Legislature(2007 - 2008)
2007-05-11 House Journal
Full Journal pdf2007-05-11 House Journal Page 1255 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Friday May 11, 2007 One Hundred Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:09 a.m. Roll call showed 37 members present. Representatives Guttenberg, Kelly, and Kerttula were absent and their presence was noted later. The invocation was offered by the Chaplain, the Reverend George Silides of Holy Trinity Episcopal Church. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With deepest respect for the religious traditions of all Alaskans, I offer this prayer. Blessed Lord, whose joy it is to create and cultivate the works of thy hands, look with favor, we pray, upon this great land in which we dwell. Give us all a due sense of our responsibilities as stewards of this great bounty and our own lives' dependence upon the health of this land. Bless us with seasonable weather, we pray, for those who make their living on the sea or who cultivate the fields for harvest. We pray protection upon those who serve to protect our land and homes from fire and who offer their talents to the service and safety of others. For those in uniform who call this state their home, we ask your blessing that the causes which have called them into danger may be put to rest and that all who serve in harm's way may return home in safety, their bodies and spirits protected from violence given and received. In the daily work 2007-05-11 House Journal Page 1256 of this house, O Lord, imbue each member with grace and charity toward themselves as well as others. And may your peace, which scripture tells us is unlike any we can create ourselves, prevail in our homes, across ours state, this nation, and the world. Amen. The Pledge of Allegiance was led by Representative Crawford. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the th journal for the 115 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated May 11, 2007, was read stating that, in accordance with AS 14.40.150, the Governor submits the following name for legislative confirmation of appointment to the board noted. The Speaker referred the following to the Health, Education & Social Services Committee: University of Alaska Board of Regents Mr. William Andrews, Jr. - Juneau Appointed: 6/1/2007 Term Expires: 5/31/2009 A resume for the appointment is on file in the Chief Clerk's office. **The presence of Representatives Guttenberg and Kerttula was noted. MESSAGES FROM THE SENATE HJR 20 A message dated May 10, 2007, was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 20 Urging the United States Congress to intervene to eliminate or reduce the planned parcel post and bypass mail rate increases 2007-05-11 House Journal Page 1257 adopted by the United States Postal Service because of the severe effect the rate increases will have on rural Alaska. HJR 20 was referred to the Chief Clerk for enrollment. HJR 4 A message dated May 10, 2007, was read stating the Senate passed CSHJR 4(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 4(RES) Requesting the Federal Subsistence Board to rescind its decisions regarding the subsistence fishery priority given to Ninilchik, Happy Valley, Hope, and Cooper Landing residents. CSHJR 4(RLS) is under Unfinished Business. SB 59 A message dated May 10, 2007, was read stating the Senate failed to concur in the House amendment to: CS FOR SENATE BILL NO. 59(FIN) "An Act relating to the use of broadcasting to promote charitable raffles and lotteries and to establishing cabbage classics as a form of charitable gaming." namely: HOUSE CS FOR CS FOR SENATE BILL NO. 59(FIN) "An Act relating to the use of broadcasting to promote dog mushers' contests and charitable raffles and lotteries; to the maximum amount of prices that may be awarded for charitable gaming activities other than bingo; to the use of the proceeds of charitable gaming; and to establishing cabbage classics as a form of charitable gaming." (HCR 7(fld H) - title change resolution) 2007-05-11 House Journal Page 1258 and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Stevens, Chair Senator Wielechowski Senator Wagoner CSSB 59(FIN) is under Unfinished Business. Messages dated May 10, 2007, were received stating the Senate passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 27 CS FOR SENATE BILL NO. 27(FIN) am by the Senate Finance Committee, entitled: "An Act relating to eligibility requirements for medical assistance for certain children, pregnant women, disabled persons, and persons in medical or intermediate care facilities; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 80 CS FOR SENATE BILL NO. 80(FIN) by the Senate Finance Committee, entitled: "An Act relating to allowable lease expenditures for the purpose of determining the production tax value of oil and gas for the purposes of the oil and gas production tax; and providing for an effective date." was read the first time and referred to the Finance Committee. 2007-05-11 House Journal Page 1259 SB 171 SENATE BILL NO. 171 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the withdrawal of a candidate from a judicial retention election and the removal of such a candidate's name from the general election ballot; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. REPORTS OF STANDING COMMITTEES HB 177 The Finance Committee considered: HOUSE BILL NO. 177 "An Act relating to the Alaska Gasline Inducement Act; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 177(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act reimbursement fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Thomas, Kelly, Nelson, Stoltze, Meyer, Chenault 2007-05-11 House Journal Page 1260 No recommendation (1): Hawker Amend (3): Gara, Crawford, Joule The following fiscal note(s) apply to CSHB 177(FIN): 1. Zero, Dept. of Administration 2. Zero, Dept. of Commerce, Community, & Economic Development 3. Zero, Dept. of Natural Resources 5. Fiscal, Dept. of Revenue 6. Fiscal, Office of the Governor 7. Fiscal, Dept. of Labor & Workforce Development 8. Fiscal, Dept. of Natural Resources HB 177 is on today's calendar. HB 199 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 199 "An Act relating to an optional exemption from municipal property taxes for residential property." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(CRA) (same title) The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: Do pass (3): Cissna, Salmon, LeDoux No recommendation (4): Dahlstrom, Neuman, Olson, Fairclough The following fiscal note(s) apply to CSHB 199(CRA): 1. Indeterminate, Dept. of Revenue 2007-05-11 House Journal Page 1261 HB 199 was referred to the Finance Committee. **The presence of Representative Kelly was noted. HB 214 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 214 "An Act naming the state parking garage being constructed in Anchorage north of the Robert B. Atwood Building as the Carolyn 'Linny' Pacillo Parking Garage." The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: Do pass (2): Fairclough, LeDoux Do not pass (1): Cissna No recommendation (4): Dahlstrom, Neuman, Salmon, Olson The following fiscal note(s) apply: 1. Zero, Dept. of Administration HB 214 was referred to the Rules Committee for placement on the calendar. SB 139 The Transportation Committee considered: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139 "An Act repealing a limitation on the liability of certain airfield owners or operators." The report was signed by Representative Johansen, Chair, with the following individual recommendations: Do pass (5): Johnson, Kohring, Fairclough, Salmon, Johansen 2007-05-11 House Journal Page 1262 The following fiscal note(s) apply: 1. Zero, Dept. of Law 2. Zero, Dept. of Administration SSSB 139 was referred to the Rules Committee for placement on the calendar. SB 141 The Labor & Commerce Committee considered: SENATE BILL NO. 141 "An Act relating to limited liability companies." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (1): Olson No recommendation (3): Gardner, LeDoux, Buch The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development SB 141 was referred to the Judiciary Committee. SB 145 The Judiciary Committee considered: SENATE BILL NO. 145 "An Act relating to municipal impoundment and forfeiture." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 145(JUD) (same title) 2007-05-11 House Journal Page 1263 The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (4): Samuels, Holmes, Dahlstrom, Ramras No recommendation (2): Gruenberg, Coghill The following fiscal note(s) apply to HCS SB 145(JUD): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Administration 3. Zero, Dept. of Labor & Workforce Development SB 145 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 171 The Conference Committee with limited powers of free conference considering CSHB 171(STA) am and SCS CSHB 171(STA) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 171 "An Act relating to the date and time for convening regular legislative sessions, certain procedures of the legislature, the date for organizing the Legislative Budget and Audit Committee, and deadlines for certain matters or reports to be filed or delivered to the legislature or a legislative committee; prohibiting bonuses for legislative employees; and providing for an effective date." The report was signed by Representatives Coghill (Chair), Johnson, Gruenberg; and Senators McGuire (Chair), Stevens. The following fiscal note(s) apply to CCS HB 171: 1. Zero, Office of the Governor/All Depts. 2007-05-11 House Journal Page 1264 Representative Samuels moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 171. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 171 Adopt YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Absent: Kohring And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting CCS HB 171. 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. The Chief Clerk notified the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Oscar Kawagley By Representative Nelson 2007-05-11 House Journal Page 1265 Honoring - Bruce Perry By Representative Nelson Honoring - Yaqungviat Flight School By Representative Nelson In Memoriam - Mary Angak'aq Phillip By Representative Nelson In Memoriam - George Hohman By Representative Nelson In Memoriam - John Wassillie By Representative Nelson In Memoriam - George Raymond Horner By Senator Thomas INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 9 HOUSE CONCURRENT RESOLUTION NO. 9 by Representatives Harris and Dahlstrom: Congratulating Alaska Airlines on its 75th anniversary. was read the first time. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 256 HOUSE BILL NO. 256 by the House Rules Committee by request of the Governor, entitled: "An Act relating to active game management and to the airborne or same day airborne taking of certain game animals; making conforming amendments; and providing for an effective date." 2007-05-11 House Journal Page 1266 was read the first time and referred to the Resources and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game The Governor's transmittal letter dated May 10, 2007, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to active game management. In general, the bill simplifies and clarifies the state's current intensive management law for big game and the state's "same day airborne hunting" law. This bill harmonizes these two currently inconsistent laws, and makes both laws more workable and consistent with other important game management laws, such as the state's subsistence law. This legislation will provide direction to state regulators and biologists in accordance with the state's constitutional requirements to manage game under the maximum use, maximum benefit, common use, and sustained yield principles. Currently, in almost all cases, the Board of Game (board) must adopt a predatory control program before they can reduce hunting of an identifiable wildlife population, unless the board makes findings or there is an emergency action (both of which are complex and easily challenged). The bill eliminates that unworkable process. The bill clarifies statutory language requiring the board to identify moose, caribou, and deer populations that are important for high levels of harvest by humans, so that these important game herds will be managed for both abundant numbers and abundant harvest opportunities. This should assist courts and the public in understanding the goals and requirements of active management programs. In addition, the bill defines the new term "active management", which is used in place of "intensive management." It also would eliminate 2007-05-11 House Journal Page 1267 several current definitions that have proven to be problematic for both the board and courts. This legislation eliminates the complex and problematic process the board now has to go through to authorize game management programs involving airborne or same day airborne shooting. It also makes it clear that Department of Fish and Game employees are allowed to shoot animals for public safety, scientific, or other legitimate governmental purposes on the same day that the employees have been airborne. In summary, the bill takes two laws that were written to achieve almost exactly opposite purposes and rewrites them so that the state's game managers, courts, and public will have better tools to work together. The important principle of limiting use of airborne and same day airborne shooting of large predators is retained, while the process for conducting game management programs critical to meeting several of the state's constitutional mandates is made simpler, more workable, and legally defensible. I urge your prompt and favorable consideration of the measure. Sincerely, /s/ Sarah Palin Governor" HB 257 HOUSE BILL NO. 257 by Representative Harris by request, entitled: "An Act transferring duties relating to aquatic farming and hatchery operations from the Department of Fish and Game to the Department of Natural Resources, eliminating certain permit requirements applicable to aquatic farming and hatchery operations, and directing the Department of Natural Resources to administer and supervise promotional and marketing work for aquatic farm products; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. 2007-05-11 House Journal Page 1268 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 28 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 28 "An Act requiring retail suppliers of electricity to disclose sources of electricity to consumers." HB 177 The following was read the second time: HOUSE BILL NO. 177 "An Act relating to the Alaska Gasline Inducement Act; establishing the Alaska Gasline Inducement Act matching contribution fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." with the: Journal Page O&G RPT CS(O&G) NT 3DP 2NR 2AM 690 FN1: ZERO(ADM) 691 FN2: ZERO(CED) 691 FN3: ZERO(DNR) 691 FN4: (DNR) 691 FN5: (REV) 691 RES RPT CS(RES) NT 8DP 903, 923 FN1: ZERO(ADM) 903 FN2: ZERO(CED) 903 FN3: ZERO(DNR) 903 FN4: (DNR) 903 FN5: (REV) 903 FN6: (GOV) 903 FN7: (LWF) 903 CORRECTED CS(RES) NT RECEIVED 1000 FIN RPT CS(FIN) NT 7DP 1NR 3AM 1259 2007-05-11 House Journal Page 1269 FN1: ZERO(ADM) 1260 FN2: ZERO(CED) 1260 FN3: ZERO(DNR) 1260 FN5: (REV) 1260 FN6: (GOV) 1260 FN7: (LWF) 1260 FN8: (DNR) 1260 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. 177(FIN) "An Act relating to the Alaska Gasline Inducement Act; providing inducements for the construction of a natural gas pipeline and shippers that commit to use that pipeline; establishing the Alaska Gasline Inducement Act reimbursement fund; providing for an Alaska Gasline Inducement Act coordinator; making conforming amendments; and providing for an effective date." There being no objection, it was so ordered. Representatives Meyer, Ramras, and Chenault moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. Amendment No. 1 was offered by Representatives Thomas, LeDoux, Edgmon, Wilson, Kerttula, Lynn, and Guttenberg: Page 28, line 13: Insert a new section to read: "Sec. . Outstanding monetary judgments. A license may not be issued under this chapter to an applicant that is subject to an outstanding unpaid monetary judgment stemming from a claim based in Alaska greater than $100 million." Representative Thomas moved and asked unanimous consent that Amendment No. 1 be adopted. 2007-05-11 House Journal Page 1270 Representative Doogan objected. Representative Thomas moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Doogan, Harris, Dahlstrom, Lynn, Roses, Kawasaki, Joule, Seaton, Gardner, Gatto, Crawford, Guttenberg, Gara, Doll, Salmon, Kerttula, Gruenberg, Buch, Nelson, LeDoux, Edgmon, Holmes, and Cissna: Page 9, lines 27 - 29: Delete all material and insert: "(17) commit to negotiate, before construction, a project labor agreement to the maximum extent permitted by law; in this paragraph, "project labor agreement" means a comprehensive collective bargaining agreement between the licensee or its agent and the appropriate labor representatives to ensure expedited construction with labor stability for the project by qualified residents of the state;" Representative Doogan moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. **Representative Foster, who was excused (page 84), left the Chamber. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 177(FIN) Second Reading Amendment No. 2 YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 2007-05-11 House Journal Page 1271 Yeas: Buch, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Lynn, Nelson, Roses, Salmon, Seaton, Stoltze Nays: Chenault, Coghill, Fairclough, Johansen, Johnson, Kelly, Meyer, Neuman, Olson, Ramras, Samuels, Thomas, Wilson Excused: Foster Absent: Kohring And so, Amendment No. 2 was adopted. Representative Samuels moved and asked unanimous consent that CSHB 177(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 177(FIN) am was read the third time. The question being: "Shall CSHB 177(FIN) am pass the House?" The roll was taken with the following result: CSHB 177(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Seaton, Stoltze, Thomas, Wilson Nays: Samuels Excused: Foster Absent: Kohring And so, CSHB 177(FIN) am passed the House. 2007-05-11 House Journal Page 1272 Representative Samuels moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 177(FIN) am Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Kohring And so, the effective date clause was adopted. Representative Dahlstrom gave notice of reconsideration of the vote on CSHB 177(FIN) am. RECONSIDERATION HB 177 Representative Dahlstrom moved and asked unanimous consent that reconsideration of CSHB 177(FIN) am be taken up on the same day. There being no objection, it was so ordered. CSHB 177(FIN) am was again before the House in third reading. The question to be reconsidered: "Shall CSHB 177(FIN) am pass the House?" The roll was taken with the following result: 2007-05-11 House Journal Page 1273 CSHB 177(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Seaton, Stoltze, Thomas, Wilson Nays: Samuels Excused: Foster Absent: Kohring And so, CSHB 177(FIN) am passed the House on reconsideration. Representative Samuels moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 177(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Kohring And so, the effective date clause was adopted. 2007-05-11 House Journal Page 1274 CSHB 177(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 103 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: SENATE BILL NO. 103 "An Act authorizing the transfer of land from the Alaska Railroad Corporation to Eklutna, Inc.; and providing for an effective date." SB 121 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 121(L&C) "An Act relating to discharge from small commercial passenger vessels; relating to information-gathering requirements for small commercial passenger vessels; providing for an effective date by repealing the delayed effective date found in sec. 16, ch. 153, SLA 2004; and providing for an effective date." THIRD READING OF HOUSE RESOLUTIONS HJR 17 The following, which was advanced to third reading from the May 10, 2007, calendar (page 1244), was read the third time: HOUSE JOINT RESOLUTION NO. 17 am Encouraging Coeur Alaska, Inc., to pursue all legal options to resolve the issues presented in Southeast Alaska Conservation Council v. United States Army Corps of Engineers on behalf of itself and consistent with the state's efforts to enforce its rights as a state over its resources. The question being: "Shall HJR 17 am pass the House?" The roll was taken with the following result: 2007-05-11 House Journal Page 1275 HJR 17 am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Fairclough, Kohring, Nelson And so, HJR 17 am passed the House and was referred to the Chief Clerk for engrossment. HJR 21 The following, which was advanced to third reading from the May 10, 2007, calendar (page 1245), was read the third time: CS FOR HOUSE JOINT RESOLUTION NO. 21(RES) Opposing the designation of any area in the state as a world heritage site, biosphere reserve, or any other type of international designation without the consent of the Alaska State Legislature and affected local governments; and urging the United States Congress to enact legislation to require congressional approval before an area in the United States may be considered for an international designation. The question being: "Shall CSHJR 21(RES) pass the House?" The roll was taken with the following result: CSHJR 21(RES) Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 2007-05-11 House Journal Page 1276 Yeas: Buch, Chenault, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kohring, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Cissna, Doll, Gara, Gardner, Guttenberg, Kerttula Excused: Foster Absent: Nelson, Salmon And so, CSHJR 21(RES) passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 72 The Community & Regional Affairs Committee considered: CS FOR SENATE BILL NO. 72(FIN) "An Act relating to the community revenue sharing program; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 72(CRA) (same title) The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: Do pass (4): Cissna, Salmon, Fairclough, LeDoux No recommendation (2): Dahlstrom, Neuman The following fiscal note(s) apply to HCS CSSB 72(CRA): 4. Zero, Dept. of Administration 5. Fiscal, Dept. of Commerce, Community, & Economic Development CSSB 72(FIN) was referred to the Finance Committee. 2007-05-11 House Journal Page 1277 SECOND READING OF HOUSE BILLS (continued) HB 28 The following, which was moved to the bottom of the calendar (page 1268), was read the second time: HOUSE BILL NO. 28 "An Act requiring retail suppliers of electricity to disclose sources of electricity to consumers." with the: Journal Page L&C RPT CS(L&C) 5DP 2NR 532 FN1: ZERO(CED) 533 FIN RPT CS(FIN) 3DP 3NR 1AM 794 FN1: ZERO(CED) 795 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. 28(FIN) (same title) There being no objection, it was so ordered. **Representative Johnson, who was excused (page 1220), left the Chamber. Amendment No. 1 was offered by Representative Gara: Page 1, line 1, following "sources of electricity" (title amendment): Insert "and emissions" Page 1, line 2, following "consumers" (title amendment): Insert "; and providing for an effective date" Page 1, line 13, following "sources": Insert "and emissions" 2007-05-11 House Journal Page 1278 Page 2, following line 7: Insert a new bill section to read: "* Sec. 3. AS 42.05.695, as enacted by sec. 2 of this Act, is amended by adding a new subsection to read: (d) For each source of electricity, the retail supplier shall disclose to the consumer the supplier's best estimate of carbon dioxide emissions per billion BTU or other unit of energy output that is understandable by consumers." Renumber the following bill sections accordingly. Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. Section 3 of this Act takes effect January 1, 2009." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ramras objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 28(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Nelson, Neuman, Salmon Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gardner, Gatto, Harris, Hawker, Johansen, Joule, Kelly, Kohring, LeDoux, Lynn, Meyer, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johnson And so, Amendment No. 1 was not adopted. 2007-05-11 House Journal Page 1279 Amendment No. 2 was offered by Representative Gardner: Page 2, lines 6 - 7: Delete all material. Page 2, following line 22: Insert a new bill section to read: "* Sec. 4. AS 42.05.711(f) is amended to read: (f) Notwithstanding any other provisions of this chapter, an electric or telephone utility that does not gross $500,000 annually may elect to be exempt from the provisions of this chapter other than AS 42.05.221 - 42.05.281 and 42.05.695 under the procedure described in AS 42.05.712." Renumber the following bill section accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ramras objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 28(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 21 EXCUSED: 2 ABSENT: 2 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kawasaki, Kerttula, Nelson, Salmon Nays: Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Holmes, Johansen, Kohring, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johnson Absent: Chenault, Kelly And so, Amendment No. 2 was not adopted. 2007-05-11 House Journal Page 1280 Representative Samuels moved and asked unanimous consent that CSHB 28(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 28(FIN) will advance to third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS (continued) SB 103 The following, which was moved to the bottom of the calendar (page 1274), was read the second time: SENATE BILL NO. 103 "An Act authorizing the transfer of land from the Alaska Railroad Corporation to Eklutna, Inc.; and providing for an effective date." with the: Journal Page FIN RPT 7DP 1NR 935 FN1: ZERO(CED) 935 Representative Samuels moved and asked unanimous consent that SB 103 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 103 was read the third time. The question being: "Shall SB 103 pass the House?" The roll was taken with the following result: SB 103 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 2007-05-11 House Journal Page 1281 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johnson Absent: Chenault And so, SB 103 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. SB 103 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 121 The following, which was moved to the bottom of the calendar (page 1274), was read the second time: CS FOR SENATE BILL NO. 121(L&C) "An Act relating to discharge from small commercial passenger vessels; relating to information-gathering requirements for small commercial passenger vessels; providing for an effective date by repealing the delayed effective date found in sec. 16, ch. 153, SLA 2004; and providing for an effective date." with the: Journal Page RES RPT 5DP 3NR 1067 FN1: ZERO(LAW) 1067 FN2: ZERO(DEC) 1067 JUD RPT 3DP 2NR 1177 FN1: ZERO(LAW) 1177 FN2: ZERO(DEC) 1177 2007-05-11 House Journal Page 1282 Representative Samuels moved and asked unanimous consent that CSSB 121(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 121(L&C) was read the third time. The question being: "Shall CSSB 121(L&C) pass the House?" The roll was taken with the following result: CSSB 121(L&C) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Joule, Kawasaki, Kelly, Kerttula, Kohring, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson Nays: LeDoux, Thomas Excused: Foster, Johnson Absent: Chenault, Gara And so, CSSB 121(L&C) 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 121(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. 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: 2007-05-11 House Journal Page 1283 In Memoriam - Elton "Paul" Dinkins By Representatives Stoltze, Fairclough, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson CONCUR IN SENATE AMENDMENTS HJR 4 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 1257) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 4(RLS) Requesting the Federal Subsistence Board to rescind its decisions regarding the subsistence fishery priority given to Ninilchik, Happy Valley, Hope, and Cooper Landing residents. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 4(RES) (same title) There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHJR 4(RLS), thus adopting SCS CSHJR 4(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 4(RLS)?" The roll was taken with the following result: SCS CSHJR 4(RES) Concur YEAS: 32 NAYS: 6 EXCUSED: 2 ABSENT: 0 2007-05-11 House Journal Page 1284 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Johansen, Joule, Kawasaki, Kelly, Kerttula, Kohring, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Wilson Nays: Guttenberg, Holmes, LeDoux, Nelson, Salmon, Thomas Excused: Foster, Johnson And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 4(RES). The Chief Clerk notified the Senate. SCS CSHJR 4(RES) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HJR 25 Representative Lynn added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 25 Urging the United States Congress to support the freedom to choose unions. HB 240 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 240 "An Act relating to human trafficking and prostitution." SB 100 Representative Dahlstrom added her name as cross sponsor to: CS FOR SENATE BILL NO. 100(FIN) "An Act relating to substance abuse and mental health disorder prevention and treatment programs; and relating to long-term secure treatment programs for persons with substance abuse or co- occurring substance abuse and mental health disorders." 2007-05-11 House Journal Page 1285 ENGROSSMENT HJR 17 HJR 17 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 21 CSHJR 21(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 177 CSHB 177(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 27, 2007. House committee schedules are published daily under separate cover. The following meetings today were changed: Judiciary Committee CHANGED TO: 1:30 p.m. Finance Committee CHANGED TO: 2:00 p.m. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 12, 2007. There being no objection, the House adjourned at 12:35 p.m. Suzi Lowell Chief Clerk 2007-05-11 House Journal Page 1286