Legislature(2005 - 2006)
2006-02-10 House Journal
Full Journal pdf2006-02-10 House Journal Page 2477 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday February 10, 2006 Thirty-third Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:25 a.m. Roll call showed 36 members present. Representatives Dahlstrom, Kohring, and Seaton had been previously excused from a call of the House today. 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 McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Almighty and eternal God, so draw our hearts to you, so guide our minds, so fill our imaginations, so control our wills, that we may be wholly yours, utterly dedicated to you; and then use us, we pray, as you will, and always to your glory and the welfare of your people. (The Book of Common Prayer) Let us be united; Let us speak in harmony; Let our minds apprehend alike. Common be our prayer, Common be the end of our assembly; Common be our resolution; Common be our deliberations. 2006-02-10 House Journal Page 2478 Alike be our feelings; Unified be our hearts; Common be our intentions; Perfect be our unity. --Amen (World Prayers) The Pledge of Allegiance was led by Representative Salmon. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 31st and 32nd legislative days and House and Senate Joint Journal Supplement No. 11 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 149 A message dated February 9, 2006, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 149(FIN) am "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S (ct rule fld S) (same title) 2006-02-10 House Journal Page 2479 The President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Seekins, Chair Senator Bunde Senator French The House members of the Conference Committee are Representatives Coghill (Chair), Stoltze, and Crawford (page 2405). Messages dated February 8 and 9, 2006, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 54 CS FOR SENATE BILL NO. 54(FIN) by the Senate Finance Committee, entitled: "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." was read the first time and referred to the Judiciary and Finance Committees. SB 55 CS FOR SENATE BILL NO. 55(FIN) by the Senate Finance Committee, entitled: 2006-02-10 House Journal Page 2480 "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land." was read the first time and referred to the Resources and Finance Committees. SB 85 SENATE BILL NO. 85 by Senators Seekins, Bunde, and Therriault, entitled: "An Act repealing the ban on the use of certain off-road vehicles within five miles of the right-of-way of the James Dalton Highway; and providing for an effective date." was read the first time and referred to the Transportation and Resources Committees. A Senate letter of intent was attached (Senate Journal page 900). SB 224 SENATE BILL NO. 224 by Senators Gary Stevens, Ellis, Wilken, Dyson, Kookesh, Seekins, Wagoner, Bunde, and Cowdery, entitled: "An Act establishing Older Alaskans' Day." was read the first time and referred to the State Affairs Committee. SB 236 CS FOR SENATE BILL NO. 236(FIN) by the Senate Finance Committee, entitled: "An Act relating to subsidiary corporations of the Alaska Housing Finance Corporation and to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date." was read the first time and referred to the Finance Committee. 2006-02-10 House Journal Page 2481 REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Craig Baker Ms. Linda L. Gillam Black Ms. Bonnie C. Gaborik as members of the Professional Teaching Practices Commission. The reports were signed by Representative Wilson, Chair; and Representatives Gatto, Anderson, Gardner, and Cissna. The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Johnny Floyd Mr. Daniel J. Rozema Ms. Elaine R. Williamson as members of the Alaska State Board of Public Accountancy. Ms. Shirley A. Gifford as a member of the Alcoholic Beverage Control Board. Mr. Terry Gorlick Mr. Burdett B. Lent Mr. Daniel E. Walsh as members of the State Board of Registration for Architects, Engineers, and Land Surveyors. Dr. Gregory M. Culbert Dr. Rosemary E. Zimmerman as members of the Board of Chiropractic Examiners. 2006-02-10 House Journal Page 2482 Mr. Matthew R. McSorley as a member of the Alaska Labor Relations Agency. Ms. Vivian C. Finlay Mr. Curtis C. Schlosser Ms. Dorothy (Dottie) Vanmeter Stanton Ms. Patricia A. White as members of the Board of Marital and Family Therapy. Ms. Barbara Norton Ms. Holly M. Steiner as members of the Board of Certified Direct-Entry Midwives. Ms. JoAnne Bell-Graves as a member of the Board of Nursing. Dr. Dennis A. Swarner as a member of the Board of Examiners in Optometry. Mr. Julius S. Brecht as a member of the State Physical Therapy and Occupational Therapy Board. Mr. Steve MacSwain Mr. Richard (Butch) D. Olmstead as members of the Board of Certified Real Estate Appraisers. Mr. Timothy J. Worthen as a member of the Real Estate Commission. 2006-02-10 House Journal Page 2483 Mr. John Giuchici Ms. Kristin S. Knudsen Mr. Jim E. Robison Mr. Marc D. Stemp Mr. Philip E. Ulmer as members of the Workers' Compensation Appeals Commission. Mr. Raymond (Scott) S. Bridges Mr. Stephen T. Hagedorn Ms. Linda F. Hutchings Mr. David (Dave) B. Robinson as members of the Alaska Workers' Compensation Board. The reports were signed by Representative Anderson, Chair; and Representatives Rokeberg, Guttenberg, LeDoux, Kott, Lynn, and Crawford. HB 245 The Finance Committee has considered: HOUSE BILL NO. 245 "An Act relating to registration and license plate fees for Purple Heart recipients, prisoners of war, Congressional Medal of Honor recipients, and spouses of current prisoners of war." and recommends it be replaced with: CS FOR HOUSE BILL NO. 245(FIN) "An Act relating to motor vehicle registration plates and fees for Purple Heart recipients and Congressional Medal of Honor recipients; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (6): Stoltze, Kerttula, Moses, Holm, Foster, Meyer 2006-02-10 House Journal Page 2484 No recommendation (2): Kelly, Weyhrauch Amend (1): Hawker The following fiscal note(s) apply to CSHB 245(FIN): 2. Fiscal, Dept. of Administration HB 245 was referred to the Rules Committee for placement on the calendar. HB 274 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274 "An Act relating to the practice of accounting; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274(FIN) (same title) The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (9): Hawker, Foster, Stoltze, Kerttula, Joule, Moses, Weyhrauch, Holm, Meyer No recommendation (1): Kelly The following fiscal note(s) apply to CSSSHB 274(FIN): 1. Zero, Dept. of Commerce, Community & Economic Development SSHB 274 was referred to the Rules Committee for placement on the calendar. 2006-02-10 House Journal Page 2485 HB 318 The Finance Committee has considered: HOUSE BILL NO. 318 "An Act limiting the exercise of eminent domain." and recommends it be replaced with: CS FOR HOUSE BILL NO. 318(FIN) "An Act limiting the exercise of eminent domain; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (2): Hawker, Meyer No recommendation (3): Kerttula, Joule, Weyhrauch Amend (3): Stoltze, Holm, Foster The following fiscal note(s) apply to CSHB 318(FIN): 1. Zero, Dept. of Commerce, Community & Economic Development 2. Zero, Dept. of Environmental Conservation 3. Indeterminate, Dept. of Law 4. Indeterminate, Dept. of Natural Resources 5. Indeterminate, Dept. of Transportation & Public Facilities HB 318 was referred to the Rules Committee for placement on the calendar. HB 321 The Judiciary Committee has considered: HOUSE BILL NO. 321 "An Act relating to high risk operation of a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance and to refusal to submit to a chemical test." 2006-02-10 House Journal Page 2486 and recommends it be replaced with: CS FOR HOUSE BILL NO. 321(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Anderson, McGuire No recommendation (4): Gara, Coghill, Kott, Wilson The following fiscal note(s) apply to CSHB 321(JUD): 1. Zero, Dept. of Public Safety 2. Indeterminate, Dept. of Law HB 321 was referred to the Finance Committee. HB 349 The State Affairs Committee has considered: HOUSE BILL NO. 349 "An Act relating to legislator salary and benefits; establishing the Citizens' Commission on Legislative Salary and Benefits and defining its powers and duties and abolishing the State Officers Compensation Commission; and providing for an effective date by repealing secs. 9 and 12, ch. 124, SLA 1986." and recommends it be replaced with: CS FOR HOUSE BILL NO. 349(STA) (same title) The report was signed by Representative Gatto, Vice Chair, with the following individual recommendations: Do pass (2): Gardner, Gruenberg 2006-02-10 House Journal Page 2487 No recommendation (3): Lynn, Elkins, Gatto The following fiscal note(s) apply to CSHB 349(STA): 1. Fiscal, Legislative Agency HB 349 was referred to the Finance Committee. HB 363 The Judiciary Committee has considered: HOUSE BILL NO. 363 "An Act increasing the number of superior court judges designated for the third judicial district, to provide additional superior court judges at Anchorage, Palmer, and Kenai; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Kott, McGuire No recommendation (3): Gara, Coghill, Wilson The following fiscal note(s) apply: 2. Fiscal, Alaska Court System 3. Fiscal, Office of the Governor HB 363 was referred to the Finance Committee. HB 378 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 378 "An Act designating a representative of Chilkat Snowburners, Inc. as an ex officio member of the Alaska Chilkat Bald Eagle Preserve Advisory Council and removing the mayor of the City of Haines as an ex officio member of the council." 2006-02-10 House Journal Page 2488 and recommends it be replaced with: CS FOR HOUSE BILL NO. 378(CRA) "An Act designating a representative of a Haines nonprofit recreational group as an ex officio member of the Alaska Chilkat Bald Eagle Preserve Advisory Council and removing the mayor of the City of Haines as an ex officio member of the council." The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: Do pass (2): Neuman, Thomas No recommendation (4): Cissna, Kott, Salmon, Olson Amend (1): LeDoux The following fiscal note(s) apply to CSHB 378(CRA): 1. Zero, Dept. of Natural Resources HB 378 was referred to the Resources Committee. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Fisheries has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Bruce C. Twomley as a member of the Alaska Commercial Fisheries Entry Commission (CFEC). The report was signed by Representatives LeDoux and Thomas, Co- chairs; and Representatives Harris, Kapsner, Salmon, Elkins, and Wilson. 2006-02-10 House Journal Page 2489 The House Special Committee on Fisheries has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Jeremiah D. Campbell as a member of the Board of Fisheries. The report was signed by Representatives LeDoux and Thomas, Co- chairs; and Representatives Kapsner, Wilson, and Salmon. HB 354 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 354 "An Act relating to qualifications of the adjutant general; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 354(MLV) "An Act relating to qualifications of the adjutant general." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Thomas, Cissna, Elkins, Lynn The following fiscal note(s) apply to CSHB 354(MLV): 1. Zero, Office of the Governor 2. Zero, Dept. of Military & Veterans' Affairs HB 354 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 2006-02-10 House Journal Page 2490 Honoring - Kaylan Banks, Winner of the 'Highlights' Magazine Contest By Representative Joule Honoring - Al Parrish, Alaska Business Junior Achievement Hall of Fame By Senator Ellis; Representative McGuire Honoring - Juneau's Alaska National Guard By Senator Elton; Representatives Kerttula, Weyhrauch In Memoriam - Judith Ann George By Representatives Kerttula, Weyhrauch; Senator Elton In Memoriam - Stephen P. "Butch" Freeman By Representative Elkins In Memoriam - Representative Alvin Osterback By Representative Moses In Memoriam - Ronald Herbert Bitzer By Representative Rokeberg In Memoriam - James "Jim" Campbell By Senator Ellis; Representative Gara INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 32 HOUSE JOINT RESOLUTION NO. 32 by Representatives Coghill and Lynn: Proposing an amendment to the section of the Constitution of the State of Alaska relating to marriage. was read the first time and referred to the Judiciary and Finance Committees. 2006-02-10 House Journal Page 2491 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 57 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 57 by Representatives Weyhrauch, Elkins, and Thomas, entitled: "An Act relating to the sale of certain state land to adjacent landowners." was read the first time and referred to the Resources and Finance Committees. HB 439 HOUSE BILL NO. 439 by Representative Coghill, entitled: "An Act relating to authorizing the state to join with other states entering into the Interstate Insurance Product Regulation Compact and authorizing the compact to supersede existing statutes by approving standards, rules, or other action under the terms of the compact." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 440 HOUSE BILL NO. 440 by Representative Anderson, entitled: "An Act relating to requiring motor vehicle insurers to submit insurance information to the Department of Administration to monitor compliance with mandatory motor vehicle insurance requirements; setting a fee for administration of the program; limiting the use of information provided; and establishing penalties." was read the first time and referred to the State Affairs and Finance Committees. 2006-02-10 House Journal Page 2492 HB 441 HOUSE BILL NO. 441 by Representative Rokeberg, entitled: "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to mitigating factors in sentencing; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 442 HOUSE BILL NO. 442 by Representative Weyhrauch, entitled: "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability of health care providers and institutions; relating to an individual's capacity for making health care decisions; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 266 The Speaker stated that, without objection, the following, which had been advanced to third reading from the February 8, 2006, calendar (page 2470), would be returned to the Finance Committee: CS FOR HOUSE BILL NO. 266(TRA) "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 actions; amending Rule 43.6, Alaska Rules of Administration; and providing for an effective date." 2006-02-10 House Journal Page 2493 LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Michael J. Shibe By Representatives Rokeberg, Harris, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Stoltze, Thomas, Wilson UNFINISHED BUSINESS Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Berkowitz - from 7:00 p.m., February 10 to 10:00 a.m., plane time, February 13, 2006 Representative Holm - from 7:00 p.m., February 10 to 10:00 a.m., plane time, February 13, 2006 Representative Ramras - from 7:00 p.m., February 10 to 10:00 a.m., plane time, February 13, 2006 Representative Gara - from 7:00 a.m., February 11 to 10:00 a.m., plane time, February 13, 2006 Representative LeDoux - from 7:00 a.m., February 11 to 10:00 a.m., plane time, February 13, 2006 Representative Rokeberg - from 6:00 p.m., February 10 to 10:00 a.m., plane time, February 14, 2006 The Speaker appointed Representative Lynn to the Homeland Security and Emergency Management Subcommittee (AS 24.20.680) under the Joint Armed Services Committee established by AS 24.20.650. 2006-02-10 House Journal Page 2494 HJR 30 Representative Kerttula added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 30 Relating to public health and a prevention compact. HB 31 Representative Ramras added his name as cosponsor 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 318 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 318 "An Act limiting the exercise of eminent domain." HB 343 Representative Anderson added his name as cosponsor to: HOUSE BILL NO. 343 "An Act relating to harassment." HB 395 Representatives LeDoux and Gruenberg added their names as cosponsors to: HOUSE BILL NO. 395 "An Act extending the period of the fire season." HB 399 Representative Kapsner added her name as cosponsor to: HOUSE BILL NO. 399 "An Act establishing the office of elder fraud and assistance; and relating to fraud involving older Alaskans." 2006-02-10 House Journal Page 2495 HB 413 Representative Gruenberg added his name as cosponsor 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 429 Representative Kerttula 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." SB 224 Representatives Kerttula, Gruenberg, Neuman, Stoltze, and Lynn added their names as cross sponsors to: SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Personal Bill Deadline 9:00 a.m., 2/13 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 13, 2006. There being no objection, the House adjourned at 11:01 a.m. Suzi Lowell Chief Clerk