Legislature(2007 - 2008)
2007-04-04 House Journal
Full Journal pdf2007-04-04 House Journal Page 0683 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Wednesday April 4, 2007 Seventy-ninth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:07 a.m. Roll call showed 35 members present. Representatives Crawford and Kawasaki had been excused from a call of the House today. Representatives Chenault and Doll were absent and their presence was noted later. Representative Samuels moved and asked unanimous consent that Representative Dahlstrom be excused from a call of the House from today to morning plane time, April 10. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Gruenberg. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. The following invocation was written by Rabbi Sherwin T. Wine for the Alaska State Legislature: We, the members of this legislature are the voice of the people. The voice of the people should always strive to be a voice of reason. 2007-04-04 House Journal Page 0684 If we are the voice of reason, we listen carefully and respectfully to each other. If we are the voice of reason, we pursue goals we know we can achieve. If we are the voice of reason, we let our decisions flow from what is obviously good for the people. May today be a day when we are the voice of reason. Amen. The Pledge of Allegiance was led by Representative Kohring. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the th journal for the 78 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 82 A message dated April 2, 2007, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 82(FIN) "An Act making supplemental appropriations and other appropriations; amending the lapse dates of certain appropriations; and providing for an effective date." Chapter No. 6, SLA 2007 Effective Date: See Chapter REPORTS OF STANDING COMMITTEES HB 61 The Finance Committee considered: 2007-04-04 House Journal Page 0685 HOUSE BILL NO. 61 "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes, including vocational education programs and courses at the secondary school level; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 61(FIN) "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes, including vocational education programs and courses at the secondary school level and to tax credits for cash contributions by tax payers that are accepted by a state-operated vocational technical education and training school; and providing for an effective date." The report was signed by Representatives Chenault and Meyer, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Nelson, Thomas, Joule, Stoltze, Chenault, Meyer No recommendation (2): Hawker, Kelly The following fiscal note(s) apply to CSHB 61(FIN): 1. Indeterminate, Dept. of Revenue HB 61 was referred to the Rules Committee for placement on the calendar. HB 92 The Finance Committee considered: HOUSE BILL NO. 92 "An Act removing the victims' advocate and the staff of the office of victims' rights from the jurisdiction of the office of the ombudsman in the legislative branch." 2007-04-04 House Journal Page 0686 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Gara, Foster, Hawker, Thomas, Stoltze, Meyer No recommendation (4): Crawford, Nelson, Kelly, Chenault The following fiscal note(s) apply: 1. Zero, Legislative Agency HB 92 was referred to the Rules Committee for placement on the calendar. HB 158 The Judiciary Committee considered: HOUSE BILL NO. 158 "An Act providing for the licensing and regulation of private investigators and private investigator agencies; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 158(JUD) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (2): Gruenberg, Lynn No recommendation (5): Coghill, Dahlstrom, Samuels, Holmes, Ramras The following fiscal note(s) apply to CSHB 158(JUD): 1. Zero, Dept. of Public Safety 2. Indeterminate, Dept. of Commerce, Community, & Economic Development 3. Indeterminate, Dept. of Public Safety 2007-04-04 House Journal Page 0687 HB 158 was referred to the Finance Committee. HB 179 The State Affairs Committee considered: HOUSE BILL NO. 179 "An Act relating to insurance for public employees, teachers, and certain retired public employees and teachers and to supplemental employee benefits; relating to teachers' and public employees' defined benefit retirement plans, to teachers' and public employees' defined contribution retirement plans, to employee and employer contributions to the teachers' retirement system and the public employees' retirement system, and to the administration of the Public Employees' Retirement System of Alaska and the deferred compensation program for state employees; establishing in the Department of Revenue the teachers' retirement system past service cost liability account and the public employees' retirement system past service cost liability account; relating to benefits of, references to federal law in, and investments in the teachers' retirement system and the public employees' retirement system; modifying the jurisdiction of the independent office of administrative hearings as related to retirement and related personnel benefits; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 179(STA) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (1): Roses No recommendation (5): Johansen, Gruenberg, Coghill, Doll, Lynn Amend (1): Johnson The following fiscal note(s) apply to CSHB 179(STA): 2007-04-04 House Journal Page 0688 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Revenue HB 179 was referred to the Finance Committee. HB 182 The Judiciary Committee considered: HOUSE BILL NO. 182 "An Act making the offering of certain promotional checks an unfair or deceptive act or practice." and recommends it be replaced with: CS FOR HOUSE BILL NO. 182(JUD) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (6): Gruenberg, Lynn, Dahlstrom, Samuels, Holmes, Ramras The following fiscal note(s) apply to CSHB 182(JUD): 1. Zero, Dept. of Law HB 182 was referred to the Rules Committee for placement on the calendar. HB 198 The Finance Committee considered: HOUSE BILL NO. 198 "An Act establishing the Alaska senior assistance payment program; repealing the senior care and longevity bonus payment programs; and providing for an effective date." and recommends it be replaced with: 2007-04-04 House Journal Page 0689 CS FOR HOUSE BILL NO. 198(FIN) "An Act establishing the Alaska senior benefits payment program; repealing the senior care and longevity bonus payment programs; amending medical assistance income eligibility provisions for persons under 19 years of age, for pregnant women, and for disabled persons; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (8): Hawker, Joule, Nelson, Foster, Thomas, Kelly, Meyer, Chenault No recommendation (1): Stoltze Amend (2): Gara, Crawford The following fiscal note(s) apply to CSHB 198(FIN): 1. Zero, Dept. of Administration 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services 5. Fiscal, Dept. of Health & Social Services 6. Fiscal, Dept. of Health & Social Services HB 198 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Chenault was noted. SJR 1 The Health, Education & Social Services Committee considered: SENATE JOINT RESOLUTION NO. 1 Relating to reauthorization of federal funding for children's health insurance; and encouraging the Governor to support additional funding for and access to children's health insurance. 2007-04-04 House Journal Page 0690 The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (6): Cissna, Neuman, Gardner, Seaton, Roses, Wilson No recommendation (1): Fairclough The following fiscal note(s) apply: 1. Zero, Senate Health, Education & Social Services Committee SJR 1 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 177 The House Special Committee on Oil & Gas considered: HOUSE BILL NO. 177 "An Act relating to the Alaska Gasline Inducement Act; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 177(O&G) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; establishing the gas utility revolving loan fund; making conforming amendments; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: 2007-04-04 House Journal Page 0691 Do pass (3): Ramras, Doogan, Olson No recommendation (2): Samuels, Kawasaki Amend (2): Dahlstrom, Kohring The following fiscal note(s) apply to CSHB 177(O&G): 1. Zero, Dept. of Administration 2. Zero, Dept. of Commerce, Community, & Economic Development 3. Zero, Dept. of Natural Resources 4. Fiscal, Dept. of Natural Resources 5. Fiscal, Dept. of Revenue HB 177 was referred to the Resources Committee. HB 184 The House Special Committee on Military & Veterans' Affairs considered: HOUSE BILL NO. 184 "An Act relating to a commemorative troops license plate; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 184(MLV) "An Act relating to a commemorative troops license plate and to license plates available to disabled veterans; and providing for an effective date." The report was signed by Representative Roses, Chair, with the following individual recommendations: Do pass (4): Dahlstrom, Fairclough, Ramras, Roses Do not pass (1): Kawasaki No recommendation (2): LeDoux, Buch 2007-04-04 House Journal Page 0692 The following fiscal note(s) apply to CSHB 184(MLV): 1. Indeterminate, Dept. of Administration HB 184 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Norman D. Wooten, President, National School Boards Association By Senator Stevens; Representative LeDoux In Memoriam - Elspeth "Betts" Conable Johnson By Senator Stevens; Representative LeDoux INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 232 HOUSE BILL NO. 232 by Representatives Meyer and Salmon, entitled: "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating to a state database for records of certain purchases of alcoholic beverages; relating to the relocation of a license to sell alcoholic beverages; relating to procedures for local option elections for control of alcoholic beverages; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Judiciary, and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 210 The following was read the second time: 2007-04-04 House Journal Page 0693 HOUSE BILL NO. 210 "An Act relating to the appointment and qualifications of the adjutant general." with the: Journal Page MLV RPT 4DP 1NR 625 FN1: ZERO(MVA) 625 STA RPT 7DP 666 FN1: ZERO(MVA) 667 Representative Samuels moved and asked unanimous consent that HB 210 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 210 was read the third time. The question being: "Shall HB 210 pass the House?" The roll was taken with the following result: HB 210 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Crawford, Dahlstrom, Kawasaki Absent: Doll And so, HB 210 passed the House and was referred to the Chief Clerk for engrossment. 2007-04-04 House Journal Page 0694 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 - Nicole Leman, Miss Alaska Junior National Teenager By Senator Green; 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 Honoring - Kimberley Carr By Senator Green; Representatives 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, Thomas, Wilson Honoring - Sydney Michelle Cain By Senator Green; Representatives 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, Thomas, Wilson In Memoriam - Sgt. Daniel Woodcock By Representatives Salmon, 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, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-04-04 House Journal Page 0695 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., April 5 to morning plane time, April 9 Representative Chenault - from noon, April 4 to evening plane time, April 9 Representative Coghill - from noon, April 5 to evening plane time, April 9 Representative Doll - from 1:00 p.m., today to 11:00 a.m., April 9 Representative Edgmon - from noon, April 4 to evening plane time, April 9 Representative Gara - from plane time, tonight to morning plane time, April 10 Representative Gardner - from 6:00 a.m., April 5 to evening plane time, April 9 Representative Gatto - from noon, April 5 to evening plane time, April 9 Representative Harris - from noon, April 5 to afternoon plane time, April 9 Representative Johansen - from 5:00 p.m., April 4 to morning plane time, April 10 Representative Johnson - from noon, April 5 to morning plane time, April 10 Representative Kelly - from 6:00 p.m., April 4 to evening plane time, April 9 2007-04-04 House Journal Page 0696 Representative Kerttula - from 5:00 a.m., April 5 to evening plane time, April 9 Representative LeDoux - from 6:00 a.m., April 5 to evening plane time, April 9 Representative Meyer - from noon, April 4 to evening plane time, April 9 Representative Neuman - from noon, April 5 to evening plane time, April 9 Representative Olson - from 6:00 a.m., April 5 to afternoon plane time, April 9 Representative Ramras - from noon, April 5 to evening plane time, April 9 Representative Salmon - from noon, April 4 to morning plane time, April 10 Representative Samuels - from 6:00 a.m., April 6 to evening plane time, April 9 Representative Seaton - from noon, April 5 to morning plane time, April 10 Representative Thomas - from 6:00 a.m., April 5 to morning plane time, April 10 Representative Wilson - from noon, April 4 to evening plane time, April 6 Representative Roses - from evening plane time, April 6 to morning plane time, April 9 Representative Doogan - from noon, April 5 to evening plane time, April 9 Representative Holmes - from 10:00 a.m., April 5 to noon, plane time, April 9 2007-04-04 House Journal Page 0697 **The presence of Representative Doll was noted. HB 122 Representative Doogan moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 122 "An Act relating to the advisory vote on employment benefits for same-sex partners of public employees and same-sex partners of public employee retirees; and providing for an effective date." There being no objection, HB 122 was withdrawn. HB 216 Representative Doogan moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 216 "An Act making a special appropriation for a public opinion poll regarding a constitutional amendment concerning benefits for same-sex partners; and providing for an effective date." There being no objection, HB 216 was withdrawn. HJR 11 Representative Holmes added her name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 11(STA)(title am) Relating to the increased authority granted to the President of the United States to federalize the National Guard of the individual states without the consent of the governors; and urging the United States Congress to take action to honor the sovereignty of the individual states to regulate and command the National Guard of the states. HJR 15 Representative Holmes added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 15 Supporting the passage of a Filipino Veterans Equity Act and a Filipino Veterans Family Reunification Act. 2007-04-04 House Journal Page 0698 HB 13 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 13 "An Act relating to prepayments of accrued actuarial liabilities of government retirement systems; relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds, notes, commercial paper, or other obligations to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems; authorizing a governmental employer to issue obligations to prepay all or a portion of the governmental employer's shares of the unfunded accrued actuarial liabilities of retirement systems and to enter into a lease or other contractual agreement with a trustee or the Alaska Municipal Bond Bank Authority or a subsidiary of the authority in connection with the issuance of obligations for that purpose, and relating to those obligations; and providing for an effective date." HB 45 Representative Olson added his name as cosponsor to: HOUSE BILL NO. 45 "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaska veterans' cemeteries; and establishing the Alaska veterans' cemetery fund in the general fund." HB 65 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 65 "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of 2007-04-04 House Journal Page 0699 administrative hearings; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date." HB 165 Representatives Johnson, Neuman, and Gatto added their names as cosponsors to: HOUSE BILL NO. 165 "An Act relating to providing field accommodations for big game hunters." HB 198 Representative Joule added his name as cosponsor to: HOUSE BILL NO. 198 "An Act establishing the Alaska senior assistance payment program; repealing the senior care and longevity bonus payment programs; and providing for an effective date." HB 200 Representatives Lynn, Hawker, Holmes, Johnson, LeDoux, and Ramras added their names as cosponsors to: HOUSE BILL NO. 200 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." HB 210 Representatives Lynn, Kerttula, and Guttenberg added their names as cosponsors to: HOUSE BILL NO. 210 "An Act relating to the appointment and qualifications of the adjutant general." HB 220 Representatives Foster, Samuels, Stoltze, and Holmes added their names as cosponsors to: 2007-04-04 House Journal Page 0700 HOUSE BILL NO. 220 "An Act prohibiting computer-assisted remote hunting." HB 221 Representative Holmes added her name as cosponsor to: HOUSE BILL NO. 221 "An Act establishing a high energy cost offset fund and describing its use." HB 224 Representative Holmes added her name as cosponsor 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." ENGROSSMENT HB 210 HB 210 was engrossed and signed by the Speaker and Chief Clerk. ENGROSSMENT AND ENROLLMENT HR 6 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:58 p.m., April 3, 2007: HOUSE RESOLUTION NO. 6 Encouraging all states to oppose the decision of the United States Fish and Wildlife Service to list the polar bear as a threatened species. House Resolve No. 6 2007-04-04 House Journal Page 0701 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., April 5, 2007. There being no objection, the House adjourned at 10:39 a.m. Suzi Lowell Chief Clerk