Legislature(2007 - 2008)

2007-02-12 House Journal

Full Journal pdf

2007-02-12                     House Journal                      Page 0203
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-FIFTH LEGISLATURE                                                                             
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday              February 12, 2007                                                        
                                                                                                                                
                            Twenty-eighth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 11:03 a.m.                                                                                                            
                                                                                                                                
Roll call showed 34 members present.  Representative Olson had been                                                             
excused from a call of the House today.                                                                                         
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Kerttula's excused absence (page 131) be extended to                                                             
morning plane time, February 14.  There being no objection, it was so                                                           
ordered.                                                                                                                        
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following members' excused absences be extended:  Representatives                                                               
Dahlstrom (page 171), Meyer (page 193), Neuman (page 180), and                                                                  
Ramras (page 180).  There being no objection, they were excused and                                                             
their presence was noted later.                                                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr. John                                                               
Zimmerman of Chapel by the Lake Presbyterian Church.                                                                            
Representative Lynn moved and asked unanimous consent that the                                                                  
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
    In deepest respect for the religious beliefs of each person here,                                                          
    I invite you into a time of prayer and reflection.  Let us pray.                                                           
                                                                                                                                
        Eternal and Gracious God, grant that the members of this                                                               
     House, elected by the choice of the people of their districts,                                                            

2007-02-12                     House Journal                      Page 0204
    may do the people's work well this day.  May they never lose                                                                
    sight of the concerns of all citizens, especially those hidden by                                                           
    distance or circumstance.  May their work be marked by the                                                                  
    standard of justice for all people.                                                                                         
                                                                                                                                
    May they think deeply, speak clearly, listen carefully, and                                                                 
    discover creative new solutions to the problems confronting                                                                 
    our state.  Grant that they may discover resources equal to the                                                             
    challenges they face.  May they be delivered from pride of                                                                  
    authorship that keeps the good from becoming better and the                                                                 
    better from becoming best.  At the end of this day, may each                                                                
    one rest in the knowledge that their voice and their votes                                                                  
    counted.  May they experience the delight that comes when                                                                   
    their work is well done.  Amen                                                                                              
                                                                                                                                
The Pledge of Allegiance was led by Representative Fairclough.                                                                  
                                                                                                                                
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                   thththth                                                                                                     
journal for the 24, 25, 26, and 27 legislative days be approved as                                                              
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
**Representative Foster, who was excused (page 84), left the                                                                    
Chamber.                                                                                                                        
                                                                                                                                
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
A letter dated February 8, 2007, was read stating pursuant to                                                                   
AS 39.05.080(1) the Governor withdraws the names of Commissioner                                                                
Karleen Jackson and Commissioner Craig Campbell from the list of                                                                
commissioners being considered for confirmation (page 173).                                                                     
                                                                                                                                
The Speaker removed their names from the list of commissioners                                                                  
being considered for legislative confirmation.                                                                                  
                                                                                                                                

2007-02-12                     House Journal                      Page 0205
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 7                                                                                                                          
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 7                                                                                                            
    "An Act relating to false caller identification."                                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 7(JUD)                                                                                                
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Gruenberg, Lynn                                                                                                   
                                                                                                                                
No recommendation (4):  Coghill, Samuels, Holmes, Ramras                                                                        
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 7(JUD):                                                                              
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Law                                                                                                          
3.  Indeterminate, Dept. of Public Safety                                                                                       
                                                                                                                                
HB 7 was referred to the Rules Committee for placement on the                                                                   
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 75                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 75                                                                                                           
    "An Act relating to driver's licenses and alcohol awareness                                                                 
    testing."                                                                                                                   
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                

2007-02-12                     House Journal                      Page 0206
    CS FOR HOUSE BILL NO. 75(STA)                                                                                               
    "An Act relating to driver's licenses and to alcohol and drug                                                               
    awareness and safety testing."                                                                                              
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Johnson, Roses, Gruenberg, Doll, Lynn                                                                             
                                                                                                                                
No recommendation (1):  Coghill                                                                                                 
                                                                                                                                
Amend (1):  Johansen                                                                                                            
                                                                                                                                
The following fiscal note(s) apply to CSHB 75(STA):                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Administration                                                                                             
                                                                                                                                
HB 75 was referred to the Finance Committee.                                                                                    
                                                                                                                                
HB 79                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 79                                                                                                           
    "An Act relating to reapplications for the Alaska longevity bonus                                                           
    program; and providing for an effective date."                                                                              
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 79(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Roses, Gruenberg, Lynn                                                                                            
                                                                                                                                
No recommendation (1):  Johansen                                                                                                
                                                                                                                                
Amend (3):  Johnson, Coghill, Doll                                                                                              
                                                                                                                                

2007-02-12                     House Journal                      Page 0207
The following fiscal note(s) apply to CSHB 79(STA):                                                                             
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
2.  Fiscal, Dept. of Health & Social Services                                                                                   
3.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 79 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:                                                                                        
                                                                                                                                
Honoring - Colony High School's Wrestling Team, State Champions                                                                 
By Representatives Gatto, Stoltze                                                                                               
                                                                                                                                
                                              th                                                                                
Honoring - The Girl Scouts of America's 95 Anniversary                                                                          
By Representative Doll                                                                                                          
                                                                                                                                
                     th                                                                                                         
Honoring - The 10 Anniversary of Alaska's Jones Act - Local Hire                                                                
Initiative                                                                                                                      
By Representative Olson                                                                                                         
                                                                                                                                
Honoring - James Eldridge                                                                                                       
By Senator Bunde                                                                                                                
                                                                                                                                
Honoring - Carl E. Moses                                                                                                        
By Senator Hoffman                                                                                                              
                                                                                                                                
Honoring - Marvilla R. Davis                                                                                                    
By Senator Wilken                                                                                                               
                                                                                                                                
Honoring - The Alaska Chamber Chorale                                                                                           
By Senator Wilken                                                                                                               
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HCR 3                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 3 by Representatives                                                                            
Meyer, Fairclough, and Stoltze:                                                                                                 
                                                                                                                                

2007-02-12                     House Journal                      Page 0208
    Relating to proclaiming April of 2007 as Sexual Assault                                                                     
    Awareness Month.                                                                                                            
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services Committee.                                                                                                             
                                                                                                                                
HJR 9                                                                                                                         
HOUSE JOINT RESOLUTION NO. 9 by Representatives Coghill,                                                                        
Harris, Kohring, Wilson, Lynn, Gatto, Dahlstrom, Kelly, Neuman,                                                                 
Thomas, and Stoltze:                                                                                                            
                                                                                                                                
    Proposing an amendment to the section of the Constitution of the                                                            
    State of Alaska relating to marriage.                                                                                       
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary, and                                                       
Finance Committees.                                                                                                             
                                                                                                                                
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 126                                                                                                                        
HOUSE BILL NO. 126 by Representative Johansen, entitled:                                                                        
                                                                                                                                
    "An Act relating to driver's licenses and permits, commercial                                                               
    driver's licenses, and other motor vehicle laws; relating to the                                                            
     driver's license compact; and providing for an effective date."                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
HB 127                                                                                                                        
HOUSE BILL NO. 127 by Representative Seaton, entitled:                                                                          
                                                                                                                                
    "An Act amending the boundaries of the McNeil River State                                                                   
    Game Sanctuary."                                                                                                            
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                

2007-02-12                     House Journal                      Page 0209
HB 128                                                                                                                        
HOUSE BILL NO. 128 by Representatives Olson, Harris, Ramras,                                                                    
Guttenberg, Neuman, Holmes, Thomas, Stoltze, Joule, Fairclough,                                                                 
LeDoux, Kerttula, Wilson, Lynn, Crawford, Gara, and Gruenberg,                                                                  
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to allowable lease expenditures for the purpose                                                            
    of determining the production tax value of oil and gas for the                                                              
    purposes of the oil and gas production tax; and providing for an                                                            
    effective date."                                                                                                            
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Oil & Gas and the Resources and Finance Committees.                                                                             
                                                                                                                                
**The presence of Representatives Dahlstrom, Meyer, and Ramras,                                                                 
who were excused (page 203), was noted.                                                                                         
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 25                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    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."                                                                                           
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 RES RPT 8DP                                                          105                                                       
 FN1: ZERO(ADM)                                                       105                                                       
 JUD RPT 1DP 3NR                                                      175                                                       
 FN1: ZERO(ADM)                                                       175                                                       
                                                                                                                                

2007-02-12                     House Journal                      Page 0210
Representative Samuels moved and asked unanimous consent that                                                                   
HB 25 be considered engrossed, advanced to third reading, and placed                                                            
on final passage.  There being no objection, it was so ordered.                                                                 
                                                                                                                                
                                                                                                                                
HB 25 was read the third time.                                                                                                  
                                                                                                                                
                                                                                                                                
The question being:  "Shall HB 25 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HB 25                                                                                                                           
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Kelly, Kohring, LeDoux, Lynn, Meyer, Nelson, Ramras,                                                                  
Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                         
                                                                                                                                
Excused:  Foster, Kerttula, Neuman, Olson                                                                                       
                                                                                                                                
And so, HB 25 passed the House.                                                                                                 
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
                                                                                                                                
HB 25 was referred to the Chief Clerk for engrossment.                                                                          
                                                                                                                                
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House approve the citation on the calendar.  There being no objection,                                                          
the following citation was approved and sent to enrolling:                                                                      
                                                                                                                                

2007-02-12                     House Journal                      Page 0211
Honoring - Alaska Permanent Fund Corporation Board of Trustees                                                                  
By Representatives Samuels, 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, 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 Hawker - from 10:45 a.m. to 11:45 a.m., February 13                                                              
                                                                                                                                
Representative Joule - from 8:00 a.m., February 13 to evening plane                                                             
time, February 17                                                                                                               
                                                                                                                                
Representative Wilson - from 7:00 a.m. to evening plane time,                                                                   
February 14                                                                                                                     
                                                                                                                                
Representative Samuels - from 11:45 a.m. to 12:45 p.m., February 14                                                             
                                                                                                                                
HB 7                                                                                                                          
The Speaker added a Finance Committee referral for the following:                                                               
                                                                                                                                
    HOUSE BILL NO. 7                                                                                                            
    "An Act relating to false caller identification."                                                                           
                                                                                                                                
HB 7 was removed from the Rules Committee and referred to the                                                                   
Finance Committee.                                                                                                              
                                                                                                                                
HB 79                                                                                                                         
The Speaker added a Judiciary Committee referral to precede the                                                                 
Finance Committee referral for the following:                                                                                   
                                                                                                                                
    HOUSE BILL NO. 79                                                                                                           
    "An Act relating to reapplications for the Alaska longevity bonus                                                           
    program; and providing for an effective date."                                                                              
                                                                                                                                

2007-02-12                     House Journal                      Page 0212
HB 79 was removed from the Finance Committee and referred to the                                                                
Judiciary Committee.                                                                                                            
                                                                                                                                
**The presence of Representative Neuman, who was excused (page                                                                  
203), was noted.                                                                                                                
                                                                                                                                
                                                                                                                                
HB 11                                                                                                                         
Representative Guttenberg added his name as cosponsor to:                                                                       
                                                                                                                                
    HOUSE BILL NO. 11                                                                                                           
    "An Act making an appropriation for longevity bonus payments;                                                               
    and providing for an effective date."                                                                                       
                                                                                                                                
HB 25                                                                                                                         
Representatives Kelly, Guttenberg, and Harris added their names as                                                              
cosponsors 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 120                                                                                                                        
Representative Cissna added her name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 120                                                                                                          
    "An Act extending the Council on Domestic Violence and Sexual                                                               
    Assault; and providing for an effective date."                                                                              
                                                                                                                                
                                                                                                                                
                               ENGROSSMENT                                                                                   
                                                                                                                                
HB 25                                                                                                                         
HB 25 was engrossed, signed by the Speaker and Chief Clerk and                                                                  
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                

2007-02-12                     House Journal                      Page 0213
HB 76                                                                                                                         
Reconsideration of the following was not taken up on this legislative                                                           
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                                               
transmitted to the Senate for consideration:                                                                                    
                                                                                                                                
    CS FOR HOUSE BILL NO. 76(JUD)                                                                                               
    "An Act relating to the creation of a civil legal services fund."                                                          
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 1:00 p.m., February 14, 2007.  There being no                                                               
objection, the House adjourned at 11:52 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk