Legislature(2007 - 2008)
2007-04-10 House Journal
Full Journal pdf2007-04-10 House Journal Page 0725 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Tuesday April 10, 2007 Eighty-fifth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:19 a.m. Roll call showed 37 members present. Representative Samuels moved and asked unanimous consent that Representative Joule's excused absence (page 703) be extended to evening plane time, today. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that the following members' excused absences be extended to 1:00 p.m., today: Representatives Dahlstrom (page 683) and Salmon (page 696). There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Tom Matthews of Douglas Island Bible Church. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Recognizing the differences represented here today, I would ask you please to join with me in prayer. Dear Lord: Thank you for each person here today whom you have called to serve in leadership of this great state. I pray that each representative would take seriously their role in representing 2007-04-10 House Journal Page 0726 their districts well. Help these legislators to be men and women of integrity. Keep them from any distractions that would hinder them in their appointed duties. As chaplain here, Lord, I recognize that the strength to persevere cannot come only from within ourselves. Your word also gives us hope of your strength. I think of King David's words, a man also embroiled in the stresses of politics. Thank you for his words of faith found in Psalms 62:1-2: Truly, my soul silently waits for God; from Him comes my salvation. He only is my rock and my salvation, He is my defense; I shall not be greatly moved. Thank you for the strength of character - for the stability that is found in those who follow you. With a confidence in your listening ear, I lift these requests before you in the name of your son, Jesus Christ. Amen. The Pledge of Allegiance was led by Representative Fairclough. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the thstndrdth journal for the 80, 81, 82, 83, and 84 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Procurement Report A Summary of Executive Branch Activity Fiscal Years 2005 and 2006 (as required by AS 36.30.540) 2007-04-10 House Journal Page 0727 REPORTS OF STANDING COMMITTEES HB 176 The Resources Committee considered: HOUSE BILL NO. 176 "An Act creating the Fort Rousseau Causeway State Historical Park." and recommends it be replaced with: CS FOR HOUSE BILL NO. 176(RES) (same title) The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (6): Roses, Seaton, Kohring, Guttenberg, Gatto, Johnson The following fiscal note(s) apply to CSHB 176(RES): 1. Fiscal, Dept. of Natural Resources HB 176 was referred to the Finance Committee. HB 181 The Health, Education & Social Services Committee considered: HOUSE BILL NO. 181 "An Act relating to traffic offenses and traffic offenses committed in a school zone; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 181(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: 2007-04-10 House Journal Page 0728 Do pass (5): Cissna, Fairclough, Seaton, Roses, Wilson Do not pass (1): Gardner Amend (1): Neuman The following fiscal note(s) apply to CSHB 181(HES): 1. Zero, Dept. of Public Safety 2. Fiscal, Dept. of Administration HB 181 was referred to the Judiciary Committee. HB 194 The Resources Committee considered: HOUSE BILL NO. 194 "An Act relating to fines for certain offenses involving aeronautics, alcoholic beverages, boats, fish and game, health care records and public health, medical review organizations, public restroom facilities, smoking, shelter cabins, refrigerators and similar equipment, radiation sources, high voltage lines, child labor, employment in underground mines, marriage licenses, motor vehicles and driver's licenses, ignition interlock devices, pipelines, use of the state seal, and emissions requirements; relating to the maximum fine provided for violations and infractions and to the definition of 'minor offenses'; redesignating certain fish and game misdemeanor offenses as class A misdemeanors; relating to violations and offenses that are committed on state land, water, and land and water or that are related to water management or dam and reservoir safety; amending Rule 8(b), Alaska District Court Rules of Criminal Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 194(RES) (same title) 2007-04-10 House Journal Page 0729 The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (4): Roses, Seaton, Gatto, Johnson No recommendation (2): Kohring, Guttenberg The following fiscal note(s) apply to CSHB 194(RES): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law 4. Zero, Dept. of Natural Resources 5. Zero, Dept. of Public Safety 6. Indeterminate, Dept. of Environmental Conservation 7. Indeterminate, Dept. of Environmental Conservation 8. Indeterminate, Dept. of Labor & Workforce Development 9. Indeterminate, Dept. of Public Safety HB 194 was referred to the Judiciary Committee. HB 212 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 212 "An Act authorizing the transfer of land from the Alaska Railroad Corporation to Eklutna, Inc.; and providing for an effective date." The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: Do pass (6): Cissna, Neuman, Olson, Salmon, Fairclough, LeDoux The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 212 was referred to the Finance Committee. 2007-04-10 House Journal Page 0730 REPORTS OF SPECIAL COMMITTEES HB 204 The House Special Committee on Ways & Means considered: HOUSE BILL NO. 204 "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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 204(W&M) (same title) The report was signed by Representative Hawker, Chair, with the following individual recommendations: Do pass (6): Fairclough, Wilson, Cissna, Seaton, Roses, Hawker No recommendation (1): Gruenberg The following fiscal note(s) apply to CSHB 204(W&M): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration HB 204 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: 2007-04-10 House Journal Page 0731 Honoring - Kake Thunderbirds Boys Basketball Team By Representative Thomas; Senator Kookesh CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 136 The following was read the second time: HOUSE BILL NO. 136 "An Act relating to dental hygienists." with the: Journal Page HES RPT 5DP 410 FN1: INDETERMINATE(CED) 411 L&C RPT 7DP 514 FN1: INDETERMINATE(CED) 515 FIN RPT CS(FIN) 5DP 6NR 597 FN2: INDETERMINATE(CED) 597 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. 136(FIN) (same title) There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 136(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 136(FIN) will advance to third reading on tomorrow's calendar. 2007-04-10 House Journal Page 0732 HB 198 The following, which was held from the April 5, 2007, calendar (page 709), was read the second time: 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." with the: Journal Page HES RPT 4DP 1AM 557 FN1: ZERO(ADM) 557 FN2: (HSS) 557 FIN RPT CS(FIN) NT 8DP 1NR 2AM 688 FN1: ZERO(ADM) 689 FN3: (HSS) 689 FN4: (HSS) 689 FN5: (HSS) 689 FN6: (HSS) 689 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Lynn, Stoltze, Neuman, LeDoux, Gara, Doll, Gardner, Guttenberg, and Gruenberg: Page 1, line 2 (title amendment): Delete "and longevity bonus programs" Insert "program" 2007-04-10 House Journal Page 0733 Page 2, line 1: Delete "former" Page 2, lines 13 - 20: Delete all material. Renumber the following bill sections accordingly. Page 2, lines 24 - 26: Delete all material. Renumber the following bill sections accordingly. Page 6, lines 26 - 29: Delete all material. Renumber the following bill sections accordingly. Page 9, lines 14 - 16: Delete all material and insert: "* Sec. 12. AS 47.45.320 is repealed." Page 9, line 24: Delete "sec. 12" Insert "sec. 9" Page 9, line 31: Delete "sec. 7" Insert "sec. 4" Page 10, lines 6 - 16: Delete all material and insert: "* Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to read: RETROACTIVITY AND REVIVAL. If secs. 1 - 12 of this Act take effect after June 30, 2007, 2007-04-10 House Journal Page 0734 (1) AS 47.45.300 - 47.45.390, as amended by this Act, the repeal of AS 47.45.320, and secs. 11, 12, and 14 of this Act, are retroactive to June 30, 2007; and (2) AS 47.45.300, 47.45.310, 47.45.330, 47.45.340, 47.45.350, 47.45.360, and 47.45.390, as amended by this Act, are revived. * Sec. 18. Sections 15, 16(b), and 17 of this Act take effect immediately under AS 01.10.070(c). * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect June 30, 2007." Representative Lynn moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. Representative Coghill rose to a point of order. The Speaker cautioned members to confine remarks to the amendment. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 198(FIN) Second Reading Amendment No. 1 YEAS: 20 NAYS: 17 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Crawford, Doll, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Harris, Holmes, Kawasaki, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Ramras, Stoltze Nays: Chenault, Cissna, Coghill, Doogan, Fairclough, Foster, Gatto, Hawker, Johansen, Johnson, Kelly, Olson, Roses, Samuels, Seaton, Thomas, Wilson Excused: Dahlstrom, Joule, Salmon And so, Amendment No. 1 was adopted and the new title follows: 2007-04-10 House Journal Page 0735 CS FOR HOUSE BILL NO. 198(FIN) am "An Act establishing the Alaska senior benefits payment program; repealing the senior care program; 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 Speaker stated that, without objection, CSHB 198(FIN) am would be returned to the Rules Committee. 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: th Honoring - Ada Johnson's 75 Birthday By Representatives Cissna, Harris, Chenault, Coghill, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson Honoring - Cordova Wolverines Volleyball Team By Representatives Thomas, Harris, Chenault, Cissna, Coghill, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson In Memoriam - Chief Franklin Madros, Sr. By Senator Kookesh; Representatives Salmon, Harris, Chenault, Cissna, Coghill, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-04-10 House Journal Page 0736 In Memoriam - Kelly Ann Kompkoff By Senator Kookesh; Representatives Thomas, Harris, Chenault, Cissna, Coghill, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson In Memoriam - James Duros By Senator Stevens; Representatives LeDoux, Harris, Chenault, Cissna, Coghill, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kerttula, Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson UNFINISHED BUSINESS HB 181 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 181 "An Act relating to traffic offenses and traffic offenses committed in a school zone; and providing for an effective date." HB 181 is in the Judiciary Committee. HB 87 Representatives Foster and Stoltze added their names as cosponsors to: HOUSE BILL NO. 87 "An Act reestablishing the Citizens' Advisory Commission on Federal Management Areas in Alaska; and providing for an effective date." HB 152 Representative Doll added her name as cosponsor to: HOUSE BILL NO. 152 "An Act establishing a renewable energy fund and describing its uses and purposes." 2007-04-10 House Journal Page 0737 HB 175 Representatives Hawker and Foster added their names as cosponsors to: HOUSE BILL NO. 175 "An Act relating to the prohibition of the exercise of the power of eminent domain against a recreational structure for the purposes of developing a recreational facility or project." HB 198 Representative Cissna added her name as cosponsor to: 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." HB 200 Representative Stoltze added his name as cosponsor 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 The following, which was engrossed and signed by the Speaker and Chief Clerk (page 700), was transmitted to the Senate for consideration: HOUSE BILL NO. 210 "An Act relating to the appointment and qualifications of the adjutant general." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 2007-04-10 House Journal Page 0738 ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 11, 2007. There being no objection, the House adjourned at 11:26 a.m. Suzi Lowell Chief Clerk