Legislature(2005 - 2006)

2006-02-08 House Journal

Full Journal pdf

2006-02-08                     House Journal                      Page 2451
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                  Wednesday              February 8, 2006                           
                                                                                                    
                             Thirty-first Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:09 a.m.                                                                                
                                                                                                    
                                                                                                    
Roll call showed 34 members present.  Representatives Croft,                                        
Kohring, and Seaton had been previously excused from a call of the                                  
House today.  Representative Weyhrauch was absent and his presence                                  
was noted later.  Representative Samuels was absent.                                                
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Chenault be excused from a call of the House today.                                  
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Kathleen                                   
Wakefield of Church of the Holy Trinity.  Representative Dahlstrom                                  
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
       This is a prayer written by the famous monk, Thomas Merton,                                 
     one that I find particularly appropriate at times in my life.                                  
                                                                                                    
                               My Lord God,                                                        
                                                                                                    
                     I have no idea where I am going                                               
                    I do not see the road ahead of me.                                             
               I cannot know for certain where it will end.                                        
                                                                                                    

2006-02-08                     House Journal                      Page 2452
                       Nor do I really know myself,                                                
                 And the fact that I think I am following                                          
                    your will does not mean that I am                                              
                            actually doing so.                                                     
                                                                                                    
                 But I believe that the desire to please                                           
                       you does in fact please you.                                                
                And I hope that I have that desire in all                                          
                             that I am doing.                                                      
                    And I know that if I do this, you                                              
                      will lead me by the right road                                               
                   though I may know nothing about it.                                             
                                                                                                    
                    Therefore will I trust you always                                              
                       though I may seem to be lost                                                
                    and in the shadow of death, I will                                             
                    not fear, for you are ever with me                                             
                       and you will never leave me                                                 
                         to face my perils alone.                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Meyer.                                           
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 29th and 30th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
The Speaker stated that the House would stand at ease; and so, the                                  
House stood at ease at 10:22 a.m.                                                                   
                                                                                                    
                                                                                                    
                              AFTER AT EASE                                                      
                                                                                                    
The Speaker called the House back to order at 10:39 a.m.                                            
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    

2006-02-08                     House Journal                      Page 2453
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
HR 11                                                                                             
A message dated February 6, 2006, was read stating the Governor has                                 
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
     HOUSE RESOLUTION NO. 11                                                                        
     Relating to amending House Resolution 8 pertaining to the House                                
     Task Force on Alaska Gaming Policy.                                                            
                                                                                                    
     House Resolve No. 11                                                                           
                                                                                                    
HCR 13                                                                                            
A message dated February 6, 2006, was read stating the Governor has                                 
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(RES)                                                 
     Expressing the legislature's support for the construction of a                                 
     natural gas spur pipeline between Fairbanks and the Nenana Basin                               
     and Southcentral Alaska, commending the interest and initiative of                             
     the sponsors of that project, and encouraging the appropriate state                            
     resource agencies to lend support to those efforts.                                            
                                                                                                    
     Legislative Resolve No. 29                                                                     
                                                                                                    
HCR 18                                                                                            
A message dated February 6, 2006, was read stating the Governor has                                 
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 18                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 174,                                  
     excluding certain trucks from the definition of "passenger vehicle"                            
     for purposes of the passenger vehicle rental tax.                                              
                                                                                                    
     Legislative Resolve No. 28                                                                     

2006-02-08                     House Journal                      Page 2454
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
SB 164                                                                                            
A message dated February 6, 2006, was read stating the Senate has                                   
concurred in the House amendment to CSSB 164(FIN), thus adopting:                                   
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 164(RLS)                                                   
     "An Act relating to the salmon product development tax credit;                                 
     providing for an effective date by amending an effective date in                               
     sec. 7, ch. 57, SLA 2003; and providing for an effective date."                               
                                                                                                    
HB 81                                                                                             
A message dated February 6, 2006, was read stating the Senate has                                   
passed CSHB 81(L&C) with the following amendment and it is                                          
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD)                                                    
     "An Act establishing an administrative fine and procedure for                                  
     construction contractors in certain circumstances; increasing the                              
     amount of a civil penalty for persons acting in the capacity of                                
     contractors or home inspectors; modifying the elements of a crime                              
     involving contractor registration and residential contractors;                                 
     modifying the exemptions from regulation under AS 08.18 for                                    
     contractors; and exempting the administrative hearings for                                     
     imposing an administrative fine on construction contractors from                               
     the hearings conducted by the office of administrative hearings in                             
     the Department of Administration."                                                             
                                                                                                    
CSHB 81(L&C) is under Unfinished Business.                                                          
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
SB 130                                                                                            
Pursuant to:                                                                                        
                                                                                                    
     FREE CONFERENCE CS FOR SENATE BILL NO. 130                                                     
     (efd pfld H)                                                                                   
     "An Act relating to workers' compensation and to assigned risk                                 
     pools; relating to the Alaska Insurance Guaranty Association;                                  
     establishing the Task Force on Workers' Compensation; amending                                 

2006-02-08                     House Journal                      Page 2455
     Rule 45, Alaska Rules of Civil Procedure; and providing for an                                 
     effective date."                                                                               
                                                                                                    
The following was received:                                                                         
                                                                                                    
Task Force on Workers' Compensation                                                                 
Final Report                                                                                        
February 7, 2006                                                                                    
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 335                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 335                                                                             
     "An Act creating the Alaska energy research and development                                    
     program in the Alaska Energy Authority and providing for a                                     
     Committee on Alaska Energy Research and Development to assist                                  
     in the development of that program; and providing for an effective                             
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 335(L&C)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Crawford, Guttenberg                                                                  
                                                                                                    
Do not pass (1):  Rokeberg                                                                          
                                                                                                    
No recommendation (4):  Lynn, Kott, LeDoux, Anderson                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 335(L&C):                                                
                                                                                                    
1. Zero, Dept. of Natural Resources                                                                 
2. Fiscal, Dept. of Commerce, Community & Economic Development                                      

2006-02-08                     House Journal                      Page 2456
3. Fiscal, Dept. of Commerce, Community & Economic Development                                      
                                                                                                    
HB 335 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 360                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 360                                                                             
     "An Act relating to the regulation of public accommodation water                               
     supply systems."                                                                               
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Elkins, Ramras                                                                        
                                                                                                    
No recommendation (5):  Gatto, Olson, LeDoux, Crawford, Samuels                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 360 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 379                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 379                                                                             
     "An Act relating to controlled substances."                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 379(JUD)                                                                 
     "An Act relating to scheduling as a Schedule IA controlled                                     
     substance gamma-hydroxybutyric acid and certain similar                                        
     substances."                                                                                   
                                                                                                    

2006-02-08                     House Journal                      Page 2457
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Kott, McGuire                                                                 
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 379(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 379 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 380                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 380                                                                             
     "An Act relating to the powers and duties of the commissioner of                               
     environmental conservation; relating to animals, animal products,                              
     agricultural products, and the transportation of animals and animal                            
     products; relating to the employment, appointment, and duties of a                             
     state veterinarian by the commissioner of environmental                                        
     conservation; relating to the powers of the commissioner of                                    
     natural resources regarding agricultural products; and providing                               
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 380(RES)                                                                 
     "An Act relating to the powers and duties of the commissioner of                               
     environmental conservation; relating to animals, animal products,                              
     agricultural products, and the transportation of animals and animal                            
     products; relating to the employment, appointment, and duties of a                             
     state veterinarian by the commissioner of environmental                                        
     conservation; relating to the powers of the commissioner of                                    
     natural resources regarding agricultural products; relating to                                 
     animal rabies prevention and control; and providing for an                                     
     effective date."                                                                               
                                                                                                    

2006-02-08                     House Journal                      Page 2458
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Gatto, Olson, Elkins, LeDoux, Crawford, Samuels,                                      
Ramras                                                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 380(RES):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 380 was referred to the Finance Committee.                                                       
                                                                                                    
HB 393                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 393                                                                             
     "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."                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 393(L&C)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, LeDoux, Guttenberg, Anderson                                          
                                                                                                    
No recommendation (1):  Kott                                                                        
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 393(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
HB 393 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    

2006-02-08                     House Journal                      Page 2459
HB 395                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 395                                                                             
     "An Act extending the period of the fire season."                                              
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Gatto, Elkins, LeDoux, Crawford, Olson, Ramras                                        
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 395 was referred to the Finance Committee.                                                       
                                                                                                    
HB 399                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 399                                                                             
     "An Act establishing the office of elder fraud and assistance; and                             
     relating to fraud involving older Alaskans."                                                   
                                                                                                    
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Lynn                                                                                  
                                                                                                    
No recommendation (1):  Gruenberg                                                                   
                                                                                                    
Amend (3):  Gardner, Gatto, Elkins                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 399 was referred to the Finance Committee.                                                       
                                                                                                    

2006-02-08                     House Journal                      Page 2460
SB 172                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     SENATE BILL NO. 172                                                                            
     "An Act relating to the presentation of initiatives and referenda on                           
     the ballot."                                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 172(JUD)                                                          
     "An Act relating to the presentation of initiatives and referenda on                           
     the ballot; and providing for an effective date."                                              
                                                                                                    
     (technical title change)                                                                       
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Coghill, Wilson, Anderson, Kott, Gruenberg, McGuire                                   
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS SB 172(JUD):                                              
                                                                                                    
2.  Zero, Office of the Governor                                                                    
                                                                                                    
SB 172 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HCR 25                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 25                                                             
     Supporting consistent regulation of district and statewide                                     
     correspondence programs; and encouraging the Department of                                     
     Education and Early Development to remove student allotment                                    
     restrictions on all correspondence students.                                                   
                                                                                                    

2006-02-08                     House Journal                      Page 2461
The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Lynn, Neuman                                                                          
                                                                                                    
No recommendation (4):  Salmon, Gatto, Gara, Wilson                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HCR 25 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 375                                                                                            
The House Special Committee on Ways & Means has considered:                                         
                                                                                                    
     HOUSE BILL NO. 375                                                                             
     "An Act relating to the retirement benefit liability account and                               
     appropriations from that account; relating to deposits of certain                              
     income earned on money received as a result of State v. Amerada                                
     Hess, et al., 1JU-77-847 Civ. (Superior Court, First Judicial                                  
     District); and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 375(W&M)                                                                 
     "An Act relating to the retirement benefit liability account and                               
     appropriations from that account; and providing for an effective                               
     date."                                                                                         
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Gruenberg, Weyhrauch                                                          
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 375(W&M):                                                
                                                                                                    

2006-02-08                     House Journal                      Page 2462
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 375 was referred to the State Affairs Committee.                                                 
                                                                                                    
HB 382                                                                                            
The House Special Committee on Economic Development, Trade, &                                       
Tourism has considered:                                                                             
                                                                                                    
     HOUSE BILL NO. 382                                                                             
     "An Act relating to recorking, sealing, or packaging of wine                                   
     served with a meal and removal of recorked, sealed, or packaged                                
     wine from licensed premises."                                                                  
                                                                                                    
The report was signed by Representatives Neuman and Ramras, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Coghill, Lynn, Crawford, Neuman, Ramras                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 382 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Michael J. Shibe                                                                      
By Representative Rokeberg                                                                          
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 30                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 30 by Representatives                                               
Joule, Berkowitz, and Kerttula:                                                                     
                                                                                                    

2006-02-08                     House Journal                      Page 2463
         Creating an Alaska Climate Impact Assessment Commission.                                  
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HJR 31                                                                                            
HOUSE JOINT RESOLUTION NO. 31 by Representatives                                                    
Weyhrauch, Kerttula, Holm, Lynn, Gardner, Neuman, and Salmon:                                       
                                                                                                    
     Relating to designating September 9, 2006, as Fetal Alcohol                                    
     Spectrum Disorders Awareness Day.                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 432                                                                                            
HOUSE BILL NO. 432 by Representatives Salmon and Foster,                                            
entitled:                                                                                           
                                                                                                    
     "An Act expanding the Alaska marine highway system to Yukon                                    
     River locations."                                                                              
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
HB 433                                                                                            
HOUSE BILL NO. 433 by Representative Thomas, entitled:                                              
                                                                                                    
     "An Act relating to appropriations from the Alaska capital income                              
     fund to the major maintenance grant fund."                                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 434                                                                                            
HOUSE BILL NO. 434 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    

2006-02-08                     House Journal                      Page 2464
     "An Act authorizing the commissioner of transportation and                                     
     public facilities to participate in certain federal highway programs                           
     and relating to that authorization; relating to powers of the                                  
     attorney general to waive immunity from suit in federal court                                  
     related to those programs; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Transportation, Judiciary,                              
and Finance Committees.                                                                             
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
2.  Fiscal, Dept. of Transportation & Public Facilities                                             
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 7, 2006, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would authorize the Alaska Department of                                   
Transportation and Public Facilities to assume certain federal                                      
programmatic and environmental responsibilities as provided for by                                  
the United States Congress in the Safe, Accountable, Flexible,                                      
Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-                                  
LU), P.L. 109-59.  A prerequisite to assumption of the duties is that                               
the State of Alaska agree to a waiver of immunity to suit in federal                                
court for those duties specifically assumed from the United States                                  
Department of Transportation.                                                                       
                                                                                                    
                                                                                                    
Under the recent SAFETEA-LU amendments, the State of Alaska is                                      
one of only five named states with the opportunity to participate in a                              
so-called "pilot program" for assumption of duties and responsibilities                             
under 23 U.S.C. 327 (National Environmental Policy Act of 1969).                                    
This bill provides a unique opportunity for the State of Alaska to have                             
more direct involvement, and control, in the planning and decision-                                 
making process involved with many public projects.                                                  
                                                                                                    

2006-02-08                     House Journal                      Page 2465
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 435                                                                                            
HOUSE BILL NO. 435 by Representatives Kapsner, Berkowitz,                                           
Kerttula, and Gara, entitled:                                                                       
                                                                                                    
     "An Act directing the Department of Military and Veterans'                                     
     Affairs to determine the number of first responders needed for                                 
     various purposes; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs and Finance                                      
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 436                                                                                            
HOUSE BILL NO. 436 by Representatives Gara, Berkowitz, Kerttula,                                    
and Cissna, entitled:                                                                               
                                                                                                    
     "An Act requiring the Department of Health and Social Services                                 
     to employ a sufficient number of social workers; relating to the                               
     protection of children in need of aid by reducing the caseloads and                            
     supervisory duties to comply with certain national standards; and                              
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 437                                                                                            
HOUSE BILL NO. 437 by Representative Guttenberg, entitled:                                          
                                                                                                    
     "An Act relating to information from veterans on the permanent                                 
     fund dividend application form."                                                               
                                                                                                    

2006-02-08                     House Journal                      Page 2466
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
HB 438                                                                                            
HOUSE BILL NO. 438 by Representative Ramras, entitled:                                              
                                                                                                    
     "An Act relating to initiative, referendum, and recall petitions; and                          
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
The Speaker stated that the House would stand at ease to allow                                      
members of the Senate to enter the Chamber; and so, the House stood                                 
at ease at 10:54 a.m.                                                                               
                                                                                                    
                                                                                                    
                              AFTER AT EASE                                                      
                                                                                                    
The Speaker called the House back to order at 11:09 a.m.                                            
                                                                                                    
                        JOINT SESSION IN THE HOUSE                                               
                                                                                                    
In accordance with Uniform Rule 51, Speaker Harris turned the gavel                                 
over to President Ben Stevens who called the joint session to order at                              
11:09 a.m.                                                                                          
                                                                                                    
The purpose of the joint session was to hear an address by the                                      
Honorable Alexander O. Bryner, Chief Justice of the Alaska Supreme                                  
Court and to consider the confirmation of House and Senate                                          
nomination of Victims' Advocate, Mary Anne Henry.                                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
There being no objection, it was so ordered.                                                        
                                                                                                    

2006-02-08                     House Journal                      Page 2467
Senator Gary Stevens moved and asked unanimous consent that the                                     
following appointment as victims' advocate (AS 24.65.020) be                                        
confirmed:                                                                                          
                                                                                                    
Victims' Advocate                                                                                 
 Mary Anne Henry                                                                                    
                                                                                                    
The question being:  "Shall Mary Anne Henry be confirmed as                                         
Victims' Advocate?"  The roll of the Senate was called with the                                     
following result:                                                                                   
                                                                                                    
Victims' Advocate                                                                                   
Confirm - Henry                                                                                     
SENATE                                                                                              
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                     
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens G, Wagoner,                                      
Wilken, Stevens B                                                                                   
                                                                                                    
Absent:  Green, Guess, Therriault                                                                   
                                                                                                    
                                                                                                    
The roll of the House was taken with the following result:                                          
                                                                                                    
                                                                                                    
Victims' Advocate                                                                                   
Confirm - Henry                                                                                     
HOUSE                                                                                               
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                                                     
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn,                                  
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Chenault, Croft, Kohring, Seaton                                                          
                                                                                                    
Absent:  Moses, Samuels, Weyhrauch                                                                  
                                                                                                    
TOTAL:  YEAS:  50   NAYS:  0   EXCUSED:  4   ABSENT:  6                                           
                                                                                                    

2006-02-08                     House Journal                      Page 2468
And so, Mary Anne Henry was confirmed as Victims' Advocate.                                         
                                                                                                    
President Ben Stevens appointed Representative Kerttula and Senator                                 
French to escort the Honorable Alexander O. Bryner to the joint                                     
session.                                                                                            
                                                                                                    
The Senate Sergeant-at-Arms announced the Chief Justice's entrance                                  
into the House Chamber.                                                                             
                                                                                                    
Chief Justice Bryner was escorted to the rostrum and welcomed by                                    
President Ben Stevens.                                                                              
                                                                                                    
The Chief Justice delivered his address and it is published in House                                
and Senate Joint Journal Supplement No. 11.                                                         
                                                                                                    
Chief Justice Bryner received a standing ovation and was escorted                                   
from the Chamber by Representative Kerttula and Senator French.                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
joint session adjourn.  There being no objection, President Ben                                     
Stevens adjourned the joint session at 11:43 a.m.                                                   
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                               IN THE HOUSE                                                      
                                                                                                    
The Speaker called the House back to order at 11:54 a.m.                                            
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 266                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 266                                                                             
     "An Act relating to offenses and penalties for violation of vehicle                            
     weight limitations; prohibiting the use of a violation of a vehicle                            
     weight limitation for certain personal automobile insurance                                    

2006-02-08                     House Journal                      Page 2469
     actions; amending Rule 43.6, Alaska Rules of Administration; and                               
     providing for an effective date."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 TRA RPT CS(TRA) 1DP 1NR 4AM                                         1077                           
 FN1: ZERO(CED)                                                      1077                           
 FN2: ZERO(DOT)                                                      1077                           
 FN3: INDETERMINATE(LAW)                                             1077                           
 JUD RPT CS(TRA) 1DP 4NR 1AM                                         1278                           
 FN1: ZERO(CED)                                                      1279                           
 FN2: ZERO(DOT)                                                      1279                           
 FN3: INDETERMINATE(LAW)                                             1279                           
 FIN RPT CS(FIN) NT 2DP 6NR                                          2361                           
 FN4: ZERO(CED)                                                      2362                           
 FN5: ZERO(DOT)                                                      2362                           
 FN6: INDETERMINATE(LAW)                                             2362                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 266(FIN)                                                                 
     "An Act relating to penalties for violation of vehicle weight                                  
     limitations; prohibiting the use of a violation of a vehicle weight                            
     limitation for certain personal automobile insurance actions;                                  
     amending Rule 43.6, Alaska Rules of Administration; and                                        
     providing for an effective date."                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall CSHB 266(FIN) be adopted in lieu of the                                 
original bill?"  The roll was taken with the following result:                                      
                                                                                                    
HB 266                                                                                              
Second Reading                                                                                      
Adopt Finance CS                                                                                    
                                                                                                    
YEAS:  11   NAYS:  22   EXCUSED:  4   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Harris, Hawker, Holm, Kelly, LeDoux, Meyer,                                        
Neuman, Ramras, Rokeberg, Stoltze                                                                   
                                                                                                    

2006-02-08                     House Journal                      Page 2470
Nays:  Berkowitz, Cissna, Coghill, Crawford, Dahlstrom, Elkins,                                     
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner,                                
Kerttula, Kott, Lynn, McGuire, Olson, Salmon, Thomas, Wilson                                        
                                                                                                    
Excused:  Chenault, Croft, Kohring, Seaton                                                          
                                                                                                    
Absent:  Moses, Samuels, Weyhrauch                                                                  
                                                                                                    
And so, CSHB 266(FIN) was not adopted.                                                              
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 266(TRA)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 266(TRA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
The Speaker stated that CSHB 266(TRA) will advance to third reading                                 
on the February 10, 2006, calendar.                                                                 
                                                                                                    
                                                                                                    
                           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 Dahlstrom - from 7:00 a.m., February 9 to 10:00 a.m.,                                
plane time, February 13, 2006                                                                       
                                                                                                    
Representative Samuels - from 5:00 p.m., February 9 to 10:00 a.m.,                                  
plane time, February 11, 2006                                                                       
                                                                                                    

2006-02-08                     House Journal                      Page 2471
HB 31                                                                                             
Representatives Kapsner and Elkins added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31                                                       
     "An Act relating to the presumption of coverage for a workers'                                 
     compensation claim for disability as a result of certain diseases for                          
     certain occupations."                                                                          
                                                                                                    
                                                                                                    
HB 242                                                                                            
Representative Guttenberg added his name as cosponsor to:                                           
                                                                                                    
     HOUSE BILL NO. 242                                                                             
     "An Act relating to the deposit of certain penalties collected under                           
     the unemployment insurance program; requiring an employing                                     
     unit with a change in ownership, management, or control to notify                              
     the Department of Labor and Workforce Development of the                                       
     ownership change; regarding the unemployment contribution rate                                 
     of an employing unit; and defining 'business' for purposes of                                  
     statutes setting unemployment contribution rates; establishing the                             
     crime of obtaining an unemployment rate by deception; and                                      
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
HB 353                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 353                                                                             
     "An Act relating to sentences for sexual offenses."                                            
                                                                                                    
HB 379                                                                                            
Representative Gruenberg added his name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 379                                                                             
     "An Act relating to controlled substances."                                                    
                                                                                                    
HB 395                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    

2006-02-08                     House Journal                      Page 2472
     HOUSE BILL NO. 395                                                                             
     "An Act extending the period of the fire season."                                              
                                                                                                    
HB 399                                                                                            
Representative Foster added his 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 413                                                                                            
Representatives Lynn and Olson added their names as cosponsors to:                                  
                                                                                                    
     HOUSE BILL NO. 413                                                                             
     "An Act relating to the burning capability of cigarettes being sold,                           
     offered for sale, or possessed for sale; and providing for an                                  
     effective date."                                                                               
                                                                                                    
HB 423                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 423                                                                             
     "An Act relating to the fees for business licenses; and providing                              
     for an effective date."                                                                        
                                                                                                    
HB 429                                                                                            
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
     HOUSE BILL NO. 429                                                                             
     "An Act reestablishing the Department of Community and                                         
     Regional Affairs; relating to the Department of Commerce,                                      
     Community, and Economic Development and to the membership                                      
     of various boards and commissions; and providing for an effective                              
     date."                                                                                         
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2006-02-08                     House Journal                      Page 2473
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 10, 2006.  There being no                                  
objection, the House adjourned at 12:10 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk