Legislature(2007 - 2008)

2007-01-25 House Journal

Full Journal pdf

2007-01-25                     House Journal                      Page 0103
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                         TWENTY-FIFTH LEGISLATURE                                                                            
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday              January 25, 2007                                                       
                                                                                                                                
                                Tenth Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:05 a.m.                                                                                                            
                                                                                                                                
Roll call showed 32 members present.  Representatives Gatto,                                                                    
Kohring, LeDoux, Salmon, and Wilson had been excused from a call                                                                
of the House today.  Representative Stoltze was absent and his                                                                  
presence was noted later.  Representative Chenault was absent.                                                                  
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Coghill be excused from a call of the House today.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Nancy Campbell.                                                                     
Representative Dahlstrom moved and asked unanimous consent that                                                                 
the invocation be spread on the journal.  There being no objection, it                                                          
was so ordered.                                                                                                                 
                                                                                                                                
      With respect for the religious beliefs of each person here, I                                                            
     offer the following prayer.                                                                                                
                                                                                                                                
     Dear Heavenly Father,                                                                                                      
                                                                                                                                
     You are God in heaven and we are here on earth, so let our                                                                 
     words be few and the words we do need to speak meaningful.                                                                 
     Give us this day, strength for the tasks that lie ahead and                                                                
     quicken us by your spirit.  Be merciful to us and bless us.                                                                
     Cause your face to shine upon us.  Fill this place with your                                                               

2007-01-25                     House Journal                      Page 0104
         light as these Representatives move forward in this new                                                               
     legislative session.  Thank you, Lord, Amen.                                                                               
                                                                                                                                
The Pledge of Allegiance was led by Representative Joule.                                                                       
                                                                                                                                
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
journal for the ninth legislative day be approved as certified by the                                                           
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Doll introduced Lindsay Birk, Guest Page, from                                                                   
Juneau.                                                                                                                         
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
A message dated January 24, 2007, was read stating the Senate                                                                   
accepted the invitation to meet in joint session in the House Chamber                                                           
at 11:00 a.m., April 26 to hear an address by the Honorable Ted                                                                 
Stevens, U.S. Senator.                                                                                                          
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
National Pollutant Discharge Elimination System                                                                                 
Progress Report                                                                                                                 
January 24, 2007                                                                                                                
(as required by Chapter No. 95, SLA 2005)                                                                                       
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
The Judiciary Committee reviewed the qualifications of the following                                                            
and recommends the appointments be forwarded to the House for                                                                   
ratification:                                                                                                                   
                                                                                                                                

2007-01-25                     House Journal                      Page 0105
                              Ann Rabinowitz                                                                                   
                             H. Conner Thomas                                                                                  
                              Gary J. Turner                                                                                   
                                                                                                                                
as members of the Select Committee on Legislative Ethics.                                                                       
                                                                                                                                
The reports were signed by Representative Ramras, Chair; and                                                                    
Representatives Gruenberg, Lynn, Coghill, Dahlstrom, and Holmes.                                                                
                                                                                                                                
HB 25                                                                                                                         
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 25                                                                                                          
     "An Act relating to landowners' immunity for allowing use of land                                                          
     without charge for a recreational activity; relating to landowners'                                                        
     liability where landowner conduct involves gross negligence or                                                             
     reckless or intentional misconduct; relating to claims of adverse                                                          
     possession and prescriptive easements, or similar claims; and                                                              
     providing for an effective date."                                                                                          
                                                                                                                                
The report was signed by Representatives Johnson and Gatto, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (8):  Guttenberg, Edgmon, Seaton, Kawasaki, Wilson, Roses,                                                              
Johnson, Gatto                                                                                                                  
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 25 was referred to the Judiciary Committee.                                                                                  
                                                                                                                                
HB 69                                                                                                                         
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 69                                                                                                          
     "An Act relating to executive clemency."                                                                                   
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                

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     CS FOR HOUSE BILL NO. 69(JUD)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Gruenberg, Lynn, Dahlstrom, Samuels, Holmes, Ramras                                                               
                                                                                                                                
No recommendation (1):  Coghill                                                                                                 
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 69(JUD):                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Corrections                                                                                                  
3.  Zero, Office of the Governor                                                                                                
4.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 69 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 76                                                                                                                         
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 76                                                                                                          
    "An Act relating to the creation of a civil legal services fund."                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 76(JUD)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Gruenberg, Holmes, Ramras                                                                                         
                                                                                                                                
No recommendation (3):  Dahlstrom, Lynn, Coghill                                                                                
                                                                                                                                

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The following fiscal note(s) apply to CSHB 76(JUD):                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 76 was referred to the Finance Committee.                                                                                    
                                                                                                                                
**The presence of Representative Stoltze was noted.                                                                             
                                                                                                                                
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Bruce Wilson                                                                                                         
By Representatives Stoltze, Fairclough                                                                                          
                                                                                                                                
Honoring - Ed Knoebel, National Citation for Meritorious Service and                                                            
the 2005 Governor's Veterans Advocacy Award                                                                                     
By Representative Harris                                                                                                        
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 5                                                                                                                         
HOUSE JOINT RESOLUTION NO. 5 by Representative Kelly:                                                                           
                                                                                                                                
     Proposing amendments to the Constitution of the State of Alaska                                                            
     limiting appropriations from certain mineral revenue, relating to                                                          
     the balanced budget account, and relating to an appropriation                                                              
     limit.                                                                                                                     
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Ways & Means and the Judiciary and Finance Committees.                                                                          
                                                                                                                                
HJR 6                                                                                                                         
HOUSE JOINT RESOLUTION NO. 6 by Representatives Crawford                                                                        
and Harris:                                                                                                                     
                                                                                                                                

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     Proposing amendments to the Constitution of the State of Alaska                                                            
     relating to the office of attorney general.                                                                                
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 108                                                                                                                        
HOUSE BILL NO. 108 by the House Labor and Commerce                                                                              
Committee, entitled:                                                                                                            
                                                                                                                                
     "An Act extending the termination date for the Board of Marine                                                             
     Pilots; and providing for an effective date."                                                                              
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 109                                                                                                                        
HOUSE BILL NO. 109 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to the requirement for candidates, groups,                                                                
     legislators, public officials, and other persons to submit reports                                                         
     electronically to the Alaska Public Offices Commission; relating                                                           
     to disclosures by legislators, public members of the Select                                                                
     Committee on Legislative Ethics, legislative directors, public                                                             
     officials, and certain candidates for public office concerning                                                             
     services performed for compensation and concerning certain                                                                 
     income, gifts, and other financial matters; requiring legislators,                                                         
     public members of the Select Committee on Legislative Ethics,                                                              
     legislative directors, public officials, and municipal officers to                                                         
     make certain financial disclosures when they leave office; relating                                                        
     to insignificant ownership interest in a business and to gifts from                                                        
     lobbyists for purposes of the Alaska Executive Branch Ethics Act;                                                          
     relating to certain restrictions on employment after leaving state                                                         
     service for purposes of the Alaska Executive Branch Ethics Act;                                                            
     and providing for an effective date."                                                                                      
                                                                                                                                

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was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
The Governor's transmittal letter dated January 24, 2007, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill relating to reports to the Alaska Public Offices                                                            
Commission and relating to the Alaska Executive Branch Ethics Act.                                                              
                                                                                                                                
This bill would (1) generally require candidates, groups, legislators,                                                          
public officials, and others to submit required reports electronically to                                                       
the Alaska Public Offices Commission; (2) require legislators and                                                               
other public officials to make financial disclosures when they leave                                                            
office; (3) require candidates, legislators, and other public officials to                                                      
disclose information about services performed for compensation and                                                              
about certain income, gifts, and other financial matters; (4) establish a                                                       
presumption that an interest of less than $5,000 in a business is an                                                            
"insignificant" interest for purposes of the Alaska Executive Branch                                                            
Ethics Act; (5) establish a presumption that gifts from a lobbyist to a                                                         
public officer and the public officer's immediate family members are                                                            
prohibited under the Alaska Executive Branch Ethics Act, unless the                                                             
lobbyist is an immediate family member of the gift recipient; and (6)                                                           
tighten certain restrictions on employment after leaving state service                                                          
for purposes of the Alaska Executive Branch Ethics Act.                                                                         
                                                                                                                                
The public's confidence in its government and governmental officials                                                            
is essential.  This bill would foster the openness in government that I                                                         
have advocated as one means to increase that confidence.                                                                        
                                                                                                                                
In preparing this bill, I have taken into consideration the advice and                                                          
counsel of numerous individual Alaskans.  The issues addressed by the                                                           
provisions within this bill have largely been publicly discussed, and                                                           
may even be addressed in other bills currently pending in the                                                                   

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Legislature.  For example, provisions to establish a presumption                                                                
regarding "insignificant" interests were addressed in legislation last                                                          
year that passed the Senate and moved all the way to the House Rules                                                            
Committee.                                                                                                                      
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 63                                                                                                                         
Representatives Kerttula and Gara added their names as cosponsors to:                                                           
                                                                                                                                
         HOUSE BILL NO. 63                                                                                                      
         "An Act relating to the alternative energy grant fund and to                                                           
         alternative energy grants."                                                                                            
                                                                                                                                
HB 65                                                                                                                         
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 65                                                                                                          
     "An Act relating to breaches of security involving personal                                                                
     information, credit report and credit score security freezes,                                                              
     consumer credit monitoring, credit accuracy, protection of social                                                          
     security numbers, care of records, disposal of records, identity                                                           
     theft, furnishing consumer credit header information, credit cards,                                                        
     and debit cards, and to the jurisdiction of the office of                                                                  
     administrative hearings; amending Rule 60, Alaska Rules of Civil                                                           
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
HB 69                                                                                                                         
Representative Holmes added her name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 69                                                                                                          
     "An Act relating to executive clemency."                                                                                   
                                                                                                                                

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HB 76                                                                                                                         
Representative Holmes added her name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 76                                                                                                          
    "An Act relating to the creation of a civil legal services fund."                                                          
                                                                                                                                
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 11:00 a.m., January 29, 2007.  There being no                                                               
objection, the House adjourned at 10:25 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk                                                                        

2007-01-25                     House Journal                      Page 0112
                           HOUSE JOURNAL INDEX                                                                               
                                                                                                                                
HB  25  105                                                                                                                     
HB  63  110                                                                                                                     
HB  65  110                                                                                                                     
HB  69         105-106, 110                                                                                                     
HB  76         106-107, 111                                                                                                     
HB 108         108                                                                                                              
HB 109         108-110                                                                                                          
                                                                                                                                
HJR  5         107                                                                                                              
HJR  6         107-108