Legislature(2007 - 2008)

2007-04-19 House Journal

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2007-04-19                     House Journal                      Page 0831
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
                       TWENTY-FIFTH LEGISLATURE                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Thursday                 April 19, 2007                                                      
                                                                                                                                
                           Ninety-fourth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:07 a.m.                                                                                                            
                                                                                                                                
Roll call showed 34 members present.  Representatives Dahlstrom,                                                                
Gara, Kerttula, and LeDoux had been excused from a call of the House                                                            
today.  Representative Hawker was absent.  Representative Seaton was                                                            
absent and his presence was noted later.                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Scott Williamson                                                             
of Glacier Valley Baptist Church.  Representative Coghill moved and                                                             
asked unanimous consent that the invocation be spread on the journal.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
    With respect for the various faiths that are represented here, I                                                            
    offer this prayer.                                                                                                          
                                                                                                                                
    Dear Lord, I am reminded of the psalmist who said, "I lift my                                                               
    eyes up to the hills, where does my help come from?  My help                                                                
    comes from the Lord who made heaven and earth."                                                                             
                                                                                                                                
    On this day, help these men and women do their work with a                                                                  
    sense of thankfulness for the confidence their fellow citizens                                                              
    have placed in them.  Remind them that they have been given                                                                 
    the rare privilege of service to their state.  Father, they are in                                                          
    positions of leadership and leadership always draws                                                                         
    opposition and criticism; remind them that anytime we make                                                                  
    decisions there will be those who don't understand.  Help                                                                   
    them use their leadership abilities, their convictions, and their                                                           

2007-04-19                     House Journal                      Page 0832
       courage to do good for the people of Alaska.  Let history                                                               
    show the wisdom of decisions that are made now.                                                                             
                                                                                                                                
   Father, I thank you for the students that are here today.  I pray                                                           
       that from amongst those students that you might raise up                                                                
    future leaders for the state of Alaska.                                                                                     
                                                                                                                                
      I pray these things in the name of Jesus, who stands by all                                                              
    who follow his leadership.  Amen.                                                                                           
                                                                                                                                
The Pledge of Allegiance was led by Representative Kawasaki.                                                                    
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                    rd                                                                                                          
journal for the 93 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 18, 2007, was read stating the Senate accepted                                                            
the invitation to meet in joint session in the House Chamber at                                                                 
11:00 a.m., May 14 to consider confirmation of the Governor's                                                                   
appointments.                                                                                                                   
                                                                                                                                
HB 96                                                                                                                         
A message received at 2:34 p.m., April 18, 2007, was read stating the                                                           
Senate passed CSHB 96(FIN) with the following amendment and it is                                                               
transmitted for consideration:                                                                                                  
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 96(FIN)                                                                                 
    "An Act making appropriations for the operating and capital                                                                 
    expenses of the state's integrated comprehensive mental health                                                              
    program; and providing for an effective date."                                                                              
                                                                                                                                
CSHB 96(FIN) is under Unfinished Business.                                                                                      
                                                                                                                                
A message dated April 18, 2007, was read stating the Senate passed                                                              
the following and it is transmitted for consideration:                                                                          
                                                                                                                                

2007-04-19                     House Journal                      Page 0833
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 109                                                                                                                        
CS FOR SENATE BILL NO. 109(RES) by the Senate Resources                                                                         
Committee, entitled:                                                                                                            
                                                                                                                                
    "An Act relating to the regulation and permitting of drilling and                                                           
    other operations by the Alaska Oil and Gas Conservation                                                                     
    Commission, to civil penalties assessed by the commission, to                                                               
    reconsideration and appeal of decisions and the allocation of costs                                                         
    in investigations and hearings before the commission, and to                                                                
    information filed with and fees of the commission; and providing                                                            
    for an effective date."                                                                                                     
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 87                                                                                                                         
The Rules Committee considered:                                                                                                 
                                                                                                                                
    HOUSE BILL NO. 87                                                                                                           
    "An Act reestablishing the Citizens' Advisory Commission on                                                                 
    Federal Management Areas in Alaska; and providing for an                                                                    
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 87(FIN)                                                                                               
    "An Act relating to the Citizens' Advisory Commission on Federal                                                            
    Management Areas in Alaska; and providing for an effective                                                                  
    date."                                                                                                                      
                                                                                                                                
The report was signed by Representative Coghill, Chair, with the                                                                
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Fairclough, Coghill                                                                                               
                                                                                                                                
No recommendation (2):  Harris, Johnson                                                                                         
                                                                                                                                

2007-04-19                     House Journal                      Page 0834
The following fiscal note(s) apply to CSHB 87(FIN):                                                                             
                                                                                                                                
2.  Zero, Legislative Agency                                                                                                    
4.  Fiscal, Dept. of Natural Resources                                                                                          
                                                                                                                                
HB 87 was returned to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
**The presence of Representative Seaton was noted.                                                                              
                                                                                                                                
                                                                                                                                
HB 205                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 205                                                                                                          
    "An Act relating to real estate broker and real estate salesperson                                                          
    licensing; and providing for an effective date."                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 205(FIN)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Crawford, Thomas, Meyer, Chenault                                                                                 
                                                                                                                                
No recommendation (4):  Gara, Stoltze, Joule, Hawker                                                                            
                                                                                                                                
The following fiscal note(s) apply to CSHB 205(FIN):                                                                            
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 205 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
SB 61                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                

2007-04-19                     House Journal                      Page 0835
    CS FOR SENATE BILL NO. 61(FIN) am                                                                                           
    "An Act transferring funds to the public education fund; making                                                             
    supplemental and other appropriations; amending appropriations;                                                             
    and providing for an effective date."                                                                                       
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Thomas, Hawker, Meyer, Chenault                                                                                   
                                                                                                                                
No recommendation (5):  Gara, Nelson, Stoltze, Crawford, Joule                                                                  
                                                                                                                                
CSSB 61(FIN) am was referred to the Rules Committee for placement                                                               
on the calendar.                                                                                                                
                                                                                                                                
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Brian Oliver                                                                                                         
By Senator Dyson                                                                                                                
                                                                                                                                
In Memoriam - Lillian Shaw                                                                                                      
By Representative Gruenberg                                                                                                     
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 240                                                                                                                        
HOUSE BILL NO. 240 by Representatives Coghill and Johnson,                                                                      
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to human trafficking and prostitution."                                                                    
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                

2007-04-19                     House Journal                      Page 0836
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 149                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 149                                                                                                          
    "An Act relating to the authority of the Department of                                                                      
    Environmental Conservation to require certain monitoring,                                                                   
    sampling, and reporting and to require permits for certain                                                                  
    discharges of pollutants; relating to criminal penalties for                                                                
    violations of the permit program; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 RES RPT CS(RES) 4DP 1DNP 4NR                                         515                                                       
 FN1: ZERO(DEC)                                                       516                                                       
 JUD RPT CS(RES) 3DP 3NR                                              767                                                       
 FN1: ZERO(DEC)                                                       768                                                       
 FN2: ZERO(LAW)                                                       768                                                       
                                                                                                                                
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. 149(RES)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 149(RES) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 149(RES) will advance to third reading on tomorrow's                                                                       
calendar.                                                                                                                       
                                                                                                                                

2007-04-19                     House Journal                      Page 0837
HB 152                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 152                                                                                                          
    "An Act establishing a renewable energy fund and describing its                                                             
    uses and purposes."                                                                                                         
                                                                                                                                
with the:                                                   Journal Page                                                        
                                                                                                                                
 CRA RPT CS(CRA) NT 7DP                                               578                                                       
 FN1: (CED)                                                           578                                                       
 FN2: (CED)                                                           578                                                       
 FIN RPT CS(FIN) NT 5DP 3NR                                           796                                                       
 FN3: INDETERMINATE(H.FIN/CED)                                        796                                                       
 FN4: INDETERMINATE(H.FIN/CED)                                        796                                                       
                                                                                                                                
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. 152(FIN)                                                                                              
    "An Act establishing a renewable energy project account and a                                                               
    renewable energy fund and describing their uses and purposes."                                                             
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 152(FIN) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 152(FIN) was read the third time.                                                                                          
                                                                                                                                
The question being:  "Shall CSHB 152(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 152(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                                               

2007-04-19                     House Journal                      Page 0838
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Doll, Doogan,                                                                 
Edgmon, Fairclough, Foster, Gardner, Gatto, Gruenberg, Guttenberg,                                                              
Harris, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kohring,                                                             
Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon,                                                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                        
                                                                                                                                
Excused:  Dahlstrom, Gara, Kerttula, LeDoux                                                                                     
                                                                                                                                
Absent:  Hawker                                                                                                                 
                                                                                                                                
And so, CSHB 152(FIN) passed the House and was referred to the                                                                  
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                     HOUSE BILLS IN SECOND READING                                                                           
                                                                                                                                
HB 113                                                                                                                        
The following, which was held in second reading from the April 18,                                                              
2007, calendar (page 822), was again before the House:                                                                          
                                                                                                                                
    CS FOR HOUSE BILL NO. 113(HES)                                                                                              
    "An Act relating to the prescription and use of pharmaceutical                                                              
    agents, including controlled substances, by optometrists."                                                                  
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 113(HES) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 113(HES) was read the third time.                                                                                          
                                                                                                                                
The question being:  "Shall CSHB 113(HES) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 113(HES)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  30   NAYS:  5   EXCUSED:  4   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Doogan, Edgmon, Fairclough,                                                             
Foster, Gatto, Gruenberg, Guttenberg, Harris, Holmes, Johansen,                                                                 
Joule, Kawasaki, Kelly, Kohring, Lynn, Meyer, Nelson, Neuman,                                                                   
Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas                                                                  
                                                                                                                                

2007-04-19                     House Journal                      Page 0839
Nays:  Crawford, Doll, Gardner, Johnson, Wilson                                                                                 
                                                                                                                                
Excused:  Dahlstrom, Gara, Kerttula, LeDoux                                                                                     
                                                                                                                                
Absent:  Hawker                                                                                                                 
                                                                                                                                
And so, CSHB 113(HES) passed the House.                                                                                         
                                                                                                                                
Representative Crawford gave notice of reconsideration of the vote on                                                           
CSHB 113(HES).                                                                                                                  
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House approve the citation on the calendar.  There being no objection,                                                          
the following citation was approved and sent to enrolling:                                                                      
                                                                                                                                
Honoring - Lance Trasky                                                                                                         
By Representatives Gara, Harris, Chenault, Cissna, Coghill, Crawford,                                                           
Dahlstrom, Doll, Doogan, Fairclough, Gardner, Gatto, Gruenberg,                                                                 
Guttenberg, Hawker, Holmes, Johansen, Joule, Kawasaki, Kerttula,                                                                
LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
SJR 1                                                                                                                         
The Speaker waived the Finance Committee referral for the following                                                             
at the request of Representative Meyer, Co-chair:                                                                               
                                                                                                                                
    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.                                                                      
                                                                                                                                
SJR 1 was removed from the Finance Committee and referred to the                                                                
Rules Committee for placement on the calendar.                                                                                  
                                                                                                                                
HB 113                                                                                                                        
Representative Lynn added his name as cosponsor to:                                                                             
                                                                                                                                

2007-04-19                     House Journal                      Page 0840
    CS FOR HOUSE BILL NO. 113(HES)                                                                                              
    "An Act relating to the prescription and use of pharmaceutical                                                              
    agents, including controlled substances, by optometrists."                                                                  
                                                                                                                                
HB 132                                                                                                                        
Representative Kohring added his name as cosponsor to:                                                                          
                                                                                                                                
    HOUSE BILL NO. 132                                                                                                          
    "An Act designating the first Tuesday of May as Alaska                                                                      
    Agriculture Day."                                                                                                           
                                                                                                                                
                                                                                                                                
HB 152                                                                                                                        
Representatives Kawasaki, Joule, Seaton, Lynn, Gruenberg, and                                                                   
Johansen added their names as cosponsors to:                                                                                    
                                                                                                                                
    CS FOR HOUSE BILL NO. 152(FIN)                                                                                              
    "An Act establishing a renewable energy project account and a                                                               
    renewable energy fund and describing their uses and purposes."                                                             
                                                                                                                                
SJR 3                                                                                                                         
Representative Seaton added his name as cross sponsor to:                                                                       
                                                                                                                                
    SENATE JOINT RESOLUTION NO. 3                                                                                               
    Relating to the effect of Medicare rates on senior citizens' access                                                         
    to healthcare; and urging the United States Congress to increase                                                            
    Medicare rates for Alaska.                                                                                                  
                                                                                                                                
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 152                                                                                                                        
CSHB 152(FIN) was engrossed, signed by the Speaker and Chief                                                                    
Clerk and transmitted to the Senate for consideration.                                                                          
                                                                                                                                
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                

2007-04-19                     House Journal                      Page 0841
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 10:00 a.m., April 20, 2007.  There being no                                                                 
objection, the House adjourned at 10:48 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk