Legislature(2007 - 2008)

2007-02-22 House Journal

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2007-02-22                     House Journal                      Page 0301
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-FIFTH LEGISLATURE                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Thursday            February 22, 2007                                                         
                                                                                                                                
                           Thirty-eighth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:12 a.m.                                                                                                            
                                                                                                                                
Roll call showed 35 members present.  Representative Edgmon had                                                                 
been excused from a call of the House today.  Representatives                                                                   
Chenault and Kelly were absent and their presence was noted later.                                                              
                                                                                                                                
Representative Foster, Acting Majority Leader, moved and asked                                                                  
unanimous consent that Representative Seaton's excused absence                                                                  
(page 265) be extended to 5:00 p.m., today.  There being no objection,                                                          
he was excused and his presence was noted later.                                                                                
                                                                                                                                
Representative Foster moved and asked unanimous consent that                                                                    
Representative Samuels be excused from a call of the House from                                                                 
10:00 a.m. to 11:00 a.m., today.  There being no objection, he was                                                              
excused and his presence was noted later.                                                                                       
                                                                                                                                
The invocation was offered by the Chaplain, Major Joe Huttenlocker                                                              
of The Salvation Army.  Representative Coghill moved and asked                                                                  
unanimous consent that the invocation be spread on the journal.  There                                                          
being no objection, it was so ordered.                                                                                          
                                                                                                                                
     The Colossians writer very simply writes:  Fathers, mothers,                                                              
      leaders, do not embitter your children or they will become                                                               
    discouraged.                                                                                                                
                                                                                                                                
       O God, these members of this House of Representatives of                                                                
     this great state of Alaska have given of themselves to great                                                              

2007-02-22                     House Journal                      Page 0302
    tasks this session.  We know that perseverance for them                                                                     
    makes the difference between failure and success.  What                                                                     
    matters most to us is not how they started but how they will                                                                
    finish the urgent tasks at hand.  Continue thy blessing upon                                                                
    them as they push forward, thinking outside the box, doing                                                                  
    what is right for the people who they represent and serving                                                                 
    this state and our nation.                                                                                                  
                                                                                                                                
    Thank you for their cultural heritage they represent.  For I                                                                
    remind them, as they once were, that our children are the                                                                   
    promise, the hope for the future of this state and nation.  May                                                             
    the good of our state be strengthened this day as they continue                                                             
    their work.  I ask this, O God, in Thy great name for each of                                                               
    them.  May it be so.  Amen.                                                                                                 
                                                                                                                                
The Pledge of Allegiance was led by Representative Salmon.                                                                      
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
journal for the 37th legislative day be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Coghill introduced Jennifer Worabel, Guest Page, from                                                            
Seward.                                                                                                                         
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 97                                                                                                                         
The Health, Education & Social Services Committee considered:                                                                   
                                                                                                                                
    HOUSE BILL NO. 97                                                                                                           
    "An Act making appropriations for state aid to public schools,                                                              
    centralized correspondence study, and transportation of pupils;                                                             
    and providing for an effective date."                                                                                       
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 97(HES)                                                                                               
    (same title)                                                                                                                
                                                                                                                                

2007-02-22                     House Journal                      Page 0303
The report was signed by Representative Wilson, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Cissna, Gardner, Seaton, Wilson                                                                                   
                                                                                                                                
No recommendation (1):  Neuman                                                                                                  
                                                                                                                                
Amend (1):  Roses                                                                                                               
                                                                                                                                
A House Health, Education and Social Services Committee letter of                                                               
intent for CSHB 97(HES), signed by Representative Wilson, Chair,                                                                
follows:                                                                                                                        
                                                                                                                                
"The House Health Education and Social Services Committee                                                                       
recommends a policy shift to help ensure more of the funding for                                                                
schools reaches the classroom. The increase in appropriations is                                                                
intended to reduce the burden each district pays into the Teaching                                                              
Retirement System (TRS) in the hopes that dollars sent to the                                                                   
classroom will not diminish because of the unfunded liabilities of                                                              
TRS.  The funding for the employer contributions to TRS, for the past                                                           
two years contained in the current Base Student Allocation of $5,380                                                            
should be funded outside the foundation formula.  Any additional                                                                
increases to the employer contributions should continue to be funded                                                            
outside the formula.                                                                                                            
                                                                                                                                
Having the TRS Liability outside the BSA provides a variety of                                                                  
funding sources in adding to the general fund.  Since many grants                                                               
restrict the percentage of salary and benefits to a fixed percentage of                                                         
the overall budget, funding the TRS obligation outside the BSA                                                                  
maintains a percentage allowable by most grants.                                                                                
                                                                                                                                
The committee also urges more funding for school transportation, area                                                           
cost differential, vocational education and the "Intense Needs" areas.                                                          
We also recommend further work for the forward funding of                                                                       
education."                                                                                                                     
                                                                                                                                
HB 97 was referred to the Finance Committee.                                                                                    
                                                                                                                                
**The presence of Representative Chenault was noted.                                                                            
                                                                                                                                

2007-02-22                     House Journal                      Page 0304
HB 108                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 108                                                                                                          
    "An Act extending the termination date for the Board of Marine                                                              
    Pilots; and providing for an effective date."                                                                               
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 108(L&C)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (9):  Gara, Crawford, Hawker, Joule, Thomas, Nelson,                                                                    
Stoltze, Meyer, Chenault                                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 108(L&C):                                                                            
                                                                                                                                
2. Fiscal, House Finance Committee/Dept. of Commerce, Community,                                                                
& Economic Development                                                                                                          
                                                                                                                                
HB 108 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 118                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 118                                                                                                          
    "An Act relating to underage possession of alcoholic beverages in                                                           
    a dwelling."                                                                                                                
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Gardner, Ramras, Gatto, Olson                                                                                     
                                                                                                                                
No recommendation (2):  LeDoux, Neuman                                                                                          
                                                                                                                                

2007-02-22                     House Journal                      Page 0305
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Law                                                                                                          
3.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
HB 118 was referred to the Judiciary Committee.                                                                                 
                                                                                                                                
HB 121                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 121                                                                                                          
    "An Act relating to release of information in individual workers'                                                           
    compensation records; and providing for an effective date."                                                                 
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 121(L&C)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Buch, Neuman, Ramras, Olson                                                                                       
                                                                                                                                
Do not pass (3):  Gardner, LeDoux, Gatto                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 121(L&C):                                                                            
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Labor & Workforce Development                                                                                
                                                                                                                                
HB 121 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                

2007-02-22                     House Journal                      Page 0306
Honoring - University of Alaska Anchorage, 2006-2007 Seawolf                                                                    
Speech and Debate Team                                                                                                          
By Representatives Buch, Cissna                                                                                                 
                                                                                                                                
Honoring - West Valley High School Rifle Team                                                                                   
By Representative Guttenberg                                                                                                    
                                                                                                                                
In Memoriam - Margaret Ann Adams Fisher                                                                                         
By Representative Guttenberg                                                                                                    
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 151                                                                                                                        
HOUSE BILL NO. 151 by Representative Johnson by request,                                                                        
entitled:                                                                                                                       
                                                                                                                                
    "An Act requiring an indemnification and hold harmless provision                                                            
    in professional services contracts of state agencies, quasi-public                                                          
    agencies, municipalities, and political subdivisions."                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 120                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 120                                                                                                          
    "An Act extending the Council on Domestic Violence and Sexual                                                               
    Assault; and providing for an effective date."                                                                              
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 HES RPT 7DP                                                        219                                                         
 FN1: (DPS)                                                         220                                                         
 FN2: (DPS)                                                         220                                                         

2007-02-22                     House Journal                      Page 0307
 FIN RPT CS(FIN) 8DP 2NR                                            283                                                         
 FN3: INDETERMINATE(H.FIN/DPS)                                      283                                                         
 FN4: INDETERMINATE(H.FIN/DPS)                                      283                                                         
                                                                                                                                
Representative Foster moved and asked unanimous consent that the                                                                
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 120(FIN)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Foster moved and asked unanimous consent that CSHB
120(FIN) be considered engrossed, advanced to third reading, and                                                                
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
CSHB 120(FIN) was read the third time.                                                                                          
                                                                                                                                
                                                                                                                                
**The presence of Representatives Kelly and Seaton was noted.                                                                   
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 120(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 120(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson,                                                                
Neuman, Olson, Ramras, Roses, Salmon, Seaton, Stoltze, Thomas,                                                                  
Wilson                                                                                                                          
                                                                                                                                
Excused:  Edgmon, Samuels                                                                                                       
                                                                                                                                
And so, CSHB 120(FIN) passed the House.                                                                                         
                                                                                                                                

2007-02-22                     House Journal                      Page 0308
Representative Foster 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.                                                            
                                                                                                                                
CSHB 120(FIN) was referred to the Chief Clerk for engrossment.                                                                  
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Foster 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 Harris - from 6:00 a.m., February 23 to evening plane                                                            
time, February 25                                                                                                               
                                                                                                                                
Representative Stoltze - from noon, February 23 to evening plane                                                                
time, February 25                                                                                                               
                                                                                                                                
Representative Thomas - from noon, February 23 to evening plane                                                                 
time, February 25                                                                                                               
                                                                                                                                
Pursuant to AS 41.21.960(b), the Speaker appointed Representative                                                               
Johnson to the Parks Bail Advisory Committee.                                                                                   
                                                                                                                                
The Speaker stated that the House would stand at ease to allow the                                                              
members of the Senate to enter the Chamber; and so, the House stood                                                             
at ease at 10:49 a.m.                                                                                                           
                                                                                                                                
                             AFTER AT EASE                                                                                   
                                                                                                                                
The Speaker called the House back to order at 11:11 a.m.                                                                        
                                                                                                                                
**The presence of Representative Samuels was noted.                                                                             
                                                                                                                                
                      JOINT SESSION IN THE HOUSE                                                                             
                                                                                                                                
In accordance with Uniform Rule 51, Speaker Harris turned the gavel                                                             
over to President Green who called the joint session to order at                                                                
11:12 a.m.                                                                                                                      
                                                                                                                                

2007-02-22                     House Journal                      Page 0309
The purpose of the joint session was to hear an address by the                                                                  
Honorable Lisa Murkowski, U.S. Senator.                                                                                         
                                                                                                                                
Senator Huggins, Acting Majority Leader, moved and asked                                                                        
unanimous consent that the roll call of the Senate be waived and all                                                            
members be shown as present.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call of the House be waived and all members be shown as present.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
President Green appointed Representative Nelson and Senator                                                                     
McGuire to escort the Honorable Lisa Murkowski to the joint session.                                                            
                                                                                                                                
The Senate Sergeant-at-Arms announced the Senator's entrance into                                                               
the House Chamber.                                                                                                              
                                                                                                                                
Senator Murkowski was escorted to the rostrum and welcomed by                                                                   
President Green.                                                                                                                
                                                                                                                                
Senator Murkowski delivered her address and it is published in Senate                                                           
and House Joint Journal Supplement No. 2.                                                                                       
                                                                                                                                
A question and answer period followed the conclusion of the Senator's                                                           
speech.                                                                                                                         
                                                                                                                                
Senator Murkowski received a standing ovation and was escorted from                                                             
the Chamber by Representative Nelson and Senator McGuire.                                                                       
                                                                                                                                
Senator Huggins moved and asked unanimous consent that the joint                                                                
session adjourn.  There being no objection, President Green adjourned                                                           
the joint session at 12:13 p.m.                                                                                                 
                                                                                                                                
The Speaker ordered the House at ease to allow members of the Senate                                                            
to leave the Chamber.                                                                                                           
                                                                                                                                
                             IN THE HOUSE                                                                                    
                                                                                                                                
The Speaker called the House back to order at 12:13 p.m.                                                                        
                                                                                                                                

2007-02-22                     House Journal                      Page 0310
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 38                                                                                                                         
Representatives Lynn and Roses added their names as cosponsors to:                                                              
                                                                                                                                
    HOUSE BILL NO. 38                                                                                                           
    "An Act relating to legislators and candidates for the legislature                                                          
    and to certain campaign contributions made in exchange for                                                                  
    certain agreements."                                                                                                        
                                                                                                                                
HB 75                                                                                                                         
Representative Foster added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 75                                                                                                           
    "An Act relating to driver's licenses and alcohol awareness                                                                 
    testing."                                                                                                                   
                                                                                                                                
HB 118                                                                                                                        
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 118                                                                                                          
    "An Act relating to underage possession of alcoholic beverages in                                                           
    a dwelling."                                                                                                                
                                                                                                                                
                                                                                                                                
HB 120                                                                                                                        
Representatives Johansen, Salmon, and Ramras added their names as                                                               
cosponsors to:                                                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 120(FIN)                                                                                              
    "An Act extending the Council on Domestic Violence and Sexual                                                               
    Assault; and providing for an effective date."                                                                              
                                                                                                                                
HB 121                                                                                                                        
Representative Ramras added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 121                                                                                                          
    "An Act relating to release of information in individual workers'                                                           
    compensation records; and providing for an effective date."                                                                 
                                                                                                                                

2007-02-22                     House Journal                      Page 0311
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 120                                                                                                                        
CSHB 120(FIN) was engrossed, signed by the Speaker and Chief                                                                    
Clerk and transmitted to the Senate for consideration.                                                                          
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Transportation Committee                                  CANCELED                                                              
                                                                                                                                
Health, Education & Social Services Committee                                                                                   
Confirmation Hearings                                     CANCELED                                                              
HB 100 - AIR AMBULANCE SERVICES                           CANCELED                                                              
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 11:00 a.m., February 26, 2007.  There being no                                                              
objection, the House adjourned at 12:13 p.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk