Legislature(2005 - 2006)

2006-02-22 House Journal

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2006-02-22                     House Journal                      Page 2603
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday            February 22, 2006                             
                                                                                                    
                            Forty-fifth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:07 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Elkins and                                    
Kelly had been previously excused from a call of the House today.                                   
Representatives Gara, Kerttula, and Samuels were absent and their                                   
presence was noted later.                                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House from                                   
11:40 a.m., today.  There being no objection, it was so ordered.                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor John Stevens of                                  
Resurrection Lutheran Church.  Representative LeDoux moved and                                      
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    With the deepest respect and honor for the religious beliefs of                                
    all Alaskans, I offer the following prayer.                                                     
                                                                                                    
    Gracious and Loving God,                                                                        
                                                                                                    
    Be present here today.  Move Your people - in action, in                                        
    boldness, in love.  Be with Your people - with grace, with                                      
    kindness, with compassion.  As we gather and make                                               
    decisions, remind us of Your love.  Amen.                                                       
                                                                                                    
The Pledge of Allegiance was led by Representative Thomas.                                          
                                                                                                    

2006-02-22                     House Journal                      Page 2604
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 44th legislative day and Senate and House Joint Journal                             
Supplement No. 12 be approved as certified by the Chief Clerk.  There                               
being no objection, it was so ordered.                                                              
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published in                                   
House Journal Supplement No. 4 and Senate and House Joint Journal                                   
Supplement No. 13.                                                                                  
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 334                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 334                                                                              
    "An Act relating to an exemption from and deferral of municipal                                 
    property taxes for certain types of deteriorated property."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 334(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Stoltze, Vice Chair, with the                               
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Weyhrauch, Foster                                                                     
                                                                                                    
No recommendation (5):  Hawker, Joule, Kerttula, Holm, Stoltze                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 334(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Office of the Governor/All Depts.                                                         
                                                                                                    

2006-02-22                     House Journal                      Page 2605
HB 334 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 236                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 236(FIN)                                                                 
    "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."                                                                                
                                                                                                    
The report was signed by Representatives Chenault and Meyer, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Hawker, Foster, Moses, Chenault, Meyer                                                
                                                                                                    
No recommendation (3):  Holm, Stoltze, Kerttula                                                     
                                                                                                    
Amend (1):  Weyhrauch                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
CSSB 236(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HJR 29                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 29                                                                   
    Urging the United States Department of Justice and the Alaska                                   
    Department of Law to identify all natural resource damages from                                 
    the Exxon Valdez oil spill that were unanticipated at the time of                               
    the 1991 settlement, to develop plans to remedy the damages, and                                
    to present the ExxonMobil Corporation with a request for the full                               
    $100,000,000 that is available through the "Reopener for                                        

2006-02-22                     House Journal                      Page 2606
    Unknown Injury" clause of the 1991 civil settlement to carry out                                
    these plans.                                                                                    
                                                                                                    
The report was signed by Representatives LeDoux and Thomas, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Harris, Wilson, LeDoux, Thomas                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Special Committee on Fisheries                                                      
                                                                                                    
HJR 29 was referred to the Resources Committee.                                                     
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 274                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274                                                       
    "An Act relating to the practice of accounting; and providing for                               
    an effective date."                                                                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 7DP                                              2416                              
 FN1: ZERO(CED)                                                   2416                              
 FIN RPT CS(FIN) 9DP 1NR                                          2484                              
 FN1: ZERO(CED)                                                   2484                              
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2006-02-22                     House Journal                      Page 2607
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    274(FIN)                                                                                        
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 274(FIN) be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSSHB 274(FIN) was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSSSHB 274(FIN) pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSSSHB 274(FIN)                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg,                                          
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
Excused:  Elkins, Kelly                                                                             
                                                                                                    
Absent:  Samuels                                                                                    
                                                                                                    
And so, CSSSHB 274(FIN) passed the House.                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSSHB 274(FIN) was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
HB 357                                                                                            
The following was read the second time:                                                             
                                                                                                    

2006-02-22                     House Journal                      Page 2608
    HOUSE BILL NO. 357                                                                              
    "An Act updating the terminology in statutes for persons with                                   
    disabilities; and providing for an effective date."                                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT CS(HES) 4DP 1NR                                          2394                              
 FN1: ZERO(HSS)                                                   2395                              
 FN2: ZERO(LWF)                                                   2395                              
 FIN RPT CS(FIN) 5DP 2NR 1AM                                      2557                              
 LETTER OF INTENT WITH FIN REPORT                                 2558                              
 FN1: ZERO(HSS)                                                   2558                              
 FN2: ZERO(LWF)                                                   2558                              
                                                                                                    
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. 357(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 357(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 357(FIN) was read the third time.                                                              
                                                                                                    
**The presence of Representative Samuels was noted.                                                 
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 357(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 357(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2006-02-22                     House Journal                      Page 2609
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux,                                    
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Nays:  Holm                                                                                         
                                                                                                    
Excused:  Elkins, Kelly                                                                             
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, CSHB 357(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the House Finance Committee letter of intent (page                                      
2558).  There being no objection, it was so ordered.                                                
                                                                                                    
CSHB 357(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 326                                                                                            
The following, which was advanced to third reading from the February                                
21, 2006, calendar (page 2591), was read the third time:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 326(JUD)                                                                  
    "An Act relating to the definition of the crime of harassment."                                
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
CSHB 326(JUD) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representatives Crawford and                                         
Meyer:                                                                                              
                                                                                                    

2006-02-22                     House Journal                      Page 2610
Page 1, line 15:                                                                                    
 Delete ", posts,"                                                                              
                                                                                                    
Page 2, line 1:                                                                                     
 Delete "depictions,"                                                                           
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall CSHB 326(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 326(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Excused:  Elkins, Kelly                                                                             
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, CSHB 326(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 393                                                                                            
The following, which was advanced to third reading from the February                                
21, 2006, calendar (page 2592), was read the third time:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 393(HES)                                                                  
    "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."                                     
                                                                                                    

2006-02-22                     House Journal                      Page 2611
The question being:  "Shall CSHB 393(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 393(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Dahlstrom,                                  
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Nays:  Coghill                                                                                      
                                                                                                    
Excused:  Elkins, Kelly                                                                             
                                                                                                    
Absent:  Croft, Kohring                                                                             
                                                                                                    
And so, CSHB 393(HES) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 393(HES) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
**Representative Berkowitz, who was excused (page 2603), left the                                   
Chamber.                                                                                            
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Elijah Hutchison, Michaela Hutchison                                                     
By Representatives Chenault, Harris, Anderson, Berkowitz, Cissna,                                   
Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg,                                        
Guttenberg, Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer,                                  
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                  
Thomas, Weyhrauch; Senator Wagoner                                                                  
                                                                                                    

2006-02-22                     House Journal                      Page 2612
In Memoriam - Patricia Mae Booi                                                                     
By Senator French; Representatives Berkowitz, Harris, Anderson,                                     
Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto,                                 
Gruenberg, Guttenberg, Joule, Kapsner, Kohring, Kott, LeDoux,                                       
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Samuels, Seaton, Thomas, Weyhrauch                                                                  
                                                                                                    
In Memoriam - Bill Bryson                                                                           
By Senator French; Representatives Croft, Harris, Anderson,                                         
Berkowitz, Chenault, Cissna, Crawford, Dahlstrom, Gara, Gardner,                                    
Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kohring, Kott,                                        
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                            
Salmon, Samuels, Seaton, Thomas, Weyhrauch                                                          
                                                                                                    
                                                                                                    
                          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 Kott - from 12:30 p.m., February 22 to 10:00 p.m.,                                   
plane time, February 26, 2006                                                                       
                                                                                                    
Representative Harris - from 7:00 p.m., February 22 to 10:00 p.m.,                                  
plane time, February 26, 2006                                                                       
                                                                                                    
Representative Gatto - from 7:00 p.m., February 22 to 10:00 p.m.,                                   
plane time, February 26, 2006                                                                       
                                                                                                    
Representative Dahlstrom - from 7:00 a.m., February 23 to 10:00 a.m.,                               
plane time, February 27, 2006                                                                       
                                                                                                    
                                                                                                    
HCR 5                                                                                             
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 5                                                               
    Relating to support of community water fluoridation.                                            
                                                                                                    

2006-02-22                     House Journal                      Page 2613
HJR 29                                                                                            
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 29                                                                   
    Urging the United States Department of Justice and the Alaska                                   
    Department of Law to identify all natural resource damages from                                 
    the Exxon Valdez oil spill that were unanticipated at the time of                               
    the 1991 settlement, to develop plans to remedy the damages, and                                
    to present the ExxonMobil Corporation with a request for the full                               
    $100,000,000 that is available through the "Reopener for                                        
    Unknown Injury" clause of the 1991 civil settlement to carry out                                
    these plans.                                                                                    
                                                                                                    
                                                                                                    
HB 312                                                                                            
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 312                                                                              
    "An Act relating to pregnant women; requiring hospitals, schools,                               
    and alcohol licensees and permittees to distribute information                                  
    about fetal alcohol effects and fetal alcohol syndrome; relating to                             
    the consumption of alcoholic beverages by and the sale or service                               
    of alcoholic beverages to a pregnant woman; requiring involuntary                               
    commitment of a pregnant woman who has consumed alcohol;                                        
    creating a fund for the prevention and treatment of fetal alcohol                               
    syndrome and fetal alcohol effects; relating to fines and to the                                
    taking of permanent fund dividends for selling or serving                                       
    alcoholic beverages to pregnant women; and increasing taxes on                                  
    sales of alcoholic beverages to fund treatment and education                                    
    related to fetal alcohol syndrome and fetal alcohol effects."                                   
                                                                                                    
                                                                                                    
HB 357                                                                                            
Representatives Seaton, Croft, and McGuire added their names as                                     
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 357(FIN)                                                                  
    "An Act updating the terminology in statutes for persons with                                   
    disabilities; and providing for an effective date."                                             
                                                                                                    

2006-02-22                     House Journal                      Page 2614
                              ENGROSSMENT                                                        
                                                                                                    
HB 274                                                                                            
CSSSHB 274(FIN) was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 326                                                                                            
CSHB 326(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 357                                                                                            
CSHB 357(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted with a House letter of intent to the Senate for                               
consideration.                                                                                      
                                                                                                    
HB 393                                                                                            
CSHB 393(HES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                                   2:30 p.m.                             
                                                                                                    
Labor & Commerce Committee                                                                          
CHANGED TO:                                                   4:00 p.m.                             
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 24, 2006.  There being no                                  
objection, the House adjourned at 12:00 p.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk