Legislature(2007 - 2008)

2007-04-05 House Journal

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2007-04-05                     House Journal                      Page 0703
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-FIFTH LEGISLATURE                                                                             
                                                                                                                                
                                                                                                                                
Juneau, Alaska                     Thursday                    April 5, 2007                                                  
                                                                                                                                
                              Eightieth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:07 a.m.                                                                                                            
                                                                                                                                
Roll call showed 22 members present.  Representatives Chenault,                                                                 
Crawford, Dahlstrom, Doll, Edgmon, Gara, Gardner, Holmes,                                                                       
Kawasaki, Kelly, Kerttula, LeDoux, Meyer, Olson, Salmon, Thomas,                                                                
and Wilson had been excused from a call of the House today.                                                                     
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Joule be excused from a call of the House from today                                                             
to evening plane time, April 9.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, Norman Cohen of                                                                     
Congregation Sukkat Shalom.  Representative Coghill moved and                                                                   
asked unanimous consent that the invocation be spread on the journal.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
     With the deepest respect for the religious beliefs of all Alaskans, I                                                      
     offer the following reflection by Albert Einstein.                                                                         
                                                                                                                                
     Strange is our situation here upon earth.                                                                                  
     Each of us comes for a short visit,                                                                                        
     not knowing why,                                                                                                           
     yet sometimes seeming to divine a purpose.                                                                                 
     From the standpoint of daily life, however,                                                                                
     there is one thing we do know:                                                                                             
     that we are here for the sake of others;                                                                                   

2007-04-05                     House Journal                      Page 0704
     above all, for those on whose smile and well-being our own                                                                 
      happiness depends;                                                                                                        
       and also for the countless unknown souls with whose fate we                                                             
      are connected by a bond of sympathy.                                                                                      
       Many times a day I realize how much my own outer and inner                                                              
      life is built upon the labors of others,                                                                                  
     both living and dead,                                                                                                      
     and how earnestly I must exert myself                                                                                      
     in order to give in return                                                                                                 
     as much as I have received and am still receiving.                                                                         
                                                                                                                                
The Pledge of Allegiance was led by Representative Ramras.                                                                      
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                     th                                                                                                         
journal for the 79 legislative day be approved as certified by the                                                              
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated April 4, 2007, was read stating the Senate passed the                                                           
following and they are transmitted for consideration:                                                                           
                                                                                                                                
                       FIRST READING AND REFERENCE                                                                           
                             OF SENATE BILLS                                                                                 
                                                                                                                                
SB 85                                                                                                                         
SENATE BILL NO. 85 by Senator Davis, entitled:                                                                                  
                                                                                                                                
     "An Act extending the termination date for the State Medical                                                               
     Board; and providing for an effective date."                                                                               
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services and Finance Committees.                                                                                                
                                                                                                                                
SB 121                                                                                                                        
CS FOR SENATE BILL NO. 121(L&C) by the Senate Labor and                                                                         
Commerce Committee, entitled:                                                                                                   
                                                                                                                                

2007-04-05                     House Journal                      Page 0705
     "An Act relating to discharge from small commercial passenger                                                              
     vessels; relating to information-gathering requirements for small                                                          
     commercial passenger vessels; providing for an effective date by                                                           
     repealing the delayed effective date found in sec. 16, ch. 153, SLA                                                        
     2004; and providing for an effective date."                                                                                
                                                                                                                                
was read the first time and referred to the Resources and Judiciary                                                             
Committees.                                                                                                                     
                                                                                                                                
SB 123                                                                                                                        
CS FOR SENATE BILL NO. 123(FIN) by the Senate Finance                                                                           
Committee, entitled:                                                                                                            
                                                                                                                                
     "An Act relating to the public employees' and teachers' defined                                                            
     benefit retirement plans; relating to the public employees' and                                                            
     teachers' defined contribution retirement plans; relating to the                                                           
     judicial retirement system; relating to the health reimbursement                                                           
     arrangement plan for certain teachers and public employees;                                                                
     relating to the supplemental employee benefit program; relating to                                                         
     the public employees' deferred compensation program; relating to                                                           
     group insurance for public employees and retirees; making                                                                  
      conforming amendments; and providing for an effective date."                                                             
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HJR 4                                                                                                                         
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 4                                                                                               
     Requesting the Federal Subsistence Board to reconsider its                                                                 
     decision regarding the subsistence fishery priority given to                                                               
     Ninilchik residents.                                                                                                       
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE JOINT RESOLUTION NO. 4(FSH)                                                                                   
     Requesting the Federal Subsistence Board to reconsider its                                                                 
     decisions regarding the subsistence fishery priority given to                                                              
      Ninilchik, Happy Valley, Hope, and Cooper Landing residents.                                                             
                                                                                                                                

2007-04-05                     House Journal                      Page 0706
The report was signed by Representatives Gatto and Johnson, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Roses, Seaton, Kohring, Gatto, Johnson                                                                            
                                                                                                                                
Do not pass (1):  Guttenberg                                                                                                    
                                                                                                                                
The following fiscal note(s) apply to CSHJR 4(FSH):                                                                             
                                                                                                                                
1.  Zero, House Special Committee on Fisheries                                                                                  
                                                                                                                                
HJR 4 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 132                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 132                                                                                                         
     "An Act designating the first Tuesday of May as Alaska                                                                     
     Agriculture Day."                                                                                                          
                                                                                                                                
The report was signed by Representatives Gatto and Johnson, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Roses, Kohring, Seaton, Gatto, Johnson                                                                            
                                                                                                                                
No recommendation (1):  Guttenberg                                                                                              
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 132 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 170                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                

2007-04-05                     House Journal                      Page 0707
     HOUSE BILL NO. 170                                                                                                         
     "An Act relating to annual audit reports by insurers, to custodians                                                        
     of insurer assets, to writing workers' compensation insurance by                                                           
     surplus lines insurers, to reports by surplus lines insurers, to the                                                       
     definition of 'wet marine and transportation insurance,' to false or                                                       
     misleading financial statements concerning insurance audits, and                                                           
     to the membership of the Alaska Life and Health Insurance                                                                  
     Guaranty Association; and providing for an effective date."                                                                
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Buch, Neuman, Ramras, Olson                                                                                       
                                                                                                                                
No recommendation (3):  Gardner, LeDoux, Gatto                                                                                  
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 170 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 197                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 197                                                                                                         
     "An Act relating to the issuance of shares of professional                                                                 
     corporations to a trust, to trusts, to trustees, to the removal of a                                                       
     trustee, to the compensation of a trustee and a person employed by                                                         
     a trustee, to a trustee's accepting or rejecting a trusteeship, to co-                                                     
     trustees, to a vacancy in a trusteeship, to the resignation of a                                                           
     trustee, to delivery of trust property by former trustees, to the                                                          
     reimbursement of trustee expenses, to the certification of a trust,                                                        
     to the suitability of a trustee, to the place of administration of a                                                       
     trust, to a trustee's power to appoint property to another trust, to a                                                     
     change of the percentage of trust property to be considered                                                                
     principal, to the determination of the value of a trust, and to a                                                          
     settlor's intent when transferring property in trust; amending Rules                                                       
     54 and 82, Alaska Rules of Civil Procedure; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                

2007-04-05                     House Journal                      Page 0708
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Gruenberg, Lynn, Holmes, Ramras                                                                                   
                                                                                                                                
No recommendation (2):  Coghill, Samuels                                                                                        
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 197 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
                                th                                                                                              
Honoring - Ada Johnson's 75 Birthday                                                                                            
By Representative Cissna                                                                                                        
                                                                                                                                
Honoring - Cordova Wolverines Volleyball Team                                                                                   
By Representative Thomas                                                                                                        
                                                                                                                                
In Memoriam - Chief Franklin Madros, Sr.                                                                                        
By Senator Kookesh; Representative Salmon                                                                                       
                                                                                                                                
In Memoriam - Kelly Ann Kompkoff                                                                                                
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
In Memoriam - James Duros                                                                                                       
By Senator Stevens; Representative LeDoux                                                                                       
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HJR 17                                                                                                                        
HOUSE JOINT RESOLUTION NO. 17 by Representatives Johnson                                                                        
and Johansen:                                                                                                                   
                                                                                                                                

2007-04-05                     House Journal                      Page 0709
     Encouraging Coeur Alaska, Inc., to pursue all legal options to                                                             
     resolve the issues presented in Southeast Alaska Conservation                                                              
     Council v. United States Army Corps of Engineers on behalf of                                                              
     itself and consistent with the state's efforts to enforce its rights as a                                                  
     state over its resources; and requesting the United States Court of                                                        
     Appeals for the Ninth Circuit to adjudicate those matters that                                                             
     come before the court in a fair and impartial manner so that the                                                           
     state's natural resources can be developed in a timely and lawful                                                          
     manner.                                                                                                                    
                                                                                                                                
was read the first time and referred to the Resources and Judiciary                                                             
Committees.                                                                                                                     
                                                                                                                                
HJR 18                                                                                                                        
HOUSE JOINT RESOLUTION NO. 18 by Representative Johansen:                                                                       
                                                                                                                                
     Opposing the enactment of the provisions in the Next Generation                                                            
     Transportation System Financing Reform Act of 2007 that                                                                    
     increase aviation fuel and aviation gas taxes.                                                                             
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 198                                                                                                                        
The Speaker stated that, without objection, the following would be                                                              
held to the April 10, 2007, calendar:                                                                                           
                                                                                                                                
     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."                                                                            
                                                                                                                                
                          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:                                                         
                                                                                                                                

2007-04-05                     House Journal                      Page 0710
Honoring - Norman D. Wooten, President, National School Boards                                                                  
Association                                                                                                                     
By Senator Stevens; Representatives LeDoux, Harris, Chenault,                                                                   
Cissna, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Hawker, Holmes, Johansen, Joule, Kerttula, Kohring,                                                                 
Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon,                                                                      
Samuels, Seaton, Thomas, Wilson                                                                                                 
                                                                                                                                
In Memoriam - Elspeth "Betts" Conable Johnson                                                                                   
By Senator Stevens; Representatives LeDoux, Harris, Chenault,                                                                   
Cissna, Coghill, Doogan, Fairclough, Foster, Gara, Gardner, Gatto,                                                              
Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Joule, Kerttula,                                                               
Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                                     
Salmon, Samuels, Seaton, 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 Cissna - from 11:00 p.m., April 6 to morning plane                                                               
time, April 10                                                                                                                  
                                                                                                                                
Representative Guttenberg - from noon, April 6 to evening plane time,                                                           
April 8                                                                                                                         
                                                                                                                                
Representative Hawker - from noon, April 5 to afternoon plane time,                                                             
April 9                                                                                                                         
                                                                                                                                
Representative Lynn - from 5:00 p.m., April 5 to morning plane time,                                                            
April 9                                                                                                                         
                                                                                                                                
HB 197                                                                                                                        
The Speaker removed the Finance Committee referral and added a                                                                  
Labor & Commerce Committee referral for the following:                                                                          
                                                                                                                                
     HOUSE BILL NO. 197                                                                                                         
     "An Act relating to the issuance of shares of professional                                                                 
     corporations to a trust, to trusts, to trustees, to the removal of a                                                       

2007-04-05                     House Journal                      Page 0711
     trustee, to the compensation of a trustee and a person employed by                                                         
     a trustee, to a trustee's accepting or rejecting a trusteeship, to co-                                                     
     trustees, to a vacancy in a trusteeship, to the resignation of a                                                           
     trustee, to delivery of trust property by former trustees, to the                                                          
     reimbursement of trustee expenses, to the certification of a trust,                                                        
     to the suitability of a trustee, to the place of administration of a                                                       
     trust, to a trustee's power to appoint property to another trust, to a                                                     
     change of the percentage of trust property to be considered                                                                
     principal, to the determination of the value of a trust, and to a                                                          
     settlor's intent when transferring property in trust; amending Rules                                                       
     54 and 82, Alaska Rules of Civil Procedure; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                
HB 197 was removed from the Finance Committee and referred to the                                                               
Labor & Commerce Committee.                                                                                                     
                                                                                                                                
HB 165                                                                                                                        
Representatives Foster and Lynn added their names as cosponsors to:                                                             
                                                                                                                                
     HOUSE BILL NO. 165                                                                                                         
     "An Act relating to providing field accommodations for big game                                                            
     hunters."                                                                                                                  
                                                                                                                                
HB 166                                                                                                                        
Representatives Gara, Crawford, and Foster added their names as                                                                 
cosponsors to:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 166                                                                                                         
     "An Act relating to contributions from permanent fund dividends                                                            
     to community foundations, to certain educational organizations,                                                            
     and to certain other charitable organizations that provide a positive                                                      
     youth development program, workforce development, aid to the                                                               
     arts, or aid and services to the elderly, low-income individuals,                                                          
     individuals in emergency situations, disabled individuals, or                                                              
     individuals with mental illness; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
HB 198                                                                                                                        
Representative LeDoux removed her name and Representatives Roses,                                                               
Johnson, and Seaton added their names as cosponsors to:                                                                         
                                                                                                                                

2007-04-05                     House Journal                      Page 0712
     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 Roses and Gruenberg 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 213                                                                                                                        
Representative Crawford added his name as cosponsor to:                                                                         
                                                                                                                                
     HOUSE BILL NO. 213                                                                                                         
     "An Act relating to an aggravating factor at sentencing for crimes                                                         
     committed at certain shelters and facilities."                                                                             
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 3:00 p.m., April 9, 2007, for a technical session.                                                          
There being no objection, the House adjourned at 10:31 a.m.                                                                     
                                                                                                                                
                                               Suzi Lowell                                                                      
                                               Chief Clerk