Legislature(2007 - 2008)
2008-01-31 House Journal
Full Journal pdf2008-01-31 House Journal Page 1835 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday January 31, 2008 Seventeenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:15 a.m. Roll call showed 35 members present. Representatives Foster, Gruenberg, Joule, LeDoux, and Lynn had been excused from a call of the House today. The invocation was offered by the Chaplain, the Reverend Kenneth Torquil MacLean of the Juneau Unitarian Universalist Fellowship. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. From our many beliefs and traditions may we join together in a spirit of prayer. Eternal God, as we listen each day to reports from around the world of elections and governments being challenged by mobs and guns and bombs, let us give thanks for the orderly institutions of government we have inherited and here carry on. If pride is a sin, may we be forgiven our pride in the customs of respect and deference which govern our deliberations and our making of decisions. As we take pride in the underlying strength of our compact with each other and with the people we represent, may we also acknowledge the imperfections and human failures in what we achieve. 2008-01-31 House Journal Page 1836 In this balance of pride and humility we may rededicate ourselves, as we take up the tasks of this day and the days before us, knowing that our work is important, and the issues are complex, and we are human. Amen. The Pledge of Allegiance was led by Representative Hawker. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the th journal for the 16 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 January 30, 2008, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation to the boards and commissions noted. The Speaker referred the following to the Finance Committee: Alaska Mental Health Trust Authority Board of Trustees Ms. Paula P. Easley - Anchorage Appointed: 3/28/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2013 Mr. Larry G. Norene - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 Mr. Timothy A. Schuerch - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 The Speaker referred the following to the Health, Education & Social Services Committee: Board of Education and Early Development Ms. Geraldine C. "Geri" Benshoof - North Pole Appointed: 1/28/2008 Term Expires: 3/1/2013 2008-01-31 House Journal Page 1837 Mr. Philip E. Schneider - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2013 State Medical Board Dr. John Cullen - Valdez Appointed: 1/29/2008 Term Expires: 3/1/2012 Dr. William W. Resinger - Palmer Appointed: 9/21/2007 Term Expires: 3/1/2010 Dr. Lawrence W. "Larry" Stinson, Jr. - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Mr. Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Dr. Jean Tsigonis - Fairbanks Appointed: 11/15/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Certified Direct-Entry Midwives Ms. Cheryl A. Corrick - Fairbanks Appointed: 1/28/2008 Term Expires: 3/1/2012 Dr. Peggy A. Downing - Palmer Appointed: 5/31/2007 Term Expires: 3/1/2011 Ms. Holly M. Steiner - Wasilla Appointed: 6/3/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Nursing Ms. Denise Ekstrom - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Ms. Agnes M. "Aggie" Jack - Kotzebue Appointed: 6/12/2007 Term Expires: 3/1/2011 2008-01-31 House Journal Page 1838 Board of Examiners in Optometry Dr. Jill Matheson - Juneau Appointed: 4/30/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Pharmacy Ms. Kathe Boucha - Anchorage Appointed: 3/1/2008 Term Expires: 3/1/2012 Mr. Robert Young - Sitka Appointed: 3/1/2008 Term Expires: 3/1/2012 Professional Teaching Practices Commission Mr. Richard Lum - Eagle River Appointed: 1/29/2008 Term Expires: 3/1/2011 Mr. George Troxel - Palmer Appointed: 1/29/2008 Term Expires: 3/1/2011 The Speaker referred the following to the Judiciary Committee: Board of Governors of the Alaska Bar Mr. Carl Ekstrom - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2011 Commission on Judicial Conduct Mr. Joseph W. Miller - Fairbanks Appointed: 1/28/2008 Term Expires: 3/1/2012 Mr. Thomas G. Nave - Juneau Appointed: 3/24/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Mr. Robert Sheldon - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 Violent Crimes Compensation Board Mr. LeRoy J. Barker - Anchorage Appointed: 2/19/2003 Reappointed: 3/23/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2011 2008-01-31 House Journal Page 1839 The Speaker referred the following to the Labor & Commerce Committee: Alaska State Board of Public Accountancy Mr. Max E. Mertz - Juneau Appointed: 8/3/2004 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Alcoholic Beverage Control Board Mr. Joseph DelDonno - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2011 Mr. Robert Klein - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2011 State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Frank Abegg - Fairbanks Appointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Clifford E. Baker - Kenai Appointed: 3/24/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Mr. George Davidson - Juneau Appointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Daniel E. Walsh - Fairbanks Appointed: 12/12/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Barbers and Hairdressers Ms. Lorenda Britten - Fairbanks Appointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Vern Hurlbert - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 2008-01-31 House Journal Page 1840 Ms. Kelley Sherman - Wasilla Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Chiropractic Examiners Mr. James Heston - Homer Appointed: 1/29/2008 Term Expires: 3/1/2012 Board of Marine Pilots Mr. Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Board of Marital and Family Therapy The Very Rev. John Downing - Eagle River Appointed: 1/28/2008 Term Expires: 3/1/2012 Occupational Safety and Health Review Board Mr. James Montgomery, Jr. - Kenai Appointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Timothy O. Sharp - Fairbanks Appointed: 10/12/1995 Reappointed: 6/23/1999 Reappointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2012 State Physical Therapy and Occupational Therapy Board Ms. Joyce Barnett - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 Dr. Julius S. Brecht - Anchorage Appointed: 10/18/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Gary W. Burleson - Anchorage Appointed: 4/14/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Ms. Kathleen Lind - Anchorage Appointed: 1/29/2008 Term Expires: 3/1/2012 2008-01-31 House Journal Page 1841 Board of Professional Counselors Mr. James R. "Randy" Morton - Nome Appointed: 4/14/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Board of Psychologist and Psychological Associate Examiners Ms. Camille O. "Cam" Carlson - Fairbanks Appointed: 3/9/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Dr. John R. DeRuyter - Fairbanks Appointed: 6/6/2007 Term Expires: 3/1/2011 Ms. Lisa C. Turner - Kenai Appointed: 3/8/2006 Reappointed: 1/28/2008 Term Expires: 3/1/2012 Real Estate Commission Ms. Christina E. Swires - Anchorage Appointed: 1/28/2008 Term Expires: 3/1/2012 Regulatory Commission of Alaska (RCA) Mr. Robert M. "Bob" Pickett - Wasilla Appointed: 1/28/2008 Term Expires: 3/1/2014 Board of Veterinary Examiners Dr. Timothy L. Bowser - Soldotna Appointed: 2/19/2003 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Mr. Martin Buser - Big Lake Appointed: 3/1/2007 Reappointed: 1/29/2008 Term Expires: 3/1/2012 Dr. Cynthia A. Trout - Anchorage Appointed: 3/23/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2012 2008-01-31 House Journal Page 1842 Workers' Compensation Appeals Commission Mr. David Richards - Eagle River Appointed: 1/28/2008 Term Expires: 3/1/2013 Alaska Workers' Compensation Board Mr. Don L. Gray - Anchorage Appointed: 12/26/2007 Term Expires: 3/1/2010 Mr. Howard A. Hansen - Wasilla Appointed: 12/26/2007 Term Expires: 3/1/2009 Mr. David Kester - Anchorage Appointed: 4/12/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Ms. Debra G. Norum - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Mr. Michael J. Notar - Juneau Appointed: 12/26/2007 Term Expires: 3/1/2010 Mr. Douglas L. Orcutt - Anchorage Appointed: 12/26/2007 Term Expires: 3/1/2010 Mr. Jeffrey P. Pruss - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Mr. David B. Robinson - Wasilla Appointed: 10/1/2005 Reappointed: 1/29/2008 Term Expires: 3/1/2011 Mr. Marc D. Stemp - Bethel Appointed: 12/26/2007 Term Expires: 3/1/2010 Mr. Damian J. Thomas - Fairbanks Appointed: 1/23/2006 Reappointed: 1/29/2008 Term Expires: 3/1/2011 2008-01-31 House Journal Page 1843 The Speaker referred the following to the Resources Committee: Big Game Commercial Services Board Ms. Brenda Rebne - Cantwell Appointed: 1/28/2008 Term Expires: 3/1/2012 Alaska Commercial Fisheries Entry Commission (CFEC) Mr. Frank M. Homan - Juneau Appointed: 9/2/2003 Reappointed: 10/30/2007 Term Expires: 3/1/2011 Board of Game Mr. Lewis D. "Lew" Bradley - Palmer Appointed: 1/28/2008 Term Expires: 3/1/2011 Ms. Teresa Sager-Albaugh - Tok Appointed: 1/28/2008 Term Expires: 3/1/2011 Mr. Ted H. Spraker - Soldotna Appointed: 1/21/2003 Reappointed: 4/11/2005 Reappointed: 1/28/2008 Term Expires: 3/1/2011 The Speaker referred the following to the State Affairs Committee: State Commission for Human Rights Mr. Mark S. Fish - Anchorage Appointed: 6/11/2007 Term Expires: 3/1/2012 Ms. Grace Merkes - Sterling Appointed: 2/19/2003 Reappointed: 1/28/2008 Term Expires: 3/1/2013 Mr. Robert B. Sawyer, Jr. - Fairbanks Appointed: 2/19/2003 Reappointed: 1/29/2008 Term Expires: 3/1/2013 Personnel Board Ms. Debra E. English - Anchorage Appointed: 1/8/2004 Reappointed: 1/29/2008 Term Expires: 3/1/2014 2008-01-31 House Journal Page 1844 Alaska Public Offices Commission (APOC) Ms. Kathleen Frederick - Juneau Appointed: 1/29/2008 Term Expires: 3/1/2013 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated January 30, 2008, was read stating the Senate accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., March 17 to hear an address by the Honorable Lisa Murkowski, U.S.Senator. HCR 17 A message dated January 30, 2008, was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 139, relating to limitations on liability for certain airfield owners or operators. HCR 17 was referred to the Chief Clerk for enrollment. SB 139 A message dated January 30, 2008, was read stating the Senate concurred in the House amendment to: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139 "An Act repealing a limitation on the liability of certain airfield owners or operators." thus adopting: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 139(JUD) "An Act modifying the criteria used to limit liability for certain airfield owners or operators." (HCR 17 - title change resolution) 2008-01-31 House Journal Page 1845 COMMUNICATIONS The following audit report was received from the Division of Legislative Audit, Legislative Budget & Audit Committee, as required by AS 24.20.311: Dept. of Environmental Conservation Division of Water Village Safe Water Program December 5, 2007 HCR 8 Pursuant to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(L&C) Establishing a legislative task force to make recommendations regarding job descriptions and salary changes for the commissioners and support staff and the possible need for additional support staff of the Regulatory Commission of Alaska. Legislative Resolve No. 11 The following was received: Alaska State Legislature Legislative Regulatory Commission of Alaska Task Force Report to the Legislature January 30, 2008 REPORTS OF STANDING COMMITTEES HB 260 The Finance Committee considered: HOUSE BILL NO. 260 "An Act relating to a State Officers Compensation Commission and establishing how legislators, the governor, the lieutenant governor, and executive department heads shall be compensated; providing for an effective date by repealing the effective dates of 2008-01-31 House Journal Page 1846 certain sections of ch. 124, SLA 1986; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 260(STA) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (2): Crawford, Nelson Do not pass (2): Stoltze, Kelly No recommendation (4): Gara, Thomas, Meyer, Chenault Amend (1): Hawker The following fiscal note(s) apply to CSHB 260(STA): 1. Fiscal, Dept. of Administration HB 260 was referred to the Rules Committee for placement on the calendar. HB 284 The Finance Committee considered: HOUSE BILL NO. 284 "An Act relating to participation in certain student fellowships as an allowable absence from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 284(FIN) (same title) 2008-01-31 House Journal Page 1847 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Crawford, Hawker, Thomas, Nelson, Chenault No recommendation (4): Gara, Stoltze, Kelly, Meyer The following fiscal note(s) apply to CSHB 284(FIN): 1. Zero, Dept. of Revenue HB 284 was referred to the Rules Committee for placement on the calendar. HB 296 The Finance Committee considered: HOUSE BILL NO. 296 "An Act extending the termination date of the Board of Parole; 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): Gara, Crawford, Hawker, Nelson, Thomas, Stoltze, Meyer No recommendation (2): Kelly, Chenault The following fiscal note(s) apply: 2. Fiscal, House Finance Committee/Dept. of Corrections HB 296 was referred to the Rules Committee for placement on the calendar. HB 303 The Labor & Commerce Committee considered: 2008-01-31 House Journal Page 1848 HOUSE BILL NO. 303 "An Act relating to marine products and motorized recreational products; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 303(L&C) (same title) The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (4): Buch, Ramras, Neuman, Olson Amend (3): Gardner, LeDoux, Gatto The following fiscal note(s) apply to CSHB 303(L&C): 1. Zero, Dept. of Law The Speaker added a Judiciary Committee referral, and so, HB 303 was referred to the Judiciary Committee. HB 315 The Labor & Commerce Committee considered: HOUSE BILL NO. 315 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (6): Gardner, LeDoux, Buch, Ramras, Gatto, Olson No recommendation (1): Neuman 2008-01-31 House Journal Page 1849 The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 315 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Liv Cheryl Gray, Yís Tu Du By Representative Thomas; Senator Kookesh In Memoriam - Frank Wallace By Representative Thomas; Senator Kookesh INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 by Representative Seaton: Encouraging the installation of fire sprinkler systems in residences. was read the first time and referred to the Labor & Commerce and State Affairs Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 306 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 306 by REPRESENTATIVES GARA, KAWASAKI, NELSON, KERTTULA, GRUENBERG, Salmon, and Doll, entitled: 2008-01-31 House Journal Page 1850 "An Act relating to providing a voluntary pre-elementary program within a school district; and providing for the establishment and implementation of a statewide early childhood education plan." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 347 HOUSE BILL NO. 347 by Representatives Thomas and Doll, entitled: "An Act relating to the regional cruise ship impact fund; and establishing the Regional Cruise Ship Impact Fund Advisory Committee and prescribing its duties." was read the first time and referred to the Finance Committee. HB 348 HOUSE BILL NO. 348 by Representative Keller, entitled: "An Act relating to the adoption of regulations by the Board of Fisheries and the Board of Game." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 317 The following was read the second time: HOUSE BILL NO. 317 "An Act eliminating the limit on compassionate gifts that a legislator or legislative employee may solicit, accept, or receive under the Legislative Ethics Act; and providing for an effective date." 2008-01-31 House Journal Page 1851 with the: Journal Page STA RPT 4DP 1825 FN1: ZERO(LEG) 1825 JUD REFERRAL WAIVED 1832 Representative Samuels moved and asked unanimous consent that all members of the House be shown as cosponsors to HB 317. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that HB 317 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 317 was read the third time. The question being: "Shall HB 317 pass the House?" The roll was taken with the following result: HB 317 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Gruenberg, Joule, LeDoux, Lynn And so, HB 317 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. HB 317 was referred to the Chief Clerk for engrossment. 2008-01-31 House Journal Page 1852 UNFINISHED BUSINESS Representative Samuels moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Gara - from 8:00 a.m., February 2 to morning plane time, February 6 Representative Johansen - from 8:00 a.m., February 1 to evening plane time, February 3 Representative Ramras - from 6:00 p.m., February 1 to morning plane time, February 4 Representative Roses - from 5:00 p.m., February 1 to evening plane time, February 6 Representative Samuels - from 6:00 p.m., February 1 to evening plane time, February 3 Representative Thomas - from 10:30 a.m., February 1 to afternoon plane time, February 3 HB 200 Representative Wilson added her name as cosponsor to: HOUSE BILL NO. 200 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." HB 251 Representative Kawasaki added his name as cosponsor to: HOUSE BILL NO. 251 "An Act relating to the use of credited military service by retired peace officers and fire fighters to meet certain requirements for major medical insurance coverage benefits." 2008-01-31 House Journal Page 1853 HB 303 Representative Olson added his name as cosponsor to: HOUSE BILL NO. 303 "An Act relating to marine products and motorized recreational products; and providing for an effective date." HB 317 Representative Meyer added his name as cosponsor to: HOUSE BILL NO. 317 "An Act eliminating the limit on compassionate gifts that a legislator or legislative employee may solicit, accept, or receive under the Legislative Ethics Act; and providing for an effective date." The following were added as cosponsors (page 1851): Representatives Harris, Cissna, Crawford, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Joule, Kawasaki, Keller, LeDoux, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson ENGROSSMENT HB 317 HB 317 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. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 4, 2008. There being no objection, the House adjourned at 11:03 a.m. Suzi Lowell Chief Clerk