Legislature(2005 - 2006)
2006-03-30 House Journal
Full Journal pdf2006-03-30 House Journal Page 2953 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday March 30, 2006 Eighty-first Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:08 a.m. Roll call showed 35 members present. Representatives Gara and McGuire were absent and their presence was noted later. Representative Weyhrauch was absent. Representative Coghill moved and asked unanimous consent that Representatives Wilson and Gruenberg be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend George Silides of Holy Trinity Episcopal Church. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With deepest respect for the religious traditions of all Alaskans, I offer this prayer. I ask blessings for Representative Gruenberg and his family. Blessed be God who makes all things new. God of all blessings, source of all life, giver of all grace, I thank You for the gift of life: for the breath that sustains life; for the love of family and friends without which there would be no life. I thank You for the mystery of creation: for the beauty that the eye can see; for the joy the heart may know; for the mysteries that fill our minds with wonder. 2006-03-30 House Journal Page 2954 I thank You for setting us in communities: for families who nurture our becoming; for friends who love us by choice; for companions at work who share our burdens and daily tasks; for strangers who welcome us into their midst; for people from other lands and cultures than our own who call us to grow in wisdom and understanding; for children who lighten our days with delight; for children about to be born who offer us hope. I thank You for this day: for life and one more day to love; for every opportunity and challenge; and one more day to learn forgiveness and mercy. With every beauty and grace, bless this House, O Lord. Amen. The Pledge of Allegiance was led by Representative Gatto. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 80th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HJR 27 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 27 Urging the United States Congress to pass legislation amending the Alaska Native Vietnam Veterans Allotment Act to allow deserving veterans to obtain allotments of vacant land within the State of Alaska; and to reopen and legislatively approve allotments in the Tongass National Forest. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV) (same title) 2006-03-30 House Journal Page 2955 The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Lynn, Gatto, Elkins, Ramras No recommendation (1): Gardner Amend (1): Seaton The following fiscal note(s) apply to CSHJR 27(MLV): 1. Zero, House Special Committee on Military & Veterans' Affairs HJR 27 was referred to the Rules Committee for placement on the calendar. HB 308 The Judiciary Committee has considered: HOUSE BILL NO. 308 "An Act relating to false caller identification." and recommends it be replaced with: CS FOR HOUSE BILL NO. 308(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Coghill, Anderson, Kott, McGuire No recommendation (1): Gara The following fiscal note(s) apply to CSHB 308(JUD): 1. Zero, Dept. of Administration 2. Zero, Alaska Court System 3. Zero, Dept. of Public Safety 2006-03-30 House Journal Page 2956 HB 308 was referred to the Finance Committee. SB 249 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 249(JUD) "An Act relating to criminal justice information." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Gardner, Lynn, Gatto, Elkins, Seaton The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Alaska Court System CSSB 249(JUD) was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - National Correctional Officers' Week, May 7 - 13, 2006 By Representative Harris Honoring - Volunteers in Service to America By Representative Elkins; Senator Stedman Honoring - The United States Coast Guard in Alaska By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Clifford "Jack" Johnson By Representative Harris 2006-03-30 House Journal Page 2957 The following citation was introduced and taken up later as a Special Order of Business: Honoring - Katherine Singer By Senator Huggins; Representatives Stoltze, Dahlstrom **The presence of Representatives Gara and McGuire was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 31 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." with the: Journal Page L&C RPT 4DP 3NR 538 FN1: ZERO(CED) 539 FN2: INDETERMINATE(ADM) 539 HES RPT 2DP 1DNP 1NR 791 FN1: ZERO(CED) 791 FN2: INDETERMINATE(ADM) 791 FIN RPT CS(FIN) 3DP 4NR 1213 FN1: ZERO(CED) 1213 FN2: INDETERMINATE(ADM) 1213 FN3: INDETERMINATE(LWF) 1213 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31(FIN) (same title) 2006-03-30 House Journal Page 2958 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSSSHB 31(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 31(FIN) was read the third time. The question being: "Shall CSSSHB 31(FIN) pass the House?" The roll was taken with the following result: CSSSHB 31(FIN) Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas Nays: Coghill, Kelly, Kohring Excused: Gruenberg, Wilson Absent: Weyhrauch And so, CSSSHB 31(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 441 The following was read the second time: HOUSE BILL NO. 441 "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to mitigating factors in sentencing; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." 2006-03-30 House Journal Page 2959 with the: Journal Page JUD RPT 3DP 2NR 2644 FN1: ZERO(ADM) 2645 FN2: ZERO(CRT) 2645 FN3: ZERO(LAW) 2645 FIN RPT CS(FIN) NT 9DP 1NR 2790 FN1: ZERO(ADM) 2790 FN2: ZERO(CRT) 2790 FN3: ZERO(LAW) 2790 FN4: ZERO(ADM) 2790 FN5: ZERO(COR) 2790 FN6: ZERO(HSS) 2790 FN7: ZERO(DPS) 2790 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. 441(FIN) "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court-ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 441(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 441(FIN) was read the third time. The question being: "Shall CSHB 441(FIN) pass the House?" The roll was taken with the following result: CSHB 441(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 2006-03-30 House Journal Page 2960 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas Excused: Gruenberg, Wilson Absent: Hawker, Holm, Weyhrauch And so, CSHB 441(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 roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. CSHB 441(FIN) was referred to the Chief Clerk for engrossment. 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 - Life Achievements of Merle "Mudhole" Smith By Representatives Hawker, Samuels, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch 2006-03-30 House Journal Page 2961 Honoring - Max Treinen By Senator French; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch In Memoriam - Wanda Holmes By Representatives Gara, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch; Senator Ellis In Memoriam - Frederick W. Pete Sr. By Senator Hoffman; Representatives Kapsner, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch In Memoriam - Reverend Samuel K. Fields Jr. By Senator Dyson; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, 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: 2006-03-30 House Journal Page 2962 Representative Samuels - from 12:00 p.m., March 30 to 10:00 a.m., plane time, April 1, 2006 Representative McGuire - from 1:00 p.m., March 30 to 10:00 p.m., plane time, April 2, 2006 Representative Cissna - from 7:00 a.m., March 31 to 5:00 p.m., plane time, April 2, 2006 Representative LeDoux - from 12:00 p.m., March 31 to 10:00 a.m., plane time, April 3, 2006 Representative Moses - from 12:00 p.m., March 31 to 10:00 a.m., plane time, April 3, 2006 Representative Holm - from 6:00 p.m., March 31 to 10:00 a.m., plane time, April 3, 2006 Representative Kott - from 7:00 a.m., April 1 to 10:00 p.m., plane time, April 2, 2006 Representative Ramras - from 7:00 a.m., April 1 to 2:00 p.m., plane time, April 3, 2006 Representative Elkins - from 1:00 p.m., April 2 to 2:00 p.m., plane time, April 5, 2006 SB 232 In the event the Senate fails to concur and the House fails to recede from the following: HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H "An Act making appropriations, supplemental appropriations, and capital appropriations; amending appropriations and funding sources; making appropriations to capitalize funds; and providing for an effective date." 2006-03-30 House Journal Page 2963 The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider HCS CSSB 232(FIN) am H and CSSB 232(FIN): Representative Chenault, Chair Representative Meyer Representative Joule The Chief Clerk notified the Senate. SPECIAL ORDER OF BUSINESS Representative Coghill moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Katherine Singer, 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 - Katherine Singer By Senator Huggins; Representatives Stoltze, Dahlstrom, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas UNFINISHED BUSINESS HB 31 Representatives Crawford, Gara, Neuman, Berkowitz, LeDoux, McGuire, Meyer, Gardner, Kerttula, Guttenberg, Rokeberg, and Cissna added their names as cosponsors to: 2006-03-30 House Journal Page 2964 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31(FIN) "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." HB 308 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 308 "An Act relating to false caller identification." HB 390 Representative Neuman added his name as cosponsor to: HOUSE BILL NO. 390 "An Act limiting the amount that a municipality may charge for an appeal of a residential real property tax assessment to the municipality's board of equalization." HB 441 Representatives Kelly, Gardner, LeDoux, and Crawford added their names as cosponsors to: CS FOR HOUSE BILL NO. 441(FIN) "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court-ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." SB 218 Representatives Gatto and Dahlstrom added their names as cross sponsors to: CS FOR SENATE BILL NO. 218(FIN) "An Act relating to sex offenders and child kidnappers; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to 2006-03-30 House Journal Page 2965 the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date." ENGROSSMENT HB 31 CSSSHB 31(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 441 CSHB 441(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 410 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:00 a.m., March 30, 2006: CS FOR HOUSE BILL NO. 410(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Transportation Committee CANCELED 1:30 p.m. Legislative Council CANCELED 5:00 p.m. 2006-03-30 House Journal Page 2966 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 3, 2006. There being no objection, the House adjourned at 11:39 a.m. Suzi Lowell Chief Clerk