Legislature(2005 - 2006)

2006-08-06 House Journal

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2006-08-06                     House Journal                      Page 4341
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                         THIRD SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                   Sunday                 August 6, 2006                            
                                                                                                    
                           Twenty-sixth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 1:10 p.m.                                                                                 
                                                                                                    
Roll call showed 35 members present.  Representatives Berkowitz,                                    
Kapsner, Kerttula, and LeDoux were absent and their presence was                                    
noted later.                                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Moses be excused from a call of the House today.                                     
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Representative Anderson.                                
Representative Wilson moved and asked unanimous consent that the                                    
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    Dear Lord,                                                                                      
                                                                                                    
    This is a difficult time for my colleagues and I because we                                     
    face one of the biggest challenges the legislature ever has in                                  
    the state of Alaska with the upcoming special session issues.                                   
    It is a difficult time also because we are away from our                                        
    families; there are some members who have health issues;                                        
    others who have family issues; babysitting issues; difficulties                                 
    being away from home due to work.  It is also a really tough                                    
    time because many of us are in campaigns, whether they be in                                    
    our district or statewide.  Civility and a positive attitude are                                
    often hard to find when you are in the trenches.                                                
                                                                                                    

2006-08-06                     House Journal                      Page 4342
    So, dear Lord, I ask that You give all of us and our families                                   
    the continued conviction and power to stay positive to move                                     
    forward with a good attitude and recognize that we're serving                                   
    the people of the state of Alaska and our families with good                                    
    intent and with a desire to help our state and make it a better                                 
    place.  Amen                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Neuman.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 25th legislative day of the Third Special Session be                                
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 3005                                                                                           
The following, which was advanced to third reading from the August                                  
5, 2006, calendar (page 4292), was read the third time:                                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 3005(JUD)                                                   
    "An Act relating to contempt of court and to temporary detention                                
    and identification of persons; and providing for an effective date."                            
                                                                                                    
**The presence of Representatives LeDoux, Kerttula, Kapsner, and                                    
Berkowitz was noted.                                                                                
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HCS CSSB 3005(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 Gruenberg and                                        
McGuire:                                                                                            
                                                                                                    

2006-08-06                     House Journal                      Page 4343
Page 1, line 4, through Page 2, line 3:                                                             
 Delete all material and insert:                                                                    
   "* Section 1. AS 09.50.020(a) is repealed and reenacted to read:                               
         (a)  A person who commits a criminal contempt is guilty of a                               
    class A misdemeanor. A person who commits a civil contempt is                                   
    subject to damages, a civil penalty of $5,000 or less for each                                  
    violation, and other orders as the court finds appropriate."                                    
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, line 9:                                                                                     
    Delete "sec. 3"                                                                                 
    Insert "sec. 2"                                                                                 
                                                                                                    
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.                                                                        
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 3005(JUD) am H be returned to second reading for the                                       
specific purpose of considering Amendment No. 2.  There being no                                    
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 2 was offered  by Representatives Kerttula and                                         
Gruenberg:                                                                                          
                                                                                                    
Page 4, following line 3:                                                                           
 Insert a new subsection to read:                                                                   
         "(g) Notwithstanding (f) of this section, if the person                                    
    establishes that he does not have information of material aid in the                            
    investigation of the crime, then the person is punishable by a civil                            
    fine of not more than $1,000.00."                                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2006-08-06                     House Journal                      Page 4344
Amendment No. 1 to Amendment No. 2 was offered  by                                                   
Representative Berkowitz:                                                                           
                                                                                                    
 Delete "he"                                                                                        
 Insert "the person"                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 to Amendment No. 2 be adopted.                                                      
                                                                                                    
Representative Weyhrauch placed a call of the House on the bill.                                    
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
There being no objection to Amendment No. 1 to Amendment No. 2,                                     
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 2 to Amendment No. 2 as amended was offered by                                        
Representative Kerttula:                                                                            
                                                                                                    
Following "crime, then":                                                                            
 Delete all material and insert:                                                                    
 "it is within the discretion of the court to determine that this is a                              
civil matter punishable by a civil fine of not more than $1,000.00."                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 to Amendment No. 2 as amended be adopted.                                           
There being no objection, it was so ordered.                                                        
                                                                                                    
There being no further objection, Amendment No. 2 as amended was                                    
adopted.                                                                                            
                                                                                                    
Representative Gara moved and asked unanimous consent that HCS                                      
CSSB 3005(JUD) am H be returned to second reading for the specific                                  
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    
Page 4, following line 3:                                                                           
 Insert a new subsection to read:                                                                   
         "(g) A person may not be detained or prosecuted under this                                 
    section unless the jurisdiction where the person is detained has a                              
    policy in place to protect witnesses from the danger of physical                                

2006-08-06                     House Journal                      Page 4345
    injury in retaliation for that person acting or being listed as a                               
    potential witness to the crime being investigated, and the                                      
    protections in that policy are made available to the detained                                   
    person."                                                                                        
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 3005(JUD) am H                                                                             
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Guttenberg,                                
Joule, Kapsner, Kerttula, Kohring, Salmon, Seaton, Thomas                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gardner,                                     
Gatto, Gruenberg, Harris, Hawker, Holm, Kelly, Kott, LeDoux, Lynn,                                  
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                           
Stoltze, Weyhrauch, Wilson                                                                          
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
The question being:  "Shall HCS CSSB 3005(JUD) am H pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 3005(JUD) am H                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Joule, Kapsner, Kott, LeDoux, Lynn,                                     
McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels,                                           
Thomas, Wilson                                                                                      
                                                                                                    

2006-08-06                     House Journal                      Page 4346
Nays:  Coghill, Holm, Kelly, Kerttula, Kohring, Neuman, Seaton,                                     
Stoltze, Weyhrauch                                                                                  
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, HCS CSSB 3005(JUD) am H 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 Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 3005(JUD) am H.                                                                         
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 3005                                                                                           
Representative Berkowitz moved and asked unanimous consent that                                     
reconsideration of HCS CSSB 3005(JUD) am H be taken up on the                                       
same day.  There being no objection, it was so ordered.                                             
                                                                                                    
HCS CSSB 3005(JUD) am H was again before the House in third                                         
reading.                                                                                            
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 3005(JUD) am H                                    
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 3005(JUD) am H--RECONSIDERATION                                                            
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris,                                 
Hawker, Joule, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer,                                         
Olson, Ramras, Rokeberg, Samuels, Thomas, Wilson                                                    
                                                                                                    
Nays:  Coghill, Guttenberg, Holm, Kelly, Kerttula, Kohring, Neuman,                                 
Salmon, Seaton, Stoltze, Weyhrauch                                                                  
                                                                                                    

2006-08-06                     House Journal                      Page 4347
Excused:  Moses                                                                                     
                                                                                                    
And so, HCS CSSB 3005(JUD) am H passed the House on                                                 
reconsideration.                                                                                    
                                                                                                    
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.                                
                                                                                                    
HCS CSSB 3005(JUD) am H was referred to the Chief Clerk for                                         
engrossment.                                                                                        
                                                                                                    
                                                                                                    
HB 3001                                                                                           
Representative Berkowitz brought up reconsideration of the vote on                                  
CSHB 3001(FIN) (page 4338).                                                                         
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 3001(FIN)                                                                 
    "An Act relating to the production tax on oil and gas and to                                    
    conservation surcharges on oil; relating to criminal penalties for                              
    violating conditions governing access to and use of confidential                                
    information relating to the production tax; amending the definition                             
    of 'gas' as that definition applies in the Alaska Stranded Gas                                  
    Development Act; making conforming amendments; and                                              
    providing for an effective date."                                                               
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question to be reconsidered:  "Shall CSHB 3001(FIN) pass the                                    
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 3001(FIN)--RECONSIDERATION                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2006-08-06                     House Journal                      Page 4348
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn,                                    
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Kerttula, Kohring                                                                       
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, CSHB 3001(FIN) passed the House on reconsideration.                                         
                                                                                                    
                                                                                                    
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.                                                                              
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CSHB 3001(FIN)--RECONSIDERATION                                                                     
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  31   NAYS:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Gardner, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kott,                                  
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kerttula, Kohring                                                                                   
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
CSHB 3001(FIN) was referred to the Chief Clerk for engrossment.                                     
                                                                                                    

2006-08-06                     House Journal                      Page 4349
                              ENGROSSMENT                                                        
                                                                                                    
HB 3001                                                                                           
CSHB 3001(FIN) was engrossed and signed by the Speaker and Chief                                    
Clerk.                                                                                              
                                                                                                    
SB 3005                                                                                           
HCS CSSB 3005(JUD) am H was engrossed and signed by the                                             
Speaker and Chief Clerk.                                                                            
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published under separate cover.                                       
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., August 7, 2006, for a technical                                     
session.  There being no objection, the House adjourned at 4:47 p.m.                                
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk