Legislature(2007 - 2008)
2007-02-08 House Journal
Full Journal pdf2007-02-08 House Journal Page 0183 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Thursday February 8, 2007 Twenty-fourth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:13 a.m. Roll call showed 36 members present. Representatives Cissna, Dahlstrom, Kerttula, and LeDoux had been excused from a call of the House today. The invocation was offered by the Chaplain, Pastor Mike Rose of Juneau Christian Center. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. It is with great respect for the religious beliefs of all Alaskans that I offer this prayer today. Heavenly Father, thank you for this beautiful day in which to praise and worship your glorious name. You are great and greatly to be praised. May our praise extend beyond the words of our mouths and into the way we live our lives and the way we respond to other people. Lord, I ask today that your presence and blessing will be upon the House. May your hedge of protection surround the leaders and their families today. I also ask that you would grant wisdom, understanding, and discernment to the House for all decisions made for the people of Alaska. I pray that we will be in alignment with your word, your will, and your way. Thank you for hearing and answering this prayer given in your name. Amen. 2007-02-08 House Journal Page 0184 The Pledge of Allegiance was led by Representative Gatto. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the rd journal for the 23 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Gruenberg introduced Aaron Cohen, Guest Page, from Juneau. MESSAGES FROM THE SENATE A message dated February 7, 2007, was read stating the Senate passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 46 CS FOR SENATE BILL NO. 46(RES) by the Senate Resources Committee, entitled: "An Act relating to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003, as amended by sec. 21, ch. 31, SLA 2005; and providing for an effective date." was read the first time and referred to the Resources Committee. COMMUNICATIONS The following was received: Alaska Railroad Corporation Report to the State of Alaska January 2007 2007-02-08 House Journal Page 0185 REPORTS OF STANDING COMMITTEES HB 18 The Finance Committee considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 18(HES) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (9): Hawker, Kelly, Gara, Crawford, Nelson, Thomas, Stoltze, Meyer, Chenault No recommendation (1): Joule The following fiscal note(s) apply to CSHB 18(HES): 1. Fiscal, Dept. of Education & Early Development 2. Zero, House Finance Committee/University of Alaska HB 18 was referred to the Rules Committee for placement on the calendar. HB 34 The Finance Committee considered: HOUSE BILL NO. 34 "An Act relating to sales of wine by a winery licensee." 2007-02-08 House Journal Page 0186 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (7): Joule, Thomas, Gara, Crawford, Kelly, Meyer, Chenault No recommendation (3): Hawker, Nelson, Stoltze The following fiscal note(s) apply: 1. Zero, Dept. of Public Safety HB 34 was referred to the Rules Committee for placement on the calendar. The Speaker stated that the House would stand at ease for a meeting of the Committee on Committees; and so, the House stood at ease at 10:28 a.m. AFTER AT EASE The Speaker called the House back to order at 10:36 a.m. REPORTS OF SPECIAL COMMITTEES The following report of the Committee on Committees, dated February 8, 2007, was received submitting an amendment to the January 16, 2007, report (page 9): House Special Committee on Fisheries: Seaton, Chair; Johansen, Johnson, LeDoux, Wilson, Edgmon, Holmes House Special Committee on Military & Veterans' Affairs: Roses, Chair; Dahlstrom, Fairclough, LeDoux, Ramras, Buch, Kawasaki Joint Armed Services Committee: Dahlstrom, Co-chair; Coghill, Lynn, Roses, Doll; Harris, Alternate The report was signed by Representative Harris, Chair; and Representatives Coghill, Samuels, Chenault, Meyer, and Guttenberg. 2007-02-08 House Journal Page 0187 Representative Samuels moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. HB 26 The House Special Committee on Fisheries considered: HOUSE BILL NO. 26 "An Act relating to aquatic farm permitting involving geoducks and to geoduck seed transfers between certified hatcheries and aquatic farms." and recommends it be replaced with: CS FOR HOUSE BILL NO. 26(FSH) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Seaton No recommendation (4): LeDoux, Johansen, Holmes, Edgmon The following fiscal note(s) apply to CSHB 26(FSH): 1. Zero, Dept. of Fish & Game HB 26 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Permanent Fund Corporation Board of Trustees By Representative Samuels 2007-02-08 House Journal Page 0188 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 125 HOUSE BILL NO. 125 by the House Special Committee on Ways and Means, entitled: "An Act relating to budget planning and a long-range fiscal plan for the State of Alaska." was read the first time and referred to the House Special Committee on Ways & Means and the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 21 The following was read the second time: HOUSE BILL NO. 21 "An Act relating to the proper disposal of the state flag." with the: Journal Page STA RPT CS(STA) NT 6DP 174 FN1: ZERO(ADM) 175 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 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." There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 21(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2007-02-08 House Journal Page 0189 CSHB 21(STA) was read the third time. The question being: "Shall CSHB 21(STA) pass the House?" The roll was taken with the following result: CSHB 21(STA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Chenault, Coghill, Crawford, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Cissna, Dahlstrom, Kerttula, LeDoux And so, CSHB 21(STA) passed the House and was referred to the Chief Clerk for engrossment. HB 76 The following was read the second time: HOUSE BILL NO. 76 "An Act relating to the creation of a civil legal services fund." with the: Journal Page JUD RPT CS(JUD) 3DP 3NR 106 FN1: ZERO(ADM) 107 FIN RPT CS(JUD) 6DP 3NR 2AM 162 FN1: ZERO(ADM) 162 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 76(JUD) (same title) There being no objection, it was so ordered. 2007-02-08 House Journal Page 0190 Amendment No. 1 was offered by Representative Gara: Page 1, line 9, following "AS 09.17.020(j)": Insert "and $75 of the amount collected from each filing fee set out in Rule 9(b)(1), Alaska Rules of Administration" Page 1, following line 14: Insert new bill sections to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENT. The provisions of AS 09.60.250, added by sec. 1 of this Act, have the effect of amending Rule 9, Alaska Rule of Administration, by requiring the court to collect a surcharge. * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. Section 1 of this Act applies to civil actions filed on or after the effective date of this Act." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ramras objected. Representative Coghill rose to a point of order. The Speaker reminded members to confine their remarks to the amendment. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 76(JUD) Second Reading Amendment No. 1 YEAS: 12 NAYS: 23 EXCUSED: 4 ABSENT: 1 Yeas: Buch, Crawford, Doll, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Nelson 2007-02-08 House Journal Page 0191 Nays: Chenault, Coghill, Doogan, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Kelly, Kohring, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Cissna, Dahlstrom, Kerttula, LeDoux Absent: Salmon And so, Amendment No. 1 was not adopted. Representative Samuels moved and asked unanimous consent that CSHB 76(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 76(JUD) was read the third time. The question being: "Shall CSHB 76(JUD) pass the House?" The roll was taken with the following result: CSHB 76(JUD) Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Chenault, Doll, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holmes, Johansen, Johnson, Joule, Kawasaki, Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas Nays: Coghill, Crawford, Doogan, Hawker, Kelly, Roses, Wilson Excused: Cissna, Dahlstrom, Kerttula, LeDoux And so, CSHB 76(JUD) passed the House. Representative Gruenberg gave notice of reconsideration of the vote on CSHB 76(JUD). 2007-02-08 House Journal Page 0192 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: In Memoriam - Alan M. Bishop By Representatives Olson, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Wagoner In Memoriam - Joseph W. Dilley By Representatives Olson, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Wagoner In Memoriam - Elsie Rose Perrin Mellott "Dash to Aan" By Representatives Thomas, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson; Senator Kookesh In Memoriam - Annie Cessnun By Representatives Johansen, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Stedman 2007-02-08 House Journal Page 0193 In Memoriam - Howard Anderson By Senator Stevens; Representatives LeDoux, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Stanton Oswald Katchatag By Senator Olson; Representatives Foster, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, 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 Fairclough - from 7:00 a.m., February 12 to morning plane time, February 13 Representative Harris - from 7:00 a.m., February 9 to evening plane time, February 11 Representative Meyer - from 12:30 p.m., February 9 to morning plane time, February 12 Representative Olson - from 2:00 p.m., February 9 to evening plane time, February 12 Representative Roses - from 2:00 p.m., February 10 to evening plane time, February 11 HJR 8 Representative Gruenberg added his name as cosponsor to: 2007-02-08 House Journal Page 0194 HOUSE JOINT RESOLUTION NO. 8 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. HB 21 Representatives Johnson, Meyer, and Johansen added their names as cosponsors to: 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." HB 34 Representative Thomas added his name as cosponsor to: HOUSE BILL NO. 34 "An Act relating to sales of wine by a winery licensee." HB 76 Representative Johnson added his name as cosponsor to: CS FOR HOUSE BILL NO. 76(JUD) "An Act relating to the creation of a civil legal services fund." HB 120 Representatives Kerttula and Guttenberg added their names as cosponsors to: HOUSE BILL NO. 120 "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date." ENGROSSMENT HB 21 CSHB 21(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2007-02-08 House Journal Page 0195 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today was changed: Labor & Commerce Committee CANCELED ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 12, 2007. There being no objection, the House adjourned at 11:30 a.m. Suzi Lowell Chief Clerk