Legislature(2005 - 2006)

2006-03-13 House Journal

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2006-03-13                     House Journal                      Page 2749
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                  Monday                 March 13, 2006                             
                                                                                                    
                           Sixty-fourth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 2:09 p.m.                                                                                 
                                                                                                    
Roll call showed 30 members present.  Representatives Anderson,                                     
McGuire, Moses, Salmon, and Thomas had been previously excused                                      
from a call of the House today.  Representatives Ramras and Rokeberg                                
were absent and their presence was noted later.  Representatives                                    
Elkins, Joule, and Kohring were absent.                                                             
                                                                                                    
The invocation was offered by the Chaplain, Pastor Tom Matthews of                                  
Douglas Island Bible Church.  Representative Dahlstrom moved and                                    
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Respecting the various beliefs represented here today, I would                                  
    ask you to please join me in prayer.                                                            
                                                                                                    
    Dear Lord, Creator of the Universe:                                                             
                                                                                                    
    These last few days have been incredible!  When the sun                                         
    breaks out over these peaks, how can we but cry out in thanks                                   
    to You for Your wondrous creation!  The hymn writer                                             
    expressed it so well when after noting the wonder of it all he                                  
    sang, "Then sings my soul, my Savior God to Thee, how great                                     
    Thou art!"  I echo that praise today.                                                           
                                                                                                    
    I pray for Your blessing on this session.  Give each                                            
    Representative here today a vision for the future of our great                                  
    state.  I pray for our national leadership as well.  I pray that                                

2006-03-13                     House Journal                      Page 2750
    You would clearly lead our country forward in a path that                                       
    would honor You.                                                                                
                                                                                                    
    I also want to lift up those who have been affected by the                                      
    terrible tragedy of the fire yesterday.  In the face of such loss,                              
    it is hard to know how to pray.  I do pray for the leaders and                                  
    congregation of Holy Trinity Episcopal Church to be able to                                     
    seek Your face for comfort in their loss.  Give them wisdom                                     
    as they evaluate some of the basic questions now before them                                    
    as to what to do for a place to worship and what is needed to                                   
    go forward.  Thank You that You can give them the peace and                                     
    encouragement they will need in the days to come.                                               
                                                                                                    
    I lift this prayer in the name of Jesus Christ.  Amen.                                          
                                                                                                    
The Pledge of Allegiance was led by Representative LeDoux.                                          
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 59th, 60th, 61st, 62nd, and 63rd legislative days be                                
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
A letter dated March 8, 2006, was read stating that, in accordance with                             
AS 39.05.080, the Governor submits the following names for                                          
legislative confirmation of appointment to the boards and commissions                               
noted.                                                                                              
                                                                                                    
The Speaker referred the following to the Labor & Commerce                                          
Committee:                                                                                          
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
    Ms. Mila (Melinda) A. Cosgrove - Juneau                                                         
    Reappointed:  2/24/2006  Term Expires:  3/1/2010                                                
                                                                                                    

2006-03-13                     House Journal                      Page 2751
Board of Psychologist and Psychological Associate Examiners                                       
    Dr. Lorin L. Bradbury - Bethel                                                                  
    Reappointed:  2/24/2006  Term Expires:  3/1/2010                                                
                                                                                                    
Board of Social Work Examiners                                                                    
    Ms. Gail La Rose-Henderson, MSW - Wasilla                                                       
    Appointed:  2/24/2006  Term Expires:  3/1/2009                                                  
                                                                                                    
The Speaker referred the following to the Resources Committee:                                      
                                                                                                    
Big Game Commercial Services Board                                                                
    Mr. Robert D. Mumford - Anchorage                                                               
    Appointed:  3/3/2006   Term Expires:  3/1/2010                                                  
                                                                                                    
Board of Game                                                                                     
    Mr. Richard A. Burley - Fairbanks                                                               
    Appointed:  3/3/2006   Term Expires:  3/1/2009                                                  
                                                                                                    
    Mr. Cliff Judkins - Wasilla                                                                     
    Reappointed:  3/3/2006  Term Expires:  3/1/2009                                                 
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    
**The presence of Representative Ramras was noted.                                                  
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated March 13, 2006, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 112                                                                                            
CS FOR SENATE BILL NO. 112(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to a tax on residents of and individuals employed                              
    in regional educational attendance areas; relating to permanent                                 

2006-03-13                     House Journal                      Page 2752
    fund dividend applications; relating to regional educational                                    
    attendance area grants; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Administration                                                                             
Office of the Commissioner                                                                          
Monetary Terms of Agreement Between the                                                             
State and the Alaska Correctional Officers                                                          
Association (ACOA)                                                                                  
March 7, 2006                                                                                       
(as required by AS 23.40.215)                                                                       
                                                                                                    
Dept. of Administration                                                                             
Office of the Commissioner                                                                          
Monetary Terms of Arbitration Between the                                                           
State and the Alaska State Employees Association                                                    
(Alaska State Employees Health Trust)                                                               
March 7, 2006                                                                                       
(as required by AS 23.40.215)                                                                       
                                                                                                    
The Speaker referred the monetary terms to the Finance Committee.                                   
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - George Mohr                                                                           
By Representatives Gruenberg, Anderson; Senator Guess                                               
                                                                                                    
In Memoriam - Mary Alice Jones                                                                      
By Representative LeDoux; Senator Davis                                                             
                                                                                                    

2006-03-13                     House Journal                      Page 2753
In Memoriam - Stephen John Sutherland                                                               
By Representative Coghill                                                                           
                                                                                                    
In Memoriam - Margret Sullivan Pate                                                                 
By Senator Stevens; Representative Seaton                                                           
                                                                                                    
In Memoriam - Nora Guinn, First Alaska Native Judge                                                 
By Senator Hoffman; Representative Kapsner                                                          
                                                                                                    
In Memoriam - Frank Lewis Charles                                                                   
By Senator Hoffman                                                                                  
                                                                                                    
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Harold N. "Buddy" Brown                                                                  
By Senators Seekins, Kookesh                                                                        
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 394                                                                                            
The following, which was advanced to third reading from the March 8,                                
2006, calendar (page 2731), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 394(L&C)                                                                  
    "An Act relating to allowing insurance policy forms to be filed                                 
    and approved in languages other than English if an official                                     
    English language version is also filed, and authorizing use of                                  
    insurance policy forms and associated materials in languages other                              
    than English."                                                                                  
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
CSHB 394(L&C) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    

2006-03-13                     House Journal                      Page 2754
Amendment No. 1 was offered  by Representatives Gruenberg and                                        
Meyer:                                                                                              
                                                                                                    
Page 2, line 6:                                                                                     
 Delete "knowingly"                                                                                 
                                                                                                    
Page 2, line 7, following "English.":                                                               
 Insert "For purposes of this subsection, "misrepresent                                             
information" means to include a statement or omit a statement when,                                 
taken in the context of the whole presentation, the statement or                                    
omission may tend to mislead or deceive the person or persons                                       
addressed."                                                                                         
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "subsection"                                                                                
 Insert "section"                                                                                   
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
The question being:  "Shall CSHB 394(L&C) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 394(L&C) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  5   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Holm, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn,                                 
Meyer, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Anderson, McGuire, Moses, Salmon, Thomas                                                  
                                                                                                    
Absent:  Elkins, Joule, Kohring, Rokeberg                                                           
                                                                                                    
And so, CSHB 394(L&C) am passed the House and was referred to                                       
the Chief Clerk for engrossment.                                                                    

2006-03-13                     House Journal                      Page 2755
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 224                                                                                            
The following, which was advanced to third reading from the March 8,                                
2006, calendar (page 2732), was read the third time:                                                
                                                                                                    
    SENATE BILL NO. 224                                                                             
    "An Act establishing Older Alaskans' Day."                                                      
                                                                                                    
The question being:  "Shall SB 224 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 224                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  0   EXCUSED:  5   ABSENT:  5                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Holm, Kapsner, Kerttula, Kott, LeDoux, Lynn,                                        
Meyer, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Anderson, McGuire, Moses, Salmon, Thomas                                                  
                                                                                                    
Absent:  Elkins, Joule, Kelly, Kohring, Rokeberg                                                    
                                                                                                    
And so, SB 224 passed the House and was signed by the Speaker and                                   
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 31                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 31                                                                   
    Relating to designating September 9, 2006, as Fetal Alcohol                                     
    Spectrum Disorders Awareness Day.                                                               
                                                                                                    

2006-03-13                     House Journal                      Page 2756
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 4DP                                                      2663                              
 FN1: ZERO(H.HES)                                                 2664                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HJR 31 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HJR 31 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HJR 31 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HJR 31                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  5   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Holm, Kapsner, Kerttula, Kott, LeDoux, Lynn,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                   
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Anderson, McGuire, Moses, Salmon, Thomas                                                  
                                                                                                    
Absent:  Elkins, Joule, Kelly, Kohring                                                              
                                                                                                    
And so, HJR 31 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
HCR 5                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 5                                                               
    Relating to support of community water fluoridation.                                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 CRA RPT 5DP                                                      2414                              
 FN1: ZERO(DEC)                                                   2415                              

2006-03-13                     House Journal                      Page 2757
 FN2: ZERO(DEC)                                                   2415                              
 HES RPT 3DP 1DNP                                                 2663                              
 FN1: ZERO(DEC)                                                   2663                              
 FN2: ZERO(DEC)                                                   2663                              
                                                                                                    
The question being:  "Shall HCR 5 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 5                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  1   EXCUSED:  5   ABSENT:  5                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                   
Hawker, Holm, Kapsner, Kerttula, Kott, LeDoux, Lynn, Meyer,                                         
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Weyhrauch,                                        
Wilson                                                                                              
                                                                                                    
Nays:  Stoltze                                                                                      
                                                                                                    
Excused:  Anderson, McGuire, Moses, Salmon, Thomas                                                  
                                                                                                    
Absent:  Elkins, Gara, Joule, Kelly, Kohring                                                        
                                                                                                    
And so, HCR 5 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                         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:                                          
                                                                                                    
Honoring - Poldine Carlo                                                                            
By Representatives Guttenberg, Harris, Anderson, Berkowitz,                                         
Chenault, Cissna, Crawford, Dahlstrom, Gara, Gardner, Gatto,                                        
Gruenberg, Hawker, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                  
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                            
Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson                                                  
                                                                                                    

2006-03-13                     House Journal                      Page 2758
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 300                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to March 14, 2006 (page 2717), be                                    
held to March 15, 2006:                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 300(O&G)(fld H)                                                           
    "An Act relating to the qualifications of the member of the Alaska                              
    Oil and Gas Conservation Commission who need not be certified,                                  
    trained, or experienced in either the field of petroleum engineering                            
    or the field of petroleum geology."                                                             
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - Harold N. "Buddy" Brown, be taken up as a Special Order                                  
of Business.  There being no objection, it was so ordered.                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Harold N. "Buddy" Brown                                                                  
By Senators Seekins, Kookesh; Representatives Harris, Anderson,                                     
Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster,                                    
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                          
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 31                                                                                            
Representative Seaton added his name as cosponsor to:                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 31                                                                   
    Relating to designating September 9, 2006, as Fetal Alcohol                                     
    Spectrum Disorders Awareness Day.                                                               

2006-03-13                     House Journal                      Page 2759
HB 394                                                                                            
Representatives Gruenberg and Seaton added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 394(L&C) am                                                               
    "An Act relating to allowing insurance policy forms to be filed                                 
    and approved in languages other than English if an official                                     
    English language version is also filed, and authorizing use of                                  
    insurance policy forms and associated materials in languages other                              
    than English."                                                                                  
                                                                                                    
HB 397                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 397                                                                              
    "An Act making an appropriation for an upgrade of signal system                                 
    emergency devices in Anchorage, contingent upon matching funds                                  
    from the Municipality of Anchorage; and providing for an                                        
    effective date."                                                                                
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 5                                                                                             
HCR 5 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HJR 31                                                                                            
HJR 31 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 394                                                                                            
CSHB 394(L&C) am 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.                                 
                                                                                                    
Ethics Disclosures due to the                                                                       
Select Committee on Legislative Ethics:                            3/15                             

2006-03-13                     House Journal                      Page 2760
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 15, 2006.  There being no                                     
objection, the House adjourned at 2:49 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk