Legislature(2005 - 2006)
2006-04-29 House Journal
Full Journal pdf2006-04-29 House Journal Page 3437 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Saturday April 29, 2006 One Hundred Eleventh Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:08 a.m. Roll call showed 23 members present. Representatives Cissna and Croft had been previously excused from a call of the House today. Representatives Anderson, Berkowitz, Crawford, Gara, Gardner, Gruenberg, Guttenberg, Kapsner, Kelly, Kerttula, McGuire, Moses, Salmon, and Seaton were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Holm be excused from a call of the House from today to 9:30 a.m., plane time, May 1, 2006. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Coghill. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Almighty God, we thank You for this day. We are grateful to live in this land of grandeur and beauty. Also we are thankful for the people who picked us to serve them in this seat of government. Help us to rise to the most noble side of our nature leaving selfishness or arrogance to be overruled by serving our people in truly humble service. For the work of the day we commit our best efforts, asking for Your guidance. 2006-04-29 House Journal Page 3438 For my home in North Pole I ask that we pause to ask for Your grace and strength for help in time of need for those who have to deal with fear and pain as they deal with the middle school incident with the students. Now we thank You for those who have helped us in our duties throughout the year and ask Your blessing upon them. I pray in the name of my Lord, Jesus Christ. Amen. The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 110th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Meyer introduced Zane Millett, Guest Page, from Anchorage. MESSAGES FROM THE GOVERNOR SB 218 A message dated April 27, 2006, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) "An Act relating to 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 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." 2006-04-29 House Journal Page 3439 Chapter No. 14, SLA 2006 Effective Date: See Chapter MESSAGES FROM THE SENATE A message dated April 28, 2006, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 291 CS FOR SENATE BILL NO. 291(CRA) by the Senate Community and Regional Affairs Committee, entitled: "An Act relating to the municipal harbor facility grant program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 315 CS FOR SENATE BILL NO. 315(L&C) by the Senate Labor and Commerce Committee, entitled: "An Act relating to the disposition of unredeemed property; and providing for an effective date." was read the first time and referred to the Finance Committee. **The presence of Representatives Moses, Kapsner, Gara, Berkowitz, and Salmon was noted. REPORTS OF STANDING COMMITTEES HB 498 The Resources Committee has considered: 2006-04-29 House Journal Page 3440 HOUSE BILL NO. 498 "An Act authorizing tax credits against the production tax on oil and gas for qualified expenditures for challenged or nonconventional oil or gas and for qualified expenditures for nonconventional or renewable energy resources; giving the Act contingent effect; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 498(RES) "An Act authorizing tax credits against the production tax on oil and gas for qualified development expenditures for challenged oil pools; and providing for an effective date." The report was signed by Representatives Samuels and Ramras, Co- chairs, with the following individual recommendations: No recommendation (9): Kapsner, Gatto, LeDoux, Crawford, Elkins, Olson, Seaton, Samuels, Ramras The following fiscal note(s) apply to CSHB 498(RES): 1. Zero, Dept. of Natural Resources 2. Fiscal, Dept. of Revenue HB 498 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Gladys Dart By Representative Salmon; Senator Kookesh Honoring - Sitka High School Girls' Softball Team, 2005 ASAA State Small School Softball Champions By Senator Stedman; Representative Wilson 2006-04-29 House Journal Page 3441 Honoring - Sitka High School Boys' Baseball Team, 2005 ASAA State Baseball Champions By Senator Stedman; Representative Wilson Honoring - Sitka High School Boys' Swimming and Diving Team, 2005 ASAA State Swimming and Diving Champions By Senator Stedman; Representative Wilson **The presence of Representatives Gardner, Gruenberg, and Guttenberg was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 496 The following was read the second time: HOUSE BILL NO. 496 "An Act relating to contributions from permanent fund dividends to certain educational organizations and to certain charitable organizations that provide a positive youth development program, workforce development, aid to the arts, or aid and services to the elderly, low-income individuals, individuals in emergency situations, disabled individuals, or individuals with mental illness; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 4DP 1NR 1AM 3004 FN1: ZERO(H.STA/REV) 3005 FIN RPT CS(FIN) NT 3DP 5NR 3403 LETTER OF INTENT WITH FIN REPORT 3404 FN2: (REV) 3404 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2006-04-29 House Journal Page 3442 CS FOR HOUSE BILL NO. 496(FIN) "An Act relating to contributions from permanent fund dividends to campuses of the University of Alaska, certain educational organizations, community foundations, and certain other charitable organizations that provide a youth development program, workforce development, aid to the arts, or aid and services to the elderly, low-income individuals, individuals in emergency situations, disabled individuals, or individuals with mental illness; and providing for an effective date." There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 496(FIN) would be moved to the bottom of the calendar. SECOND READING OF SENATE BILLS SB 12 The following was read the second time: CS FOR SENATE BILL NO. 12(STA) "An Act relating to financial relationships with persons conducting business in or having headquarters in countries that support or ignore slavery and trafficking in persons." with the: Journal Page STA RPT HCS(STA) NT 6DP 3110 FN3: ZERO(ADM) 3110 FN4: ZERO(LEG) 3110 JUD RPT HCS(STA) NT 5DP 1AM 3320 FN3: ZERO(ADM) 3320 FN4: ZERO(LEG) 3320 **The presence of Representatives Kerttula, McGuire, and Anderson was noted. Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2006-04-29 House Journal Page 3443 HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA) "An Act relating to procurement from a person conducting business in or having headquarters in countries that support or ignore slavery and trafficking in persons." (HCR 43 - title change resolution) There being no objection, it was so ordered. **The presence of Representative Seaton was noted. Representative Coghill moved and asked unanimous consent that HCS CSSB 12(STA) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 12(STA) will advance to third reading on the May 1, 2006, calendar. SB 55 The following was read the second time: CS FOR SENATE BILL NO. 55(FIN) "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land." with the: Journal Page RES RPT 3DP 3NR 2889 FN2: INDETERMINATE(DNR) 2889 FIN RPT 6DP 1NR 3290 FN2: INDETERMINATE(DNR) 3290 Representative Coghill moved and asked unanimous consent that CSSB 55(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2006-04-29 House Journal Page 3444 CSSB 55(FIN) was read the third time. **The presence of Representative Crawford was noted. The question being: "Shall CSSB 55(FIN) pass the House?" The roll was taken with the following result: CSSB 55(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, 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 Excused: Cissna, Croft, Holm Absent: Kelly And so, CSSB 55(FIN) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 200 The following was read the second time: CS FOR SENATE BILL NO. 200(JUD) am "An Act relating to defense of self, other persons, property, or services." with the: Journal Page JUD RPT HCS(JUD) 5DP 2NR 3034 FN1: ZERO(DPS) 3035 FIN RPT HCS(FIN) 4DP 2NR 1AM 3291 FN1: ZERO(DPS) 3292 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2006-04-29 House Journal Page 3445 HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 200(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 200(FIN) will advance to third reading on the May 1, 2006, calendar. THIRD READING OF SENATE BILLS SB 177 The following, which was advanced to third reading from the April 28, 2006, calendar (page 3421), was read the third time: CS FOR SENATE BILL NO. 177(HES) "An Act eliminating the prohibition on the use by certain licensed professionals of titles or descriptions of services that incorporate the terms 'psychoanalysis,' 'psychoanalyst,' 'psychotherapy,' 'psychotherapeutic,' or 'psychotherapist.'" **The presence of Representative Kelly was noted. The Speaker stated that, without objection, CSSB 177(HES) would be held to the May 1, 2006, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 43 The Speaker stated that, without objection, the following would be held to the May 1, 2006, calendar: HOUSE CONCURRENT RESOLUTION NO. 43 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 12, 2006-04-29 House Journal Page 3446 relating to the prohibition or elimination of financial relationships with persons that conduct business in countries that support or ignore slavery and trafficking in persons. SECOND READING OF HOUSE BILLS (continued) HB 496 The following, which was moved to the bottom of the calendar (page 3442), was again before the House in second reading: CS FOR HOUSE BILL NO. 496(FIN) "An Act relating to contributions from permanent fund dividends to campuses of the University of Alaska, certain educational organizations, community foundations, and certain other charitable organizations that provide a youth development program, workforce development, aid to the arts, or aid and services to the elderly, low-income individuals, individuals in emergency situations, disabled individuals, or individuals with mental illness; and providing for an effective date." Amendment No. 1 was offered by Representatives Berkowitz and Seaton: Page 3, line 19: Delete "10" Insert "five" Page 3, line 21, following "subsection.": Insert "Under no circumstances may grants or contributions from these organizations be used for political purposes, or to lobby on behalf or in opposition to any actual or proposed legislation." Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. 2006-04-29 House Journal Page 3447 Amendment No. 1 to Amendment No. 1 was offered by Representative Stoltze: Following "or to": Insert "promote or" Representative Stoltze moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 1 was offered by Representative Berkowitz: Delete "Page 3, line 21, following "subsection.": Insert "Under no circumstances may grants or contributions from these organizations be used for political purposes, or to promote or lobby on behalf or in opposition to any actual or proposed legislation."" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 496(FIN) Second Reading Amendment No. 1 as amended YEAS: 22 NAYS: 15 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Coghill, Crawford, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Lynn, Moses, Salmon, Seaton, Stoltze Nays: Chenault, Elkins, Harris, Hawker, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Thomas, Weyhrauch, Wilson 2006-04-29 House Journal Page 3448 Excused: Cissna, Croft, Holm And so, Amendment No. 1 as amended was adopted. Representative Coghill moved and asked unanimous consent that CSHB 496(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 496(FIN) am was read the third time. The question being: "Shall CSHB 496(FIN) am pass the House?" The roll was taken with the following result: CSHB 496(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Kelly, Neuman, Weyhrauch Excused: Cissna, Croft, Holm And so, CSHB 496(FIN) am 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 3404). There being no objection, it was so ordered. CSHB 496(FIN) am was referred to the Chief Clerk for engrossment. 2006-04-29 House Journal Page 3449 CONCUR IN SENATE AMENDMENTS HB 408 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 3400) on the following: CS FOR HOUSE BILL NO. 408(FIN) am "An Act relating to the standard of proof required to terminate parental rights in child-in-need-of-aid proceedings; relating to a healing arts practitioner's duty to report a child adversely affected by or withdrawing from exposure to a controlled substance or alcohol; relating to disclosure of confidential or privileged information about certain children by the Departments of Health and Social Services and Administration; relating to permanent fund dividends paid to foster children and adopted children; amending Rule 18, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 408(FIN) "An Act relating to the standard of proof required to terminate parental rights and for placement of a child in child-in-need-of-aid proceedings; relating to a healing arts practitioner's duty to report a child adversely affected by or withdrawing from exposure to a controlled substance or alcohol; relating to disclosure of confidential or privileged information about certain children by the Departments of Health and Social Services and Administration; relating to permanent fund dividends paid to foster children and adopted children; relating to child abuse or neglect investigations and training; amending Rule 18, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." (SCR 26 - title change resolution) There being no objection, it was so ordered. 2006-04-29 House Journal Page 3450 Representative Coghill moved that the House concur in the Senate amendment to CSHB 408(FIN) am, thus adopting SCS CSHB 408(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 408(FIN) am?" The roll was taken with the following result: SCS CSHB 408(FIN) Concur YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, 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 Excused: Cissna, Croft, Holm Absent: Kelly And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 408(FIN). 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. The Chief Clerk notified the Senate. SCS CSHB 408(FIN) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 26 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business: 2006-04-29 House Journal Page 3451 SENATE CONCURRENT RESOLUTION NO. 26 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 408, relating to the standard of proof required to terminate parental rights in child-in-need-of-aid proceedings; relating to the definition of "child abuse or neglect"; relating to disclosure of confidential or privileged information about certain children by the Departments of Health and Social Services and Administration; relating to permanent fund dividends paid to foster children and adopted children; and amending Rule 18, Alaska Child in Need of Aid Rules of Procedure. There being no objection, it was so ordered. The question being: "Shall SCR 26 pass the House?" The roll was taken with the following result: SCR 26 Special Order of Business YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, 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 Excused: Cissna, Croft, Holm Absent: Kelly And so, SCR 26 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION HB 485 Representative Rokeberg moved and asked unanimous consent that reconsideration (page 3426) of the following be held to May 1, 2006: 2006-04-29 House Journal Page 3452 HOUSE BILL NO. 485(fld H) "An Act amending the State Personnel Act to place in the exempt service pharmacists and physicians employed in the Department of Health and Social Services or in the Department of Corrections and corporate income tax forensic auditors employed by the division of the Department of Revenue principally responsible for the collection and enforcement of state taxes who specialize in apportionment analysis and tax shelters of multistate corporate taxpayers; and providing for an effective date." There being no objection, it was so ordered, and HB 485(fld H) will be available for reconsideration on May 1, 2006. UNFINISHED BUSINESS SB 12 Representatives Dahlstrom and Gardner added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA) "An Act relating to procurement from a person conducting business in or having headquarters in countries that support or ignore slavery and trafficking in persons." SB 200 Representatives Dahlstrom, Lynn, and Chenault added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN) "An Act relating to defense of self, other persons, property, or services." ENGROSSMENT HB 496 CSHB 496(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House letter of intent to the Senate for consideration. 2006-04-29 House Journal Page 3453 ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 24, 2006. House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 1, 2006. There being no objection, the House adjourned at 12:12 p.m. Suzi Lowell Chief Clerk