Legislature(2007 - 2008)

2007-03-28 House Journal

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2007-03-28                     House Journal                      Page 0593
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-FIFTH LEGISLATURE                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Wednesday               March 28, 2007                                                        
                                                                                                                                
                          Seventy-second Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:12 a.m.                                                                                                            
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Jesse Perry of                                                               
Northern Light United Church.  Representative Buch moved and asked                                                              
unanimous consent that the invocation be spread on the journal.  There                                                          
being no objection, it was so ordered.                                                                                          
                                                                                                                                
   With gratitude for the privileges of life we share, let us pray.                                                            
                                                                                                                                
    God of compassionate wisdom, in a world of increasing chaos                                                                 
    and fear, help each of us to acknowledge the roles we play.                                                                 
    Too easily we look for scapegoats, for opportunities to blame                                                               
    "the other;" it is hard for us to see that each drop of rain plays                                                          
    its part when the floods of injustice rise.  We easily confuse                                                              
    power with authority; we easily ignore the wisdom of the                                                                    
    weak who tell us that might does not make right.                                                                            
                                                                                                                                
    But you, Creator of all, remain faithful; you sustain all of your                                                           
    creatures with the free gifts of life - whether we recognize one                                                            
    another as friend or foe, as ally or as someone to thwart, as                                                               
    confidant or as conspirator.                                                                                                
                                                                                                                                
    It is we who harm one another, not you; we are the bearers of                                                               
    destruction in this world, even as your presence constantly                                                                 
    gives hope.                                                                                                                 
                                                                                                                                

2007-03-28                     House Journal                      Page 0594
    Reveal yourself to us, O God, not just in our visions and                                                                   
    sacred traditions, but in the mystery of the other; speak to us                                                             
    through the presence of those we hesitate to love as we love                                                                
    ourselves.                                                                                                                  
                                                                                                                                
       May your peace and justice grow through the lives we live                                                               
    this day.  Amen.                                                                                                            
                                                                                                                                
The Pledge of Allegiance was led by Representative Cissna.                                                                      
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
journal for the 71st legislative day be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
Letters of disclosure, as required by AS 24.60, were published in                                                               
House Journal Supplement No. 1 and Senate and House Joint Journal                                                               
Supplement No. 5.                                                                                                               
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
The Health, Education & Social Services Committee reviewed the                                                                  
qualifications of the following and recommends the appointments be                                                              
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
                             Mr. Patrick J. Shier                                                                               
                                                                                                                                
as a member of the Board of Education and Early Development.                                                                    
                                                                                                                                
                              Dr. Jean Tsigonis                                                                                 
                                                                                                                                
as a member of the State Medical Board.                                                                                         
                                                                                                                                
                           Ms. Cindy Lou Aillaud                                                                                
                            Mr. Jeffrey A. Hebard                                                                               
                            Mr. Michael D. Husa                                                                                 
                            Mr. Eddy Jeans                                                                                     
                                                                                                                                

2007-03-28                     House Journal                      Page 0595
as members of the Professional Teaching Practices Commission.                                                                   
                                                                                                                                
                            Mr. Timothy C. Brady                                                                                
                              Mr. Fuller Cowell                                                                                 
                          Ms. Patricia A. Jacobson                                                                              
                            Mr. Kirk Wickersham                                                                                 
                                                                                                                                
as members of the University of Alaska Board of Regents.                                                                        
                                                                                                                                
The report was signed by Representative Wilson, Chair; and                                                                      
Representatives Neuman, Fairclough, Gardner, Seaton, Roses.                                                                     
                                                                                                                                
                                                                                                                                
HB 19                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 19                                                                                                           
    "An Act relating to ignition interlock limited driver's license                                                             
    privileges."                                                                                                                
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 19(FIN)                                                                                               
    "An Act relating to ignition interlock devices; to limited driver's                                                         
    license privileges; and to ignition interlock limited driver's license                                                      
    privileges."                                                                                                                
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (8):  Gara, Foster, Crawford, Nelson, Thomas, Joule, Meyer,                                                             
Chenault                                                                                                                        
                                                                                                                                
No recommendation (3):  Hawker, Stoltze, Kelly                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 19(FIN):                                                                             
                                                                                                                                
2.  Fiscal, Dept. of Administration                                                                                             
3.  Zero, Dept. of Transportation & Public Facilities                                                                           
                                                                                                                                

2007-03-28                     House Journal                      Page 0596
HB 19 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HB 109                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 109                                                                                                          
    "An Act relating to the requirement for candidates, groups,                                                                 
    legislators, public officials, and other persons to submit reports                                                          
    electronically to the Alaska Public Offices Commission; relating                                                            
    to disclosures by legislators, public members of the Select                                                                 
    Committee on Legislative Ethics, legislative directors, public                                                              
    officials, and certain candidates for public office concerning                                                              
    services performed for compensation and concerning certain                                                                  
    income, gifts, and other financial matters; requiring legislators,                                                          
    public members of the Select Committee on Legislative Ethics,                                                               
    legislative directors, public officials, and municipal officers to                                                          
    make certain financial disclosures when they leave office; relating                                                         
    to insignificant ownership interest in a business and to gifts from                                                         
    lobbyists for purposes of the Alaska Executive Branch Ethics Act;                                                           
    relating to certain restrictions on employment after leaving state                                                          
    service for purposes of the Alaska Executive Branch Ethics Act;                                                             
    and providing for an effective date."                                                                                       
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 109(JUD)                                                                                              
    "An Act denying public employee retirement pension benefits to                                                              
    certain legislators, legislative directors, and public officers who                                                         
    commit certain offenses, and adding to the duties of the Alaska                                                             
    Retirement Management Board and to the list of matters governed                                                             
    by the Administrative Procedure Act concerning that denial;                                                                 
    relating to campaign financing and ethics, including disclosures,                                                           
    in state and municipal government, to lobbying, and to                                                                      
    employment, service on boards, and disclosures by certain public                                                            
    officers and employees who leave state or municipal service or                                                              
    leave certain positions in state or municipal government;                                                                   
    restricting representation of others by legislators and legislative                                                         
    employees; relating to blind trusts approved by the Alaska Public                                                           
    Offices Commission; and providing for an effective date."                                                                   
                                                                                                                                

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The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Lynn, Samuels, Ramras                                                                                             
                                                                                                                                
No recommendation (1):  Coghill                                                                                                 
                                                                                                                                
Amend (3):  Gruenberg, Dahlstrom, Holmes                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 109(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 109 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 136                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 136                                                                                                          
    "An Act relating to dental hygienists."                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 136(FIN)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Foster, Nelson, Stoltze, Kelly, Meyer                                                                             
                                                                                                                                
No recommendation (6):  Gara, Crawford, Hawker, Joule, Thomas,                                                                  
Chenault                                                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 136(FIN):                                                                            
                                                                                                                                
2. Indeterminate, Dept. of Commerce, Community, & Economic                                                                      
Development                                                                                                                     
                                                                                                                                

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HB 136 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 185                                                                                                                        
The Community & Regional Affairs Committee considered:                                                                          
                                                                                                                                
    HOUSE BILL NO. 185                                                                                                          
    "An Act relating to certain municipal service areas that provide                                                            
    road services."                                                                                                             
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 185(CRA)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives LeDoux and Fairclough,                                                                 
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (2):  Dahlstrom, Fairclough                                                                                             
                                                                                                                                
No recommendation (4):  Neuman, Olson, Salmon, LeDoux                                                                           
                                                                                                                                
The following fiscal note(s) apply to CSHB 185(CRA):                                                                            
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 185 was referred to the Transportation Committee.                                                                            
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HB 132                                                                                                                        
The House Special Committee on Economic Development, Trade, &                                                                   
Tourism considered:                                                                                                             
                                                                                                                                
    HOUSE BILL NO. 132                                                                                                          
    "An Act designating the first Tuesday of May as Alaska                                                                      
    Agriculture Day."                                                                                                           
                                                                                                                                
The report was signed by Representative Neuman, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                

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Do pass (5):  Doll, Lynn, Gatto, Johansen, Neuman                                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 132 was referred to the Resources Committee.                                                                                 
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HCR 6                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 6 by Representative                                                                             
Harris by request:                                                                                                              
                                                                                                                                
   Relating to civics education and a citizens' advisory task force.                                                           
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Finance Committees.                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 36                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36 by                                                                                     
Representative Kawasaki, entitled:                                                                                              
                                                                                                                                
    "An Act relating to the authority of registered nurses to assist in                                                         
    the training of persons who seek to become emergency medical                                                                
    technicians or mobile intensive care paramedics."                                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Health, Education & Social Services Committees.                                                                                 
                                                                                                                                
HB 227                                                                                                                        
HOUSE BILL NO. 227 by Representative Kerttula, entitled:                                                                        
                                                                                                                                
    "An Act relating to the Uniform Money Services Act, to money                                                                
    transmission services, and to currency exchange services; and                                                               
    providing for an effective date."                                                                                           
                                                                                                                                

2007-03-28                     House Journal                      Page 0600
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 48                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 48                                                                                                           
    "An Act amending the powers of the board of trustees of the                                                                 
    Alaska Retirement Management Board to authorize purchase and                                                                
    sale of transferable tax credit certificates issued in conjunction                                                          
    with the production tax on oil and gas; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 STA RPT CS(STA) 3DP 2NR                                              176                                                       
 FN1: INDETERMINATE(REV)                                              177                                                       
 FIN RPT CS(FIN) NT 1DP 8NR                                           407                                                       
 FN2: ZERO(ADM)                                                       408                                                       
 FN3: INDETERMINATE(REV)                                              408                                                       
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 48(FIN)                                                                                               
    "An Act amending the powers of the board of trustees of the                                                                 
    Alaska Retirement Management Board to authorize purchase and                                                                
    sale of transferable tax credit certificates issued in conjunction                                                          
    with the production tax on oil and gas; relating to transferable tax                                                        
    credit certificates issued under the oil and gas production tax; and                                                        
    providing for an effective date."                                                                                           
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2007-03-28                     House Journal                      Page 0601
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 48(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 48(FIN) will advance to third reading on tomorrow's calendar.                                                              
                                                                                                                                
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Ben Hotch                                                                                                            
By Representatives Thomas, Harris, Chenault, Cissna, Coghill,                                                                   
Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson,                                                                
Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer,                                                                 
Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton,                                                                  
Stoltze, Wilson; Senator Kookesh                                                                                                
                                                                                                                                
In Memoriam - Paul "Steve" McCarthy                                                                                             
By Senator Bunde; Representatives Harris, Chenault, Cissna, Coghill,                                                            
Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara,                                                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen,                                                                
Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn,                                                               
Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels,                                                                   
Seaton, Stoltze, 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 Buch - from 5:00 p.m., March 29 to morning plane                                                                 
time, April 2                                                                                                                   
                                                                                                                                

2007-03-28                     House Journal                      Page 0602
Representative Edgmon - from 6:00 a.m., March 29 to evening plane                                                               
time, March 30                                                                                                                  
                                                                                                                                
Representative Gara - from 6:00 p.m., March 30 to morning plane                                                                 
time, April 2                                                                                                                   
                                                                                                                                
Representative Johnson - from 6:00 p.m., March 30 to morning plane                                                              
time, April 2                                                                                                                   
                                                                                                                                
Representative LeDoux - from noon, March 29 to evening plane time,                                                              
April 1                                                                                                                         
                                                                                                                                
Representative Ramras - from 6:00 a.m., March 29 to morning plane                                                               
time, April 2                                                                                                                   
                                                                                                                                
Representative Nelson - from 6:00 a.m., March 30 to evening plane                                                               
time, April 2                                                                                                                   
                                                                                                                                
HB 72                                                                                                                         
Representative Gara added his name as cosponsor to:                                                                             
                                                                                                                                
    HOUSE BILL NO. 72                                                                                                           
    "An Act relating to the district cost factors for state funding of                                                          
    public education; providing for an effective date by repealing the                                                          
    delayed effective date of sec. 6, ch. 41, SLA 2006; and providing                                                           
    for an effective date."                                                                                                     
                                                                                                                                
HB 132                                                                                                                        
Representatives Lynn, Neuman, Johansen, and Harris added their                                                                  
names as cosponsors to:                                                                                                         
                                                                                                                                
    HOUSE BILL NO. 132                                                                                                          
    "An Act designating the first Tuesday of May as Alaska                                                                      
    Agriculture Day."                                                                                                           
                                                                                                                                
HB 136                                                                                                                        
Representative Foster added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 136                                                                                                          
    "An Act relating to dental hygienists."                                                                                     
                                                                                                                                

2007-03-28                     House Journal                      Page 0603
HB 221                                                                                                                        
Representative Buch added his name as cosponsor to:                                                                             
                                                                                                                                
    HOUSE BILL NO. 221                                                                                                          
    "An Act establishing a high energy cost offset fund and describing                                                          
    its use."                                                                                                                   
                                                                                                                                
HB 224                                                                                                                        
Representatives Crawford and Buch added their names as cosponsors                                                               
to:                                                                                                                             
                                                                                                                                
    HOUSE BILL NO. 224                                                                                                          
    "An Act making a special appropriation for a state match of                                                                 
    federal funds for the Low Income Heating and Energy Assistance                                                              
    Program; and providing for an effective date."                                                                              
                                                                                                                                
                              ENROLLMENT                                                                                     
                                                                                                                                
HCR 3                                                                                                                         
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 9:58 a.m.,                                                             
March 28, 2007:                                                                                                                 
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 3                                                                                           
    Relating to proclaiming April of 2007 as Sexual Assault                                                                     
    Awareness Month.                                                                                                            
                                                                                                                                
    Legislative Resolve No. 3                                                                                                   
                                                                                                                                
HB 102                                                                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,                                                              
President and Secretary of the Senate, and the engrossed and enrolled                                                           
copies were transmitted to the Office of the Governor at 9:58 a.m.,                                                             
March 28, 2007:                                                                                                                 
                                                                                                                                
    HOUSE BILL NO. 102                                                                                                          
    "An Act relating to vacating lanes or slowing down for certain                                                              
    vehicles stopped along the side of a road."                                                                                 
                                                                                                                                

2007-03-28                     House Journal                      Page 0604
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 10:00 a.m., March 29, 2007.  There being no                                                                 
objection, the House adjourned at 10:45 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk