Legislature(2007 - 2008)
2007-04-24 House Journal
Full Journal pdf2007-04-24 House Journal Page 0883 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Tuesday April 24, 2007 Ninety-ninth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:13 a.m. Roll call showed 36 members present. Representatives Chenault, Kerttula, and Nelson had been excused from a call of the House today. Representative Samuels moved and asked unanimous consent that Representative Kohring be excused from a call of the House from today to evening plane time, April 25. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Kayla Epstein of Congregation Sukkat Shalom. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. Hi-nei ma-tov u-ma na-im sheh-vet a-chim gam ya-chad. How good it is, and how pleasant, when we dwell together in unity. Surrounded by the members of the community in which I live, I come before you, Eternal God. I share my happiness with them and it becomes greater. I share my trouble with them and it seems smaller. May I never be too selfish to give, nor 2007-04-24 House Journal Page 0884 too proud to receive, for in giving and receiving I discover you, as I begin to discover the meaning of my life. Let me not separate myself from the true strength of my community: the experience and wisdom of old people, the hopes of the young, and the examples of care and courage which sustain me. Give me an open heart and an open mind to welcome those who need me and to receive your presence in my daily life. I think of what our community could be and the harmony that could unite us. I think of our loneliness and the friendship that could fill our lives. I think of the good that we could do if we were one in spirit. I know that this is your will and pray for your help. May I and those around me find our joy together, and thank you for the power you give us to help each other. Amen. The Pledge of Allegiance was led by Representative Seaton. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the journal for the 98th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Lynn introduced Jesslin Wooliver, Guest Page, from Anchorage. Representative Guttenberg introduced James Hollis, McKenzie Pearson, Sky Shepherd, and Jamie Sutton, Guest Pages, from Anderson. MESSAGES FROM THE SENATE HB 35 A message dated April 23, 2007, was read stating the Senate passed: 2007-04-24 House Journal Page 0885 HOUSE BILL NO. 35 "An Act extending the termination date for the Board of Certified Direct-Entry Midwives; and providing for an effective date." HB 35 was referred to the Chief Clerk for enrollment. COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement Between the State and the Inlandboatmen's Union of the Pacific April 23, 2007 (as required by AS 23.40.215) The Speaker referred the monetary terms of agreement to the Finance Committee. REPORTS OF STANDING COMMITTEES HJR 7 The Judiciary Committee considered: HOUSE JOINT RESOLUTION NO. 7 Proposing amendments to the Constitution of the State of Alaska to avoid the use of personal pronouns and similar references that denote masculine or feminine gender in that document. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 7(STA) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (1): Gruenberg 2007-04-24 House Journal Page 0886 No recommendation (5): Lynn, Dahlstrom, Samuels, Holmes, Ramras The following fiscal note(s) apply to CSHJR 7(STA): 1. Fiscal, Office of the Governor HJR 7 was referred to the Finance Committee. HB 45 The Finance Committee considered: HOUSE BILL NO. 45 "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaska veterans' cemeteries; and establishing the Alaska veterans' cemetery fund in the general fund." and recommends it be replaced with: CS FOR HOUSE BILL NO. 45(MLV) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (9): Gara, Thomas, Crawford, Stoltze, Joule, Kelly, Hawker, Meyer, Chenault The following fiscal note(s) apply to CSHB 45(MLV): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Indeterminate, Dept. of Military & Veterans' Affairs HB 45 was referred to the Rules Committee for placement on the calendar. HB 65 The Labor & Commerce Committee considered: 2007-04-24 House Journal Page 0887 HOUSE BILL NO. 65 "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 65(L&C) (same title) The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (2): Gatto, Neuman No recommendation (3): Buch, LeDoux, Olson Amend (1): Gardner The following fiscal note(s) apply to CSHB 65(L&C): 1. Indeterminate, Office of the Governor/All Depts. 2. Fiscal, Dept. of Administration HB 65 was referred to the Judiciary Committee. HB 164 The Judiciary Committee considered: HOUSE BILL NO. 164 "An Act relating to reporting of vessel location by certain commercial passenger vessels operating in the marine waters of the state, to access to vessels by licensed marine engineers for purposes of monitoring compliance with state and federal requirements, and to the obligations of those engineers while aboard the vessels; and providing for an effective date." 2007-04-24 House Journal Page 0888 and recommends it be replaced with: CS FOR HOUSE BILL NO. 164(JUD) "An Act relating to reporting of vessel location by certain commercial passenger vessels operating in the marine waters of the state, to access to vessels by a wastewater treatment operator for purposes of monitoring compliance with state and federal requirements, to the obligations of that operator while aboard the vessels, and to the qualifications of the wastewater treatment operator; and providing for an effective date." The report was signed by Representative Dahlstrom, Vice Chair, with the following individual recommendations: Do pass (2): Coghill, Ramras Do not pass (1): Dahlstrom No recommendation (3): Gruenberg, Samuels, Holmes Amend (1): Lynn The following fiscal note(s) apply to CSHB 164(JUD): 1. Fiscal, Dept. of Environmental Conservation 2. Zero, Dept. of Law HB 164 was referred to the Finance Committee. HB 213 The Judiciary Committee considered: HOUSE BILL NO. 213 "An Act relating to an aggravating factor at sentencing for crimes committed at certain shelters and facilities." and recommends it be replaced with: 2007-04-24 House Journal Page 0889 CS FOR HOUSE BILL NO. 213(JUD) "An Act relating to an aggravating factor at sentencing for crimes committed at, or affecting persons or property at, certain shelters and facilities." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (6): Gruenberg, Lynn, Coghill, Dahlstrom, Holmes, Ramras No recommendation (1): Samuels The following fiscal note(s) apply to CSHB 213(JUD): 1. Zero, Dept. of Corrections 2. Zero, Dept. of Law HB 213 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 - Tyler Hughes By Representative Gatto In Memoriam - Rosenda "Rudy" A. Govina By Senator Elton; Representatives Kerttula, Doll In Memoriam - Norma Goodman By Senator Bunde CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 170 The following was read the second time: 2007-04-24 House Journal Page 0890 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." with the: Journal Page L&C RPT 4DP 3NR 706 FN1: ZERO(CED) 707 FIN RPT CS(FIN) NT 9DP 870 FN1: ZERO(CED) 871 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. 170(FIN) "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, to high deductible health plans, to retaliation for obligations, prohibitions, or restrictions imposed on Alaska insurers by other states or countries, and to the membership of the Alaska Life and Health Insurance Guaranty Association; and providing for an effective date." There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 170(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 170(FIN) was read the third time. 2007-04-24 House Journal Page 0891 The question being: "Shall CSHB 170(FIN) pass the House?" The roll was taken with the following result: CSHB 170(FIN) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Guttenberg Excused: Chenault, Kerttula, Kohring, Nelson And so, CSHB 170(FIN) passed the House. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 170(FIN) was referred to the Chief Clerk for engrossment. HB 185 The following was read the second time: HOUSE BILL NO. 185 "An Act relating to certain municipal service areas that provide road services." with the: Journal Page CRA RPT CS(CRA) 2DP 4NR 598 FN1: ZERO(CED) 598 TRA RPT CS(CRA) 2DP 2NR 769 FN1: ZERO(CED) 770 2007-04-24 House Journal Page 0892 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. 185(CRA) (same title) There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 185(CRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 185(CRA) was read the third time. The question being: "Shall CSHB 185(CRA) pass the House?" The roll was taken with the following result: CSHB 185(CRA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Chenault, Kerttula, Kohring, Nelson And so, CSHB 185(CRA) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 229 The following, which was advanced to third reading from the April 23, 2007, calendar (page 875), was read the third time: 2007-04-24 House Journal Page 0893 HOUSE BILL NO. 229 am "An Act authorizing the Alaska Railroad Corporation to participate in a project consisting of the acquisition, construction, improvement, maintenance, equipping, or operation of real and personal property, including facilities and equipment, for the Kenai gasification project and Port MacKenzie rail link, authorizing the corporation to issue bonds to finance all or a portion of the project, and identifying these as bonds for an essential public and governmental purpose; and providing for an effective date." The Speaker stated that, without objection, HB 229 am would be held to tomorrow's calendar. THIRD READING OF SENATE BILLS SB 61 The following, which was advanced to third reading from the April 23, 2007, calendar (page 875), was read the third time: 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 question being: "Shall CSSB 61(FIN) am pass the House?" The roll was taken with the following result: CSSB 61(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-04-24 House Journal Page 0894 Excused: Chenault, Kerttula, Kohring, Nelson Absent: Ramras And so, CSSB 61(FIN) am passed the House. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 61(FIN) am was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 18 The following was read the second time: HOUSE JOINT RESOLUTION NO. 18 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. with the: Journal Page TRA RPT CS(TRA) NT 5DP 845 FN1: ZERO(LEG) 845 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 18(TRA) Opposing the enactment of the provisions in the Next Generation Air Transportation System Financing Reform Act of 2007 that impose air traffic control user fees, increase aviation fuel and aviation gas taxes, reduce airport funding, and reduce Congressional oversight of the Federal Aviation Administration. 2007-04-24 House Journal Page 0895 There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHJR 18(TRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 18(TRA) was read the third time. Representative Samuels moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Samuels was required to vote. The question being: "Shall CSHJR 18(TRA) pass the House?" The roll was taken with the following result: CSHJR 18(TRA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Chenault, Kerttula, Kohring, Nelson And so, CSHJR 18(TRA) passed the House and was referred to the Chief Clerk for engrossment. 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: 2007-04-24 House Journal Page 0896 Honoring - Sheila Beardsley By Representatives Thomas, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson; Senator Kookesh Honoring - 2007 Fairbanks Women of Distinction, Samantha Kirstein, Henrine Gray, Ann Shortt, and Niesje Steinkruger By Representatives Kawasaki, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - 2007 Petersburg High School Boys Basketball Team By Representatives Wilson, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas; Senator Stedman Honoring - 2007 Petersburg High School Cheer Team By Representatives Wilson, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas; Senator Stedman Honoring - Senator Georgianna Lincoln By Senator Kookesh; Representatives Salmon, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-04-24 House Journal Page 0897 Honoring - Huslia Lady Huslers Basketball Team By Senator Kookesh; Representatives Salmon, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - Yakutat Girls Basketball Team By Senator Kookesh; Representatives Thomas, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson In Memoriam - Shirley A. Demientieff By Senator Kookesh; Representatives Kawasaki, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Sharon Lee Ranney By Senator Kookesh; Representatives Thomas, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson UNFINISHED BUSINESS Representative Samuels moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Roses - from noon, April 25 to evening plane time, April 27 2007-04-24 House Journal Page 0898 HJR 18 Representatives Crawford, Buch, Lynn, Guttenberg, Harris, and Kelly added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 18(TRA) Opposing the enactment of the provisions in the Next Generation Air Transportation System Financing Reform Act of 2007 that impose air traffic control user fees, increase aviation fuel and aviation gas taxes, reduce airport funding, and reduce Congressional oversight of the Federal Aviation Administration. HB 67 Representative Wilson added her name as cosponsor to: HOUSE BILL NO. 67 "An Act relating to an optional exemption from municipal property taxes on certain residences of law enforcement officers." HB 213 Representative Ramras 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." ENGROSSMENT HJR 18 CSHJR 18(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 170 CSHB 170(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 185 CSHB 185(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2007-04-24 House Journal Page 0899 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 25, 2007. There being no objection, the House adjourned at 10:52 a.m. Suzi Lowell Chief Clerk 2007-04-24 House Journal Page 0900 HOUSE JOURNAL INDEX HB 35 884-885 HB 45 886 HB 65 886-887 HB 67 898 HB 164 887-888 HB 170 889-891, 898 HB 185 891-892, 898 HB 213 888-889, 898 HB 229 892-893 HJR 7 885-886 HJR 18 894-895, 898 SB 61 893-894