Legislature(2007 - 2008)

2007-02-07 House Journal

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2007-02-07                     House Journal                      Page 0171
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-FIFTH LEGISLATURE                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday              February 7, 2007                                                        
                                                                                                                                
                           Twenty-third Day                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:08 a.m.                                                                                                            
                                                                                                                                
Roll call showed 36 members present.  Representatives Cissna and                                                                
Kerttula had been excused from a call of the House today.                                                                       
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Dahlstrom's excused absence (page 141) be extended                                                               
to morning plane time, February 12.  There being no objection, it was                                                           
so ordered.                                                                                                                     
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Nelson be excused from a call of the House to                                                                    
1:00 p.m., today.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Mike Rose of                                                                 
Juneau Christian Center.  Representative Gruenberg 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, I                                                           
    offer the following prayer.                                                                                                 
                                                                                                                                
    Heavenly Father, thank you for this beautiful day and for this                                                              
    opportunity to live in this great nation, one nation under God                                                              
    with liberty and justice for all.  It is my prayer today that you                                                           
    would intervene on our behalf and in our affairs, that your                                                                 
    kingdom would come and your will would be done on earth,                                                                    
    in our state, even as it is in heaven.  I ask that your wisdom,                                                             

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    understanding, and guidance would be granted to our                                                                         
    governor and all the leadership in the House today.  Lord, I                                                                
    pray that your blessing and protection would be upon all the                                                                
    families of our state leaders today.  On this day may the words                                                             
    of our mouths and the meditations of our hearts be acceptable                                                               
    in your sight.  I ask all of these things in your name.  Amen.                                                              
                                                                                                                                
The Pledge of Allegiance was led by Representative Kawasaki.                                                                    
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                   stnd                                                                                                         
journal for the 21 and 22 legislative days be approved as certified                                                             
by the Chief Clerk.  There being no objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                      MESSAGES FROM THE GOVERNOR                                                                             
                                                                                                                                
A letter dated February 6, 2007, was read stating that, in accordance                                                           
with Article III, Section 25 of the Alaska Constitution, the Governor                                                           
submits the following names for legislative confirmation to the                                                                 
positions noted.                                                                                                                
                                                                                                                                
The Speaker referred the appointments as follows:                                                                               
                                                                                                                                
Commissioner - Department of Administration                                                                                   
    Ms. Annette Kreitzer                                                                                                        
                                                                                                                                
was referred to the State Affairs Committee.                                                                                    
                                                                                                                                
Commissioner - Department of Commerce, Community, and                                                                         
Economic Development                                                                                                          
    Mr. Emil Notti                                                                                                              
                                                                                                                                
was referred to the Community & Regional Affairs and Labor &                                                                    
Commerce Committees.                                                                                                            
                                                                                                                                
Commissioner - Department of Corrections                                                                                      
    Mr. Joe Schmidt                                                                                                             
                                                                                                                                

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was referred to the State Affairs Committee.                                                                                    
                                                                                                                                
Commissioner - Department of Environmental Conservation                                                                       
    Mr. Larry Hartig                                                                                                            
                                                                                                                                
was referred to the Resources Committee.                                                                                        
                                                                                                                                
Commissioner - Department of Fish and Game                                                                                    
    Mr. Denby Lloyd                                                                                                             
                                                                                                                                
was referred to the House Special Committee on Fisheries and the                                                                
Resources Committee.                                                                                                            
                                                                                                                                
Commissioner - Department of Health and Social Services                                                                       
    Ms. Karleen Jackson                                                                                                         
                                                                                                                                
was referred to the Health, Education & Social Services and Finance                                                             
Committees.                                                                                                                     
                                                                                                                                
Commissioner - Department of Labor and Workforce                                                                              
Development                                                                                                                   
    Mr. Clark "Click" Bishop                                                                                                    
                                                                                                                                
was referred to the Labor & Commerce Committee.                                                                                 
                                                                                                                                
Attorney General - Department of Law                                                                                          
    Mr. Talis Colberg                                                                                                           
                                                                                                                                
was referred to the Judiciary Committee.                                                                                        
                                                                                                                                
Commissioner / The Adjutant General - Department of Military                                                                  
and Veterans' Affairs                                                                                                         
    Major General Craig E. Campbell                                                                                             
                                                                                                                                
was referred to the House Special Committee on Military & Veterans'                                                             
Affairs and the State Affairs Committee.                                                                                        
                                                                                                                                
Commissioner - Department of Public Safety                                                                                    
    Mr. Walt Monegan                                                                                                            
                                                                                                                                

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was referred to the State Affairs Committee.                                                                                    
                                                                                                                                
Commissioner - Department of Revenue                                                                                          
    Mr. Patrick Galvin                                                                                                          
                                                                                                                                
was referred to the Finance Committee.                                                                                          
                                                                                                                                
Commissioner - Department of Transportation and Public                                                                        
Facilities                                                                                                                    
    Mr. Leo von Scheben                                                                                                         
                                                                                                                                
was referred to the Transportation Committee.                                                                                   
                                                                                                                                
The letter further stated that, in accordance with AS 44.19.040 and                                                             
Article III, Section 13 of the Alaska Constitution, the Governor                                                                
submits the following name for legislative confirmation of the                                                                  
appointment to the position noted.                                                                                              
                                                                                                                                
Lieutenant Governor Designee                                                                                                  
    Mr. Talis Colberg                                                                                                           
                                                                                                                                
was referred to the State Affairs Committee.                                                                                    
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 21                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 21                                                                                                           
    "An Act relating to the proper disposal of the state flag."                                                                 
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 21(STA)                                                                                               
    "An Act relating to the state flag; and relating to the proper                                                              
    retirement of an official state flag."                                                                                      
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                

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Do pass (6):  Johansen, Roses, Gruenberg, Coghill, Doll, Lynn                                                                   
                                                                                                                                
The following fiscal note(s) apply to CSHB 21(STA):                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 21 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HB 25                                                                                                                         
The Judiciary 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 Representative Samuels, Acting Chair, with                                                             
the following individual recommendations:                                                                                       
                                                                                                                                
Do pass (1):  Lynn                                                                                                              
                                                                                                                                
No recommendation (3):  Gruenberg, Holmes, Samuels                                                                              
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 25 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HB 40                                                                                                                         
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 40                                                                                                           
    "An Act relating to voluntary land trades, purchases, and leases to                                                         
    enhance public access to certain streams for fishing, hunting, and                                                          
    recreational activities."                                                                                                   
                                                                                                                                

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and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 40(RES)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Gatto and Johnson, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (6):  Edgmon, Wilson, Roses, Kawasaki, Gatto, Johnson                                                                   
                                                                                                                                
The following fiscal note(s) apply to CSHB 40(RES):                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Fish & Game                                                                                                
2.  Fiscal, Dept. of Natural Resources                                                                                          
                                                                                                                                
HB 40 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                                                                                                                                
HB 48                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 48                                                                                                           
    "An Act amending the powers of the board of trustees of the                                                                 
    Alaska Retirement Management Board to authorize purchase and                                                                
    sale of transferable tax credit certificates issued in conjunction                                                          
    with the production tax on oil and gas; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 48(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Johansen, Roses, Lynn                                                                                             
                                                                                                                                
No recommendation (2):  Coghill, Doll                                                                                           
                                                                                                                                

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The following fiscal note(s) apply to CSHB 48(STA):                                                                             
                                                                                                                                
1.  Indeterminate, Dept. of Revenue                                                                                             
                                                                                                                                
HB 48 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Alan M. Bishop                                                                                                    
By Representative Olson; Senator Wagoner                                                                                        
                                                                                                                                
In Memoriam - Joseph W. Dilley                                                                                                  
By Representative Olson; Senator Wagoner                                                                                        
                                                                                                                                
In Memoriam - Elsie Rose Perrin Mellott "Dash to Aan"                                                                           
By Representative Thomas; Senator Kookesh                                                                                       
                                                                                                                                
In Memoriam - Annie Cessnun                                                                                                     
By Representative Johansen; Senator Stedman                                                                                     
                                                                                                                                
In Memoriam - Howard Anderson                                                                                                   
By Senator Stevens; Representative LeDoux                                                                                       
                                                                                                                                
In Memoriam - Stanton Oswald Katchatag                                                                                          
By Senator Olson; Representative Foster                                                                                         
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HJR 8                                                                                                                         
HOUSE JOINT RESOLUTION NO. 8 by Representatives Thomas,                                                                         
Samuels, and Wilson:                                                                                                            
                                                                                                                                
    Opposing the enactment by the Washington State Legislature of a                                                             
    bill proposing to impose a fee on the processing of shipping                                                                
    containers in the State of Washington because of the negative                                                               
    impact of the fee on the people and the economy of this state.                                                             
                                                                                                                                

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was read the first time and referred to the Transportation and Labor &                                                          
Commerce Committees.                                                                                                            
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 120                                                                                                                        
HOUSE BILL NO. 120 by Representatives Fairclough, Harris,                                                                       
Samuels, Roses, Hawker, Meyer, Kelly, Seaton, Johnson, Lynn, Gatto,                                                             
Gardner, Neuman, Edgmon, Chenault, Dahlstrom, LeDoux, Crawford,                                                                 
Gruenberg, Doogan, Doll, Wilson, Olson, Nelson, Joule, Holmes,                                                                  
Buch, Thomas, Kohring, Coghill, Kawasaki, Foster, and Gara,                                                                     
entitled:                                                                                                                       
                                                                                                                                
    "An Act extending the Council on Domestic Violence and Sexual                                                               
    Assault; and providing for an effective date."                                                                              
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Finance Committees.                                                                                                
                                                                                                                                
HB 121                                                                                                                        
HOUSE BILL NO. 121 by Representative Wilson, entitled:                                                                          
                                                                                                                                
    "An Act relating to release of information in individual workers'                                                           
    compensation records; and providing for an effective date."                                                                 
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
HB 122                                                                                                                        
HOUSE BILL NO. 122 by Representatives Doogan, Gara, Kerttula,                                                                   
Kawasaki, Cissna, Holmes, Gardner, Buch, Crawford, Guttenberg,                                                                  
Doll, and Nelson, entitled:                                                                                                     
                                                                                                                                
    "An Act relating to the advisory vote on employment benefits for                                                            
    same-sex partners of public employees and same-sex partners of                                                              
    public employee retirees; and providing for an effective date."                                                            
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                

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HB 123                                                                                                                        
HOUSE BILL NO. 123 by Representative Crawford, entitled:                                                                        
                                                                                                                                
    "An Act raising the age for purchase, sale, exchange, or                                                                    
    possession of tobacco to age 21."                                                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 124                                                                                                                        
HOUSE BILL NO. 124 by Representative Nelson, entitled:                                                                          
                                                                                                                                
    "An Act relating to intensive services education funding."                                                                  
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Finance Committees.                                                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Samuels 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 - Captain Robert L. Lachowsky on the Occasion of his                                                                   
Retirement                                                                                                                      
By Senator Stevens; Representatives LeDoux, Harris, Chenault,                                                                   
Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough,                                                                 
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes,                                                                    
Johansen, Joule, Kawasaki, Kelly, Kerttula, Kohring, Lynn, Meyer,                                                               
Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton,                                                                  
Stoltze, Thomas, Wilson                                                                                                         
                                                                                                                                
Honoring - Soldotna High School Football Team, 2006 Small-School                                                                
State Champions                                                                                                                 
By Senator Wagoner; Representatives Olson, Harris, Chenault, Cissna,                                                            
Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara,                                                                   
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                
Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer,                                                                 
Nelson, Neuman, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze,                                                                
Thomas, Wilson                                                                                                                  

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In Memoriam - William D. Devine                                                                                                 
By Representatives Roses, Harris, Chenault, Cissna, Coghill,                                                                    
Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara,                                                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                
Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer,                                                                 
Nelson, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze,                                                                
Thomas, Wilson                                                                                                                  
                                                                                                                                
In Memoriam - Marjorie Linder                                                                                                   
By Representatives Meyer, LeDoux, Harris, Chenault, Cissna, Coghill,                                                            
Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara,                                                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                
Joule, Kawasaki, Kelly, Kerttula, Kohring, Lynn, Nelson, Neuman,                                                                
Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas,                                                                 
Wilson                                                                                                                          
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                
Representative Johansen - from 7:00 a.m., February 9 to evening plane                                                           
time, February 11                                                                                                               
                                                                                                                                
Representative LeDoux - from 6:30 p.m., February 7 to evening plane                                                             
time, February 11                                                                                                               
                                                                                                                                
Representative Neuman - from 7:00 p.m., February 9 to morning plane                                                             
time, February 12                                                                                                               
                                                                                                                                
Representative Ramras - from 2:00 p.m., February 9 to morning plane                                                             
time, February 12                                                                                                               
                                                                                                                                
HB 18                                                                                                                         
Representative Gara 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                                                                  

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    repayment provisions for medical education and postsecondary                                                                
    degree program participants."                                                                                               
                                                                                                                                
HB 74                                                                                                                         
Representative Wilson added her name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 74                                                                                                           
    "An Act prohibiting mixing zones in freshwater spawning waters."                                                            
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 10:00 a.m., February 8, 2007.  There being no                                                               
objection, the House adjourned at 10:42 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk