                   
delivery or care of that infant as being affected by abuse of a                                     
controlled substance or from withdrawal from prenatal exposure to a                                 
controlled substance.  The purpose of the bill is to ensure that health                             
care professionals report such infants to the Department of Health and                              
Social Services under the state's mandatory reporting laws for child                                
abuse and neglect.  This provision is necessary to be in compliance                                 
with federal law as a condition of continued federal funding for child                              
abuse and neglect prevention and treatment.                                                         
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 409                                                                                            
HOUSE BILL NO. 409 by Representative Lynn, entitled:                                                
                                                                                                    
     "An Act relating to excluding qualified real estate licensees from                             
     workers' compensation coverage."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 410                                                                                            
HOUSE BILL NO. 410 by the House Rules Committee by request of                                       
the Legislative Council, entitled:                                                                  
                                                                                                    
     "An Act making corrective amendments to the Alaska Statutes as                                 
     recommended by the revisor of statutes; and providing for an                                   
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 411                                                                                            
HOUSE BILL NO. 411 by Representative Gara, entitled:                                                
                                                                                                    

2006-01-30                     House Journal                      Page 2385
     "An Act relating to school district personnel and salary                                       
     enhancement for teachers who obtain master's degrees;                                          
     establishing a supplemental income tax on oil revenue to support                               
     school district personnel; and creating an account titled 'Resource                            
     Revenue for Teachers' in the general fund."                                                    
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 412                                                                                            
HOUSE BILL NO. 412 by Representatives Ramras and Stoltze,                                           
entitled:                                                                                           
                                                                                                    
     "An Act relating to the waiver of undergraduate expenses for a                                 
     spouse or dependent of a deceased resident peace officer or                                    
     member of the armed services or fire department."                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HJR 7                                                                                             
Representative Weyhrauch moved and asked unanimous consent to                                       
change his recommendation on the Finance Committee report (page                                     
2317) from "do pass" to "no recommendation" on the following:                                       
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 7                                                                   
     Proposing amendments to the Constitution of the State of Alaska                                
     to correct obsolete references to the office of secretary of state by                          
     substituting references to the office of lieutenant governor.                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
HB 212                                                                                            
Representative Kohring removed his name as cosponsor to:                                            
                                                                                                    

2006-01-30                     House Journal                      Page 2386
     HOUSE BILL NO. 212                                                                             
     "An Act relating to exemptions from municipal property taxes for                               
    certain primary residences; and providing for an effective date."                              
                                                                                                    
HB 312                                                                                            
Representative Crawford removed his name as cosponsor to:                                           
                                                                                                    
     HOUSE BILL NO. 312                                                                             
     "An Act relating to pregnant women; requiring hospitals, schools,                              
     and alcohol licensees and permittees to distribute information                                 
     about fetal alcohol effects and fetal alcohol syndrome; relating to                            
     the consumption of alcoholic beverages by and the sale or service                              
     of alcoholic beverages to a pregnant woman; requiring involuntary                              
     commitment of a pregnant woman who has consumed alcohol;                                       
     creating a fund for the prevention and treatment of fetal alcohol                              
     syndrome and fetal alcohol effects; relating to fines and to the                               
     taking of permanent fund dividends for selling or serving                                      
     alcoholic beverages to pregnant women; and increasing taxes on                                 
     sales of alcoholic beverages to fund treatment and education                                   
     related to fetal alcohol syndrome and fetal alcohol effects."                                  
                                                                                                    
HB 314                                                                                            
Representatives Anderson and Wilson added their names as                                            
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 314                                                                             
    "An Act relating to defense of self, other persons, and property."                             
                                                                                                    
HB 343                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 343                                                                             
     "An Act relating to harassment."                                                               
                                                                                                    
HB 379                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 379                                                                             
     "An Act relating to controlled substances."                                                    
                                                                                                    

2006-01-30                     House Journal                      Page 2387
HB 396                                                                                            
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
     HOUSE BILL NO. 396                                                                             
     "An Act establishing the Alaska Commission on Health Care; and                                 
     providing for an effective date."                                                              
                                                                                                    
HB 399                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 399                                                                             
     "An Act establishing the office of elder fraud and assistance; and                             
     relating to fraud involving older Alaskans."                                                   
                                                                                                    
HB 400                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 400                                                                             
     "An Act relating to disasters and confiscation of firearms."                                   
                                                                                                    
                              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., February 1, 2006.  There being no                                   
objection, the House adjourned at 11:42 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk