Legislature(2007 - 2008)
2008-02-11 House Journal
Full Journal pdf2008-02-11 House Journal Page 1927 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday February 11, 2008 Twenty-eighth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:02 a.m. Roll call showed 36 members present. Representative Foster had been excused from a call of the House today. Representatives Chenault and Lynn were excused and their presence was noted later. Representative Samuels moved and asked unanimous consent that Representative Guttenberg be excused from a call of the House to 1:00 p.m., today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Sue Bahleda of Resurrection Lutheran Church. Representative Dahlstrom moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With respect to the diversity of voices, beliefs, and practices that call out to a power beyond our individual selves, I offer the following prayer: Almighty and Holy One, bless these men and women before you. Give them hearts for the work that lies before them. Help them to finish the good work here begun. Strengthen their efforts to blot out ignorance and prejudice and to abolish poverty and crime. May they act with purpose to hasten the day when all people, with many voices in one united chorus, live without fear, without cold, without hunger and are joined together in harmony, justice, and peace. Amen. 2008-02-11 House Journal Page 1928 The Pledge of Allegiance was led by Representative Gruenberg. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the ththth journal for the 25, 26, and 27 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 8, 2008, was read stating that the Governor withdraws the following name from legislative confirmation of appointment to the position noted. The Speaker had referred the following to the Resources Committee (page 1843): Board of Game Ms. Teresa Sager-Albaugh - Tok Appointed: 1/28/2008 Term Expires: 3/1/2011 The letter further stated that the Governor submits the following name for legislative confirmation of appointment to the board noted. The Speaker referred the following to the Resources Committee: Board of Game Mr. Craig Fleener - Fort Yukon Appointed: 2/8/2008 Term Expires: 3/1/2011 The resume for appointment is on file in the Chief Clerk's office. MESSAGES FROM THE SENATE HB 317 A message dated February 8, 2008, was read stating the Senate passed: HOUSE BILL NO. 317 "An Act eliminating the limit on compassionate gifts that a legislator or legislative employee may solicit, accept, or receive 2008-02-11 House Journal Page 1929 under the Legislative Ethics Act; and providing for an effective date." HB 317 was referred to the Chief Clerk for enrollment. REPORTS OF STANDING COMMITTEES HCR 13 The Health, Education & Social Services Committee considered: HOUSE CONCURRENT RESOLUTION NO. 13 Establishing and relating to the Education Funding District Cost Factor Commission. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (5): Cissna, Fairclough, Seaton, Roses, Wilson Amend (1): Keller The following fiscal note(s) apply to CSHCR 13(HES): 1. Fiscal, Legislative Agency HCR 13 was referred to the Rules Committee for placement on the calendar. HB 277 The State Affairs Committee considered: HOUSE BILL NO. 277 "An Act establishing a permanent absentee voting option for qualified voters." 2008-02-11 House Journal Page 1930 and recommends it be replaced with: CS FOR HOUSE BILL NO. 277(STA) "An Act establishing a permanent absentee voting option for qualified voters; and providing for an effective date." The report was signed by Representative Roses, Vice Chair, with the following individual recommendations: Do pass (2): Doll, Roses No recommendation (3): Johnson, Johansen, Coghill The following fiscal note(s) apply to CSHB 277(STA): 1. Zero, Office of the Governor HB 277 was referred to the Finance Committee. HB 307 The Judiciary Committee considered: HOUSE BILL NO. 307 "An Act relating to penalizing certain misdemeanor domestic violence offenses as felonies." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (5): Doogan, Dahlstrom, Samuels, Holmes, Ramras Amend (1): Coghill The following fiscal note(s) apply: 1. Indeterminate, Dept. of Administration 2. Indeterminate, Dept. of Administration 3. Indeterminate, Dept. of Corrections HB 307 was referred to the Finance Committee. 2008-02-11 House Journal Page 1931 HB 336 The Resources Committee considered: HOUSE BILL NO. 336 "An Act directing the Alaska Energy Authority to conduct a study of and to prepare a proposal for an appropriately sized Susitna River hydroelectric power project; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 336(RES) (same title) The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (3): Seaton, Roses, Johnson No recommendation (1): Gatto Amend (5): Guttenberg, Edgmon, Fairclough, Wilson, Kawasaki The following fiscal note(s) apply to CSHB 336(RES): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 336 was referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act relating to impersonating a public servant." 2008-02-11 House Journal Page 1932 with the: Journal Page JUD RPT 3DP 1NR 1AM 1866 FN1: ZERO(ADM) 1866 FN2: ZERO(ADM) 1866 Representative Samuels moved and asked unanimous consent that HB 286 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 286 was read the third time. **The presence of Representative Chenault was noted. The question being: "Shall HB 286 pass the House?" The roll was taken with the following result: HB 286 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Lynn And so, HB 286 passed the House. Representative Dahlstrom later gave notice of reconsideration of the vote on HB 286, and reconsideration was taken up then. HB 296 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 2008-02-11 House Journal Page 1933 HOUSE BILL NO. 296 "An Act extending the termination date of the Board of Parole; and providing for an effective date." HB 315 The following was read the second time: HOUSE BILL NO. 315 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." with the: Journal Page L&C RPT 6DP 1NR 1848 FN1: (CED) 1849 FIN RPT 3DP 5NR 1880 FN2: (CED) 1880 Representative Samuels moved and asked unanimous consent that HB 315 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 315 was read the third time. The question being: "Shall HB 315 pass the House?" The roll was taken with the following result: HB 315 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Lynn And so, HB 315 passed the House. 2008-02-11 House Journal Page 1934 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 315 was referred to the Chief Clerk for engrossment. HB 334 The following was read the second time: HOUSE BILL NO. 334 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." with the: Journal Page HES REFERRAL WAIVED 1768 FIN RPT 8DP 1881 FN1: (DPS) 1881 Representative Samuels moved and asked unanimous consent that HB 334 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 334 was read the third time. The question being: "Shall HB 334 pass the House?" The roll was taken with the following result: HB 334 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2008-02-11 House Journal Page 1935 Excused: Foster, Guttenberg, Lynn And so, HB 334 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. Representative Gatto later gave notice of reconsideration of the vote on HB 334, and reconsideration was taken up then. HB 296 The following, which was moved to the bottom of the calendar (page 1932), was read the second time: HOUSE BILL NO. 296 "An Act extending the termination date of the Board of Parole; and providing for an effective date." with the: Journal Page STA RPT 4DP 2NR 1762 FN1: (COR) 1762 FIN RPT 7DP 2NR 1847 FN2: (HFC/COR) 1847 Amendment No. 1 was offered by Representative Salmon: Page 1, line 5: Delete "2016" Insert "2010" Representative Salmon moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hawker objected. **The presence of Representative Lynn was noted. 2008-02-11 House Journal Page 1936 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 296 Second Reading Amendment No. 1 YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Nelson, Salmon, Stoltze, Thomas Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Wilson Excused: Foster, Guttenberg And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Representative Samuels moved and asked unanimous consent that HB 296 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 296 will advance to third reading on the February 13, 2008, calendar. 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: Honoring - Captain Jared Wandell By Representatives Dahlstrom, Harris, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2008-02-11 House Journal Page 1937 Honoring - Grace Christian Grizzlies, 2007 Boys Cross Country State Champions By Representatives Meyer, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - John "Andy" Anderson By Representatives Meyer, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson RECONSIDERATION HB 286 Representative Dahlstrom gave notice of reconsideration of the vote on HB 286 (page 1932). Representative Dahlstrom moved and asked unanimous consent that reconsideration of HB 286 be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE BILL NO. 286 "An Act relating to impersonating a public servant." The question to be reconsidered: "Shall HB 286 pass the House?" The roll was taken with the following result: HB 286--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 2008-02-11 House Journal Page 1938 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg Absent: Gruenberg, LeDoux And so, HB 286 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. RECEDE SB 59 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 1257) on the following: 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) and 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." There being no objection, it was so ordered. Representative Samuels moved that the House recede from its amendment to CSSB 59(FIN), namely HCS CSSB 59(FIN), and recommended that the members vote no. 2008-02-11 House Journal Page 1939 The question being: "Shall the House recede from its amendment to CSSB 59(FIN)?" The roll was taken with the following result: HCS CSSB 59(FIN) Recede YEAS: 0 NAYS: 36 EXCUSED: 2 ABSENT: 2 Nays: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg Absent: Gruenberg, LeDoux And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Johansen, Chair Representative Stoltze Representative Joule The Senate members of the committee are Senators Stevens (Chair), Wielechowski, and Wagoner (page 1257). The Chief Clerk notified the Senate. 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 Harris - from 6:00 p.m., today to evening plane time, February 12 2008-02-11 House Journal Page 1940 HCR 13 The Speaker added a Finance Committee referral for the following: HOUSE CONCURRENT RESOLUTION NO. 13 Establishing and relating to the Education Funding District Cost Factor Commission. HCR 13 was removed from the Rules Committee and referred to the Finance Committee. RECONSIDERATION HB 334 Representative Gatto gave notice of reconsideration of the vote on HB 334 (page 1934). Representative Gatto moved and asked unanimous consent that reconsideration of HB 334 be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE BILL NO. 334 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." The question to be reconsidered: "Shall HB 334 pass the House?" The roll was taken with the following result: HB 334--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2008-02-11 House Journal Page 1941 Excused: Foster, Guttenberg Absent: Gruenberg, LeDoux And so, HB 334 passed the House on reconsideration. 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 334 was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 200 Representative Fairclough 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 282 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 282 "An Act relating to eligibility for membership on state boards, commissions, and authorities." HB 286 Representatives LeDoux, Johnson, Olson, Roses, and Wilson added their names as cosponsors to: HOUSE BILL NO. 286 "An Act relating to impersonating a public servant." HB 287 Representative Guttenberg added his name as cosponsor to: 2008-02-11 House Journal Page 1942 HOUSE BILL NO. 287 "An Act relating to certain investments of the Alaska permanent fund, the state's retirement systems, the State of Alaska Supplemental Annuity Plan, and the deferred compensation program for state employees in companies that do business in Sudan, and restricting those investments." HB 307 Representatives Ramras and Samuels added their names as cosponsors to: HOUSE BILL NO. 307 "An Act relating to penalizing certain misdemeanor domestic violence offenses as felonies." HB 334 Representatives Neuman, Johnson, Nelson, Seaton, Kerttula, LeDoux, Olson, Roses, Gardner, and Wilson added their names as cosponsors to: HOUSE BILL NO. 334 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." HB 354 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 354 "An Act relating to subsidies for a hard-to-place child; relating to criminal sanctions for unlawful disclosure of confidential information pertaining to a child; relating to child support orders in child-in-need-of-aid and delinquency proceedings; and providing for an effective date." ENGROSSMENT HB 286 HB 286 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2008-02-11 House Journal Page 1943 HB 315 HB 315 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 334 HB 334 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 151 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:53 a.m., February 11: SENATE CS FOR CS FOR HOUSE BILL NO. 151(JUD) "An Act requiring an indemnification, defense, and hold harmless provision in construction-related professional services contracts of state agencies, quasi-public agencies, municipalities, and political subdivisions." HB 317 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:53 a.m., February 11: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 2008-02-11 House Journal Page 1944 ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 13, 2008. There being no objection, the House adjourned at 12:15 p.m. Suzi Lowell Chief Clerk