Legislature(2007 - 2008)

2007-01-30 House Journal

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2007-01-30                     House Journal                      Page 0123
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                         TWENTY-FIFTH LEGISLATURE                                                                            
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Tuesday              January 30, 2007                                                       
                                                                                                                                
                              Fifteenth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker pro tempore Samuels at                                                                 
11:01 a.m.                                                                                                                      
                                                                                                                                
Roll call showed 29 members present.  Representatives Buch, Cissna,                                                             
Dahlstrom, Harris, Hawker, Kohring, Meyer, Neuman, and Roses                                                                    
were excused from a call of the House today due to delayed flights.                                                             
Representative Ramras was absent and his presence was noted later.                                                              
Representative Stoltze was absent.                                                                                              
                                                                                                                                
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Dan Wanders of                                                               
Aldersgate United Methodist Church.  Representative Coghill moved                                                               
and asked unanimous consent that the invocation be spread on the                                                                
journal.  There being no objection, it was so ordered.                                                                          
                                                                                                                                
     With deepest respect for the religious beliefs of all Alaskans,                                                            
     we offer the following prayer.                                                                                             
                                                                                                                                
     Compassionate God, we are thankful for the spirit of service                                                               
     in this House and for the wisdom and skills that these                                                                     
     legislators bring to the tasks before them.  We pray that                                                                  
     compassion and courage, trust and truth, sensitivity and                                                                   
     sincerity will be marks of deliberations in this body, and that                                                            
     these elected leaders will find satisfaction in their                                                                      
     accomplishments and happiness beyond what they expect.                                                                     
     Amen.                                                                                                                      
                                                                                                                                

2007-01-30                     House Journal                      Page 0124
The Pledge of Allegiance was led by Representative Seaton.                                                                      
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Foster, Acting Majority Leader, moved and asked                                                                  
                                                ththththth                                                                      
unanimous consent that the journal for the 10, 11, 12, 13, and 14                                                               
legislative days be approved as certified by the Chief Clerk.  There                                                            
being no objection, it was so ordered.                                                                                          
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Alaska Commercial Fishing & Agriculture Bank                                                                                    
2006 Annual Report                                                                                                              
(as required by AS 44.81.200)                                                                                                   
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Alaska Industrial Development & Export Authority                                                                                
Alaska Energy Authority                                                                                                         
Annual Capital Project Status Report                                                                                            
(as required by AS 44.83.950)                                                                                                   
                                                                                                                                
Dept. of Commerce, Community, & Economic Development                                                                            
Alaska Industrial Development & Export Authority                                                                                
Annual Review of Assets                                                                                                         
(as required by AS 44.88.205)                                                                                                   
                                                                                                                                
Dept. of Environmental Conservation                                                                                             
Alaska Drinking Water and Clean Water                                                                                           
Annual Loan Funds Report FY 2006                                                                                                
(as required by AS 37.05.035 and AS 46.03.032)                                                                                  
                                                                                                                                
Office of the Governor                                                                                                          
Office of Management and Budget                                                                                                 
Department Fee Reports                                                                                                          
(as required by AS 37.10.050)                                                                                                   
                                                                                                                                
**The presence of Representative Ramras was noted.                                                                              
                                                                                                                                

2007-01-30                     House Journal                      Page 0125
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 34                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 34                                                                                                          
     "An Act relating to sales of wine by a winery licensee."                                                                   
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Gardner, Gatto, Ramras, LeDoux, Olson                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
HB 34 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                                                                                                                                
HB 37                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 37                                                                                                          
     "An Act establishing the first Saturday of every March as Susan                                                            
     Butcher Day."                                                                                                              
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Johnson, Johansen, Gruenberg, Doll, Coghill, Lynn                                                                 
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 37 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                

2007-01-30                     House Journal                      Page 0126
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
                          th                                                                                                    
Honoring - Barrow, 125 Anniversary, International Polar Year                                                                    
By Representative Joule                                                                                                         
                                                                                                                                
                                                                                                                                
In Memoriam - Cpl. Brendan Jon Smart                                                                                            
By Representatives Dahlstrom, Doogan                                                                                            
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 7                                                                                                                         
HOUSE JOINT RESOLUTION NO. 7 by Representative Gatto:                                                                           
                                                                                                                                
     Proposing amendments to the Constitution of the State of Alaska                                                            
     to avoid the use of personal pronouns and similar references that                                                          
     denote masculine or feminine gender in that document.                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 110                                                                                                                        
HOUSE BILL NO. 110 by the House Labor and Commerce                                                                              
Committee, entitled:                                                                                                            
                                                                                                                                
     "An Act extending the termination date for the Regulatory                                                                  
     Commission of Alaska; and providing for an effective date."                                                                
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                

2007-01-30                     House Journal                      Page 0127
HB 111                                                                                                                        
HOUSE BILL NO. 111 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act decreasing the fee for a business license; and providing                                                           
     for an effective date."                                                                                                    
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Office of the Governor                                                                                              
                                                                                                                                
The Governor's transmittal letter dated January 25, 2007, follows:                                                              
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill decreasing the fee for a business license to the level                                                      
in place before the increase was enacted in 2003.                                                                               
                                                                                                                                
Current law imposes a fee of $100.00 for each new business license,                                                             
except that the fee is $50.00 if the business is a sole proprietorship,                                                         
owned by a sole proprietor, who is 65 years of age or older.                                                                    
                                                                                                                                
The enclosed bill decreases the fee to $25.00 for all business licenses,                                                        
effective October 1, 2008.                                                                                                      
                                                                                                                                
The bill is necessary to show that Alaska is open and ready to attract                                                          
and retain business in this state.                                                                                              
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                

2007-01-30                     House Journal                      Page 0128
HB 112                                                                                                                        
HOUSE BILL NO. 112 by Representative Crawford, entitled:                                                                        
                                                                                                                                
     "An Act relating to the video recording and audio recording by a                                                           
     business of the inside or outside of its business location."                                                               
                                                                                                                                
was read the first time and referred to the Labor & Commerce,                                                                   
Judiciary, and Finance Committees.                                                                                              
                                                                                                                                
HB 113                                                                                                                        
HOUSE BILL NO. 113 by Representatives Samuels, Thomas,                                                                          
Kawasaki, and Gruenberg, entitled:                                                                                              
                                                                                                                                
     "An Act relating to the prescription and use of pharmaceutical                                                             
     agents, including controlled substances, by optometrists."                                                                 
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Labor & Commerce Committees.                                                                                       
                                                                                                                                
HB 114                                                                                                                        
HOUSE BILL NO. 114 by the House Labor and Commerce                                                                              
Committee, entitled:                                                                                                            
                                                                                                                                
     "An Act extending the termination date for the State Medical                                                               
     Board; and providing for an effective date."                                                                               
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Finance Committees.                                                                                                
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 69                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 69                                                                                                          
     "An Act relating to executive clemency."                                                                                   
                                                                                                                                

2007-01-30                     House Journal                      Page 0129
with the:                                                    Journal Page                                                       
                                                                                                                                
 JUD RPT CS(JUD) 6DP 1NR                                               105                                                      
 FN1: ZERO(ADM)                                                        106                                                      
 FN2: ZERO(COR)                                                        106                                                      
 FN3: ZERO(GOV)                                                        106                                                      
 FN4: ZERO(LAW)                                                        106                                                      
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 69(JUD)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
Representative Foster moved and asked unanimous consent that                                                                    
CSHB 69(JUD) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 69(JUD) was read the third time.                                                                                           
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 69(JUD) pass the House?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 69(JUD)                                                                                                                    
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  30   NAYS:  0   EXCUSED:  9   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Chenault, Coghill, Crawford, Doll, Doogan, Edgmon,                                                                       
Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                                                
Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula,                                                                    
LeDoux, Lynn, Nelson, Olson, Ramras, Salmon, Samuels, Seaton,                                                                   
Thomas, Wilson                                                                                                                  
                                                                                                                                
Excused:  Buch, Cissna, Dahlstrom, Harris, Hawker, Kohring, Meyer,                                                              
Neuman, Roses                                                                                                                   
                                                                                                                                

2007-01-30                     House Journal                      Page 0130
Absent:  Stoltze                                                                                                                
                                                                                                                                
And so, CSHB 69(JUD) passed the House and was referred to the                                                                   
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Bruce Wilson                                                                                                         
By Representatives Stoltze, Fairclough, Harris, Chenault, Cissna,                                                               
Crawford, Dahlstrom, Doll, Gara, Gruenberg, Guttenberg, Hawker,                                                                 
Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula,                                                                    
LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                                      
Salmon, Samuels, Seaton, Thomas, Wilson                                                                                         
                                                                                                                                
Honoring - Ed Knoebel, National Citation for Meritorious Service and                                                            
the 2005 Governor's Veterans Advocacy Award                                                                                     
By Representatives Harris, Chenault, Cissna, Crawford, Dahlstrom,                                                               
Doll, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Hawker,                                                                 
Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula,                                                                    
LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Pursuant to AS 24.65.020, Speaker pro tempore Samuels appointed the                                                             
following members to meet with appointees from the Senate to form                                                               
the victims' advocate selection committee:                                                                                      
                                                                                                                                
     Representative Hawker                                                                                                      
     Representative Olson                                                                                                       
     Representative Nelson                                                                                                      
                                                                                                                                
HB 46                                                                                                                         
Representative Olson moved and asked unanimous consent to                                                                       
withdraw the following:                                                                                                         
                                                                                                                                

2007-01-30                     House Journal                      Page 0131
     HOUSE BILL NO. 46                                                                                                          
     "An Act extending the termination date for the Regulatory                                                                  
     Commission of Alaska; and providing for an effective date."                                                                
                                                                                                                                
There being no objection, HB 46 was withdrawn.                                                                                  
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
following member be excused from a call of the House.  There being                                                              
no objection, the member was excused as noted:                                                                                  
                                                                                                                                
Representative Kerttula - from 6:00 a.m., January 31 to evening plane                                                           
time, February 12                                                                                                               
                                                                                                                                
HB 18                                                                                                                         
Representative Kawasaki added his name as cosponsor to:                                                                         
                                                                                                                                
     HOUSE BILL NO. 18                                                                                                          
     "An Act amending the functions and powers of the Alaska                                                                    
     Commission on Postsecondary Education; and relating to the                                                                 
     repayment provisions for medical education and postsecondary                                                               
     degree program participants."                                                                                              
                                                                                                                                
HB 25                                                                                                                         
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
     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."                                                                                          
                                                                                                                                
HB 69                                                                                                                         
Representatives Gardner, LeDoux, Seaton, and Nelson added their                                                                 
names as cosponsors to:                                                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 69(JUD)                                                                                              
     "An Act relating to executive clemency."                                                                                   
                                                                                                                                

2007-01-30                     House Journal                      Page 0132
                               ENGROSSMENT                                                                                   
                                                                                                                                
HB 69                                                                                                                         
CSHB 69(JUD) was engrossed, signed by the Speaker and Chief Clerk                                                               
and transmitted to the Senate for consideration.                                                                                
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
The following meeting today was changed:                                                                                        
                                                                                                                                
House Special Committee on Economic Development, Trade, &                                                                       
Tourism                                                     CANCELED                                                            
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
House adjourn until 10:00 a.m., January 31, 2007.  There being no                                                               
objection, the House adjourned at 11:26 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk