Legislature(2007 - 2008)

2008-02-13 House Journal

Full Journal pdf

2008-02-13                     House Journal                      Page 1949
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                 TWENTY-FIFTH LEGISLATURE - SECOND SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Wednesday              February 13, 2008                                                      
                                                                                                                                
                               Thirtieth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 10:05 a.m.                                                                                                            
                                                                                                                                
Roll call showed 39 members present.                                                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
Representative Foster be excused from a call of the House from today                                                            
to evening plane time, February 27 (amended from page 1861).  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 One, send your patience and steadfastness to those                                                                
     gathered today in their calling as servant leaders.  Where                                                                 
     hearts are troubled, grant courage and hope.  Where there is                                                               
     anxiety, grant peace and reassurance.  Where the way seems                                                                 
     impossible, send imagination and conversation.  Where there                                                                
     is distrust, pour into us healing and illumination.  Where                                                                 
     spirits are daunted and weakened, grant soaring wings and                                                                  
     strengthened dreams.  We ask for all these things as we seek                                                               
     to love and serve the people of this great land.  Amen.                                                                    
                                                                                                                                

2008-02-13                     House Journal                      Page 1950
The Pledge of Allegiance was led by Representative LeDoux.                                                                      
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                    thth                                                                                                        
journal for the 28 and 29 legislative days be approved as certified                                                             
by the Chief Clerk.  There being no objection, it was so ordered.                                                               
                                                                                                                                
The Speaker stated that the House would stand at ease for a meeting of                                                          
the Committee on Committees; and so, the House stood at ease at                                                                 
10:27 a.m.                                                                                                                      
                                                                                                                                
                               AFTER AT EASE                                                                                 
                                                                                                                                
The Speaker called the House back to order at 10:39 a.m.                                                                        
                                                                                                                                
                                                                                                                                
                        MESSAGES FROM THE GOVERNOR                                                                           
                                                                                                                                
HB 29                                                                                                                         
A message dated February 11, 2008, was read stating the Governor                                                                
signed the following bill and is transmitting the engrossed and enrolled                                                        
copies to the Lieutenant Governor's office for permanent filing:                                                                
                                                                                                                                
     CS FOR HOUSE BILL NO. 29(FIN)                                                                                              
     "An Act relating to infants who are safely surrendered by a parent                                                         
     shortly after birth."                                                                                                      
                                                                                                                                
     Chapter No. 1, SLA 2008                                                                                                    
     Effective Date:  May 11, 2008                                                                                              
                                                                                                                                
                                                                                                                                
EO 114                                                                                                                        
EXECUTIVE ORDER NO. 114:                                                                                                        
                                                                                                                                
     Transferring back certain functions relating to the protection of                                                          
     fish habitat in rivers, lakes, and streams of the state, and related                                                       
     functions regarding fish and game protection, from the deputy                                                              
     commissioner of the Department of Natural Resources to the                                                                 
     Department of Fish and Game and making other related transfers                                                             

2008-02-13                     House Journal                      Page 1951
     of functions from the Department of Natural Resources to the                                                               
     Department of Fish and Game.                                                                                               
                                                                                                                                
was referred to the Resources Committee.                                                                                        
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Environmental Conservation                                                                                   
2.  Fiscal, Dept. of Fish & Game                                                                                                
                                                                                                                                
The Governor's transmittal letter dated February 12, 2008, follows:                                                             
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 23, of the Alaska Constitution, I am                                                      
transmitting an Executive Order transferring back certain functions                                                             
relating to the protection of fish habitat in rivers, lakes, and streams of                                                     
the state, and related functions regarding fish and game protection,                                                            
from the deputy commissioner of the Department of Natural                                                                       
Resources to the Department of Fish and Game and making other                                                                   
related transfers of functions from the Department of Natural                                                                   
Resources to the Department of Fish and Game.                                                                                   
                                                                                                                                
This Executive Order essentially reverses the effects of Executive                                                              
Order 107, by restoring the functions of the Department of Natural                                                              
Resources with respect to habitat management and permitting to the                                                              
Department of Fish and Game, where they had always resided before                                                               
2003.  The mission and functions of habitat permitting are better                                                               
aligned with the overall mission and structure of ADF&G.  Locating                                                              
habitat within ADF&G will be more efficient, improve                                                                            
communications and avoid duplication of efforts while allowing                                                                  
habitat permitting to operate in the same manner it has at the                                                                  
Department of Natural Resources to encourage responsible                                                                        
development and protect Alaska's resources.  This Order also reassigns                                                          
duties under the Forest Resources and Practices Act from the state                                                              
forester back to the commissioner of the Department of Natural                                                                  
Resources, restoring the pre-2003 balance resulting from having                                                                 
separate agency heads focusing on stream preservation and forest                                                                
stewardship.                                                                                                                    
                                                                                                                                

2008-02-13                     House Journal                      Page 1952
Section 1 of the Order contains the formal findings underlying this                                                             
action, which are summarized above.                                                                                             
                                                                                                                                
Sections 2 and 3 of the Order take most of the functions of the                                                                 
Department of Natural Resources with respect to habitat management                                                              
and permitting, and restore those functions to the Department of Fish                                                           
and Game under the Fish and Game Code (AS 16.05), including                                                                     
statutes setting fishway and hatchery requirements, protecting fish and                                                         
game habitat in anadromous streams, requiring construction and use                                                              
permits for anadromous streams, and setting out exemptions and                                                                  
penalties.                                                                                                                      
                                                                                                                                
Sections 4 and 5 of the Order delete references to AS 41.14 from the                                                            
general provisions of the Fish and Game Code (AS 16.05), and restore                                                            
references to sections newly restored to the Fish and Game Code by                                                              
secs. 2 and 3 of the Order.                                                                                                     
                                                                                                                                
Section 6 of the Order deletes references in AS 16.20.070 to sections                                                           
removed from Title 41, and replaces the deleted references with                                                                 
references to the newly restored sections in the Fish and Game Code                                                             
(AS 16.05).                                                                                                                     
                                                                                                                                
Sections 7 - 35 of the Order restore, to their pre-2003 balance, the                                                            
separate functions of the Department of Fish and Game and the                                                                   
Department of Natural Resources under the Forest Resources and                                                                  
Practices Act (AS 41.17). These sections delete references to a deputy                                                          
commissioner of the Department of Natural Resources and restore the                                                             
functions of that position to the Department of Fish and Game.  In                                                              
these same sections, functions that had been delegated down to the                                                              
state forester in Executive Order 107 are restored to the commissioner                                                          
of the Department of Natural Resources.  Also, references to sections                                                           
removed from Title 41 are deleted, and replaced with references to the                                                          
newly restored sections in the Fish and Game Code (AS 16.05).                                                                   
                                                                                                                                
Sections 36 and 37 of the Order delete references to AS 41.14 from                                                              
AS 44.62.330 and AS 46.15.020, replace the deleted references with                                                              
references to the newly restored sections in the Fish and Game Code                                                             
(AS 16.05), and make conforming changes to reflect changes made by                                                              
secs. 2 - 5 of the Order.                                                                                                       
                                                                                                                                

2008-02-13                     House Journal                      Page 1953
Section 38 of the Order repeals all of the sections in Titles 41 and 44                                                         
that had been created under Executive Order 107, as all such functions                                                          
are now restored to the Department of Fish and Game under the Fish                                                              
and Game Code (AS 16.05).                                                                                                       
                                                                                                                                
Section 39 of the Order adds a section to the uncodified laws of the                                                            
State of Alaska to protect the retirement status of certain former                                                              
Department of Fish and Game employees who were transferred by                                                                   
Executive Order 107 to the Department of Natural Resources, and who                                                             
may now be transferred back to the Alaska Department of Fish and                                                                
Game.                                                                                                                           
                                                                                                                                
Section 40 of the Order adds a transition provision to the uncodified                                                           
laws of the State of Alaska, providing that litigation, hearings,                                                               
investigations, and other proceedings, as well as regulations and                                                               
contract rights, liabilities, and obligations will not be adversely                                                             
affected by the transfers of duties embodied in this Order.                                                                     
                                                                                                                                
Section 41 of the Order sets the effective date for the Order of July 1,                                                        
2008.                                                                                                                           
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                                Sarah Palin                                                                                    
                                 Governor"                                                                                     
                                                                                                                                
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
A message dated February 11, 2008, was read stating the Senate                                                                  
passed the following and they are transmitted for consideration:                                                                
                                                                                                                                
                                                                                                                                
                        FIRST READING AND REFERENCE                                                                          
                           OF SENATE RESOLUTIONS                                                                             
                                                                                                                                
SCR 17                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 17 by Senators                                                                                 
McGuire and Ellis:                                                                                                              
                                                                                                                                

2008-02-13                     House Journal                      Page 1954
     Relating to establishing March 2008 as Brain Injury Awareness                                                              
     Month.                                                                                                                     
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services Committee.                                                                                                             
                                                                                                                                
SJR 11                                                                                                                        
SENATE JOINT RESOLUTION NO. 11 by Senators Wielechowski,                                                                        
Therriault, Kookesh, Dyson, Thomas, Wagoner, Stevens, Bunde,                                                                    
Olson, Elton, McGuire, Wilken, Huggins, Ellis, Stedman, Hoffman,                                                                
Green, and Davis:                                                                                                               
                                                                                                                                
     Supporting federal funding for veterans' health care and urging the                                                        
     United States Congress to ensure adequate funding for veterans'                                                            
     health care.                                                                                                               
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs and the Health, Education & Social                                                                 
Services Committee.                                                                                                             
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
State of Colorado                                                                                                               
House of Representatives                                                                                                        
House Joint Resolution 08-1004                                                                                                  
"Concerning Participation in the 'Legislators Step to Health' Program."                                                         
                                                                                                                                
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
The State Affairs Committee reviewed the qualifications of the                                                                  
following and recommends the appointments be forwarded to a joint                                                               
session for consideration:                                                                                                      
                                                                                                                                
                               Mr. Mark S. Fish                                                                                 
                              Ms. Grace Merkes                                                                                  
                          Mr. Robert B. Sawyer, Jr.                                                                             
                                                                                                                                

2008-02-13                     House Journal                      Page 1955
as members of the State Commission for Human Rights.                                                                            
                                                                                                                                
                           Ms. Debra E. English                                                                                
                                                                                                                                
as a member of the Personnel Board.                                                                                             
                                                                                                                                
                          Ms. Kathleen Frederick                                                                               
                                                                                                                                
as a member of the Alaska Public Offices Commission (APOC).                                                                     
                                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair; and                                                                        
Representatives Johnson, Roses, Coghill, and Doll.                                                                              
                                                                                                                                
                                                                                                                                
HB 256                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 256                                                                                                         
     "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."                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 256(RES)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
                                                                                                                                
The report was signed by Representatives Gatto and Johnson, Co-                                                                 
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (2):  Edgmon, Gatto                                                                                                     
                                                                                                                                
Do not pass (1):  Guttenberg                                                                                                    
                                                                                                                                
No recommendation (3):  Seaton, Roses, Johnson                                                                                  
                                                                                                                                
Amend (3):  Fairclough, Kawasaki, Wilson                                                                                        
                                                                                                                                

2008-02-13                     House Journal                      Page 1956
The following fiscal note(s) apply to CSHB 256(RES):                                                                            
                                                                                                                                
2.  Zero, Dept. of Fish & Game                                                                                                  
                                                                                                                                
HB 256 was referred to the Judiciary Committee.                                                                                 
                                                                                                                                
                                                                                                                                
HB 259                                                                                                                        
The State Affairs Committee considered:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 259                                                                                                         
     "An Act establishing the first week of every March as Alaska                                                               
     History Week."                                                                                                             
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Johnson, Johansen, Roses, Gruenberg, Coghill, Doll,                                                               
Lynn                                                                                                                            
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, House State Affairs Committee                                                                                         
                                                                                                                                
HB 259 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 276                                                                                                                        
The Health, Education & Social Services Committee considered:                                                                   
                                                                                                                                
     HOUSE BILL NO. 276                                                                                                         
     "An Act extending the termination date of the Alaska Commission                                                            
     on Aging; and providing for an effective date."                                                                            
                                                                                                                                
The report was signed by Representative Wilson, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Cissna, Keller, Fairclough, Gardner, Roses, Wilson                                                                
                                                                                                                                

2008-02-13                     House Journal                      Page 1957
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 276 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
HB 297                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 297                                                                                                         
     "An Act relating to the practice of veterinary medicine."                                                                  
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 297(L&C)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Gardner, Buch, Neuman, Gatto, Ramras, Olson                                                                       
                                                                                                                                
No recommendation (1):  LeDoux                                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 297(L&C):                                                                            
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 297 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 340                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 340                                                                                                         
     "An Act establishing the Alaska capstone avionics revolving loan                                                           
     fund and relating to the fund; and providing for an effective date."                                                       
                                                                                                                                

2008-02-13                     House Journal                      Page 1958
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Gatto, LeDoux, Neuman, Gardner, Buch, Ramras, Olson                                                               
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Fiscal, Dept. of Commerce, Community, & Economic Development                                                                 
                                                                                                                                
                                                                                                                                
HB 340 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
HB 351                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 351                                                                                                         
     "An Act relating to submission of fingerprints by applicants for a                                                         
      concealed handgun permit; and providing for an effective date."                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 351(JUD)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Doogan, Lynn, Coghill, Dahlstrom, Samuels, Holmes,                                                                
Ramras                                                                                                                          
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 351(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
                                                                                                                                
HB 351 was referred to the Finance Committee.                                                                                   
                                                                                                                                

2008-02-13                     House Journal                      Page 1959
                       REPORTS OF SPECIAL COMMITTEES                                                                         
                                                                                                                                
A report of the Committee on Committees dated February 13, 2008,                                                                
was read submitting an amendment to the February 6, 2008, report                                                                
(page 1881).  Additional reports are on pages 9, 93, 186, 1154, and                                                             
1545.  The amendment follows:                                                                                                   
                                                                                                                                
Judiciary:  Gruenberg replaces Doogan                                                                                           
                                                                                                                                
The report was signed by Representative Harris, Chair; and                                                                      
Representatives Coghill, Samuels, Chenault, Meyer, Kerttula, and                                                                
Guttenberg.                                                                                                                     
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adopt the Committee on Committees report.  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
HB 326                                                                                                                        
The House Special Committee on Military & Veterans' Affairs                                                                     
considered:                                                                                                                     
                                                                                                                                
     HOUSE BILL NO. 326                                                                                                         
     "An Act authorizing the governor to delegate to the adjutant                                                               
     general the authority to order the organized militia into active state                                                     
     service and authorizing the payment of Alaska National Guard                                                               
     called into active state service to fight wildfires at rates of pay                                                        
     established for certain emergency fire-fighting personnel; and                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 326(MLV)                                                                                             
     "An Act authorizing the governor to order the organized militia                                                            
     into active state service to fight wildfire, authorizing the governor                                                      
     to delegate to the adjutant general the authority to order the                                                             
     organized militia into active state service to fight wildfire, and                                                         
     authorizing the payment of Alaska National Guard called into                                                               
     active state service to fight wildfire at rates of pay established for                                                     
     certain emergency fire-fighting personnel; and providing for an                                                            
     effective date."                                                                                                           

2008-02-13                     House Journal                      Page 1960
The report was signed by Representative Roses, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Kawasaki, LeDoux, Fairclough, Dahlstrom, Ramras,                                                                  
Buch, Roses                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply to CSHB 326(MLV):                                                                            
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Indeterminate, Dept. of Military & Veterans' Affairs                                                                        
3.  Indeterminate, Dept. of Natural Resources                                                                                   
                                                                                                                                
HB 326 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:                                                                                        
                                                                                                                                
Honoring - The Homer U.S. Coast Guard Auxiliary                                                                                 
By Representative Seaton; Senator Stevens                                                                                       
                                                                                                                                
In Memoriam - Gordon Bitner Hinckley                                                                                            
By Representatives Stoltze, Dahlstrom                                                                                           
                                                                                                                                
In Memoriam - Ruth Breckberg                                                                                                    
By Representative LeDoux; Senator Stevens                                                                                       
                                                                                                                                
In Memoriam - Marie C. King                                                                                                     
By Senator Bunde                                                                                                                
                                                                                                                                
In Memoriam - Dale Lindsey                                                                                                      
By Senator Bunde                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 34                                                                                                                        
HOUSE JOINT RESOLUTION NO. 34 by Representative Roses:                                                                          
                                                                                                                                

2008-02-13                     House Journal                      Page 1961
     Urging the United States Congress to reauthorize the Debbie                                                                
     Smith DNA backlog grant program.                                                                                           
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 364                                                                                                                        
HOUSE BILL NO. 364 by Representatives Coghill, Keller, Meyer,                                                                   
Stoltze, Lynn, Johnson, and Dahlstrom, entitled:                                                                                
                                                                                                                                
     "An Act relating to notice and consent for a minor's abortion;                                                             
     relating to penalties for performing an abortion; relating to a                                                            
     judicial bypass procedure for an abortion; relating to coercion of a                                                       
     minor to have an abortion; relating to reporting of abortions                                                              
     performed on minors; amending Rule 24(a), Alaska Rules of Civil                                                            
     Procedure, amending Rule 220, Alaska Rules of Appellate                                                                    
     Procedure, and Rule 20, Alaska Probate Rules, relating to judicial                                                         
     bypass for an abortion; and providing for an effective date."                                                              
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
HB 365                                                                                                                        
HOUSE BILL NO. 365 by Representative Gara, entitled:                                                                            
                                                                                                                                
     "An Act amending the ability of the Knik Arm Bridge and Toll                                                               
     Authority to make and execute certain agreements, contracts, and                                                           
     other instruments; and relating to the facility toll charges that the                                                      
     authority may collect from its operation of the Knik Arm bridge                                                            
     and appurtenant facilities and to the necessity of securing the                                                            
     approval of the commissioner of transportation and public                                                                  
     facilities as to the amounts to be collected as toll charges."                                                             
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                

2008-02-13                     House Journal                      Page 1962
HB 366                                                                                                                        
HOUSE BILL NO. 366 by Representative Crawford, entitled:                                                                        
                                                                                                                                
     "An Act relating to an exemption from public disclosure of certain                                                         
     appropriations from the dividend fund; and providing for an                                                                
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 367                                                                                                                        
HOUSE BILL NO. 367 by Representative Neuman, entitled:                                                                          
                                                                                                                                
     "An Act relating to the sale of raw milk and raw milk products."                                                          
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                                                                                                                
                       SECOND READING OF HOUSE BILLS                                                                         
                                                                                                                                
HB 284                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     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."                                                          
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 STA RPT 4DP 1NR                                                      1789                                                      
 FN1: ZERO(REV)                                                       1789                                                      
 FIN RPT CS(FIN) 5DP 4NR                                              1846                                                      
 FN1: ZERO(REV)                                                       1847                                                      
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                

2008-02-13                     House Journal                      Page 1963
     CS FOR HOUSE BILL NO. 284(FIN)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representatives Gara, Kawasaki,                                                                  
Salmon, Doogan, Guttenberg, and Gruenberg:                                                                                      
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "as an allowable absence"                                                                                         
          Insert "and AmeriCorps programs as allowable absences"                                                             
                                                                                                                                
Page 2, line 25:                                                                                                                
     Delete "[OR] (16) or (17)"                                                                                             
     Insert "or (16) - (18) [16]"                                                                                           
                                                                                                                                
Page 3, line 2, following "(17)":                                                                                           
     Insert "serving as a volunteer under the National and                                                                  
Community Service Trust Act of 1993 (AmeriCorps);                                                                           
              (18)"                                                                                                         
                                                                                                                                
Page 3, line 6:                                                                                                                 
     Delete "(4) - (16)"                                                                                                    
     Insert "(4) - (17)"                                                                                                    
                                                                                                                                
Page 3, line 9:                                                                                                                 
     Delete "(4) - (16)"                                                                                                    
     Insert "(4) - (17)"                                                                                                    
                                                                                                                                
Page 3, line 12:                                                                                                                
     Delete "(1) - (16)"                                                                                                    
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     Delete "(4) - (16)"                                                                                                    
     Insert "(4) - (17)"                                                                                                    
                                                                                                                                
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     Delete "(a)(1) - (16)"                                                                                                 
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2008-02-13                     House Journal                      Page 1964
Page 3, line 22:                                                                                                                
     Delete "amendment"                                                                                                         
     Insert "amendments"                                                                                                        
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Hawker objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 284(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doogan, Edgmon, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, LeDoux,                                                                  
Nelson, Salmon                                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Doll, Fairclough, Harris,                                                                  
Hawker, Johansen, Johnson, Keller, Kelly, Kerttula, Lynn, Meyer,                                                                
Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas,                                                                 
Wilson                                                                                                                          
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 284(FIN) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 284(FIN) was read the third time.                                                                                          
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 284(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                

2008-02-13                     House Journal                      Page 1965
CSHB 284(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Crawford, Doll, Doogan, Fairclough,                                                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                                                    
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                                      
Salmon, Samuels, Stoltze, Thomas, Wilson                                                                                        
                                                                                                                                
Nays:  Coghill, Dahlstrom, Edgmon, Seaton                                                                                       
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, CSHB 284(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 284(FIN) was referred to the Chief Clerk for engrossment.                                                                  
                                                                                                                                
                                                                                                                                
HB 305                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 305                                                                                                         
     "An Act relating to campaign fund raising by a legislator,                                                                 
     legislative employee, or candidate for election to the legislature                                                         
     during a regular or special legislative session."                                                                          
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 STA RPT CS(STA) NT 4DP 2NR                                           1774                                                      
 FN1: ZERO(ADM)                                                       1775                                                      
 RLS RPT CS(RLS) NT 5DP 2AM                                           1879                                                      
 FN1: ZERO(ADM)                                                       1879                                                      
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                

2008-02-13                     House Journal                      Page 1966
     CS FOR HOUSE BILL NO. 305(RLS)                                                                                             
     "An Act relating to campaign fund raising during a regular or                                                              
    special legislative session; and providing for an effective date."                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 305(RLS) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 305(RLS) will advance to third reading on the February 19,                                                                 
2008, calendar.                                                                                                                 
                                                                                                                                
                                                                                                                                
                       THIRD READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 296                                                                                                                        
The following, which was advanced to third reading from the February                                                            
11, 2008, calendar (page 1936), was read the third time:                                                                        
                                                                                                                                
     HOUSE BILL NO. 296                                                                                                         
     "An Act extending the termination date of the Board of Parole;                                                             
     and providing for an effective date."                                                                                      
                                                                                                                                
The question being:  "Shall HB 296 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 296                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  34   NAYS:  0   EXCUSED:  1   ABSENT:  5                                                                               
                                                                                                                                
Yeas:  Buch, Cissna, Coghill, Crawford, Doogan, Edgmon,                                                                         
Fairclough, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker,                                                                   
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon,                                                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                        
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                

2008-02-13                     House Journal                      Page 1967
Absent:  Chenault, Dahlstrom, Doll, Gruenberg, Ramras                                                                           
                                                                                                                                
And so, HB 296 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 296 was referred to the Chief Clerk for engrossment.                                                                         
                                                                                                                                
                            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 Chenault - from 11:00 a.m., February 14 to evening                                                               
plane time, February 18                                                                                                         
                                                                                                                                
Representative Crawford - from 11:00 a.m., February 15 to morning                                                               
plane time, February 19                                                                                                         
                                                                                                                                
Representative Gara - from 7:00 a.m., February 16 to morning plane                                                              
time, February 18                                                                                                               
                                                                                                                                
Representative Gatto - from 11:00 a.m., February 14 to evening plane                                                            
time, February 18                                                                                                               
                                                                                                                                
Representative Harris - from 11:00 a.m., February 15 to evening plane                                                           
time, February 18                                                                                                               
                                                                                                                                
Representative Johansen - from 8:00 a.m., February 15 to 1:00 p.m.,                                                             
February 19                                                                                                                     
                                                                                                                                
Representative Coghill - from 11:00 a.m., February 15 to morning                                                                
plane time, February 18                                                                                                         
                                                                                                                                
Representative Joule - from noon, February 15 to 9:00 a.m.,                                                                     
February 20                                                                                                                     
                                                                                                                                

2008-02-13                     House Journal                      Page 1968
Representative Kawasaki - from noon, February 14 to morning plane                                                               
time, February 18                                                                                                               
                                                                                                                                
Representative Keller - from 11:00 a.m., February 15 to evening plane                                                           
time, February 18                                                                                                               
                                                                                                                                
Representative LeDoux - from 11:00 a.m., February 15 to morning                                                                 
plane time, February 18                                                                                                         
                                                                                                                                
Representative Olson - from 6:00 a.m., February 16 to afternoon plane                                                           
time, February 18                                                                                                               
                                                                                                                                
Representative Ramras - from 6:00 p.m., February 15 to morning                                                                  
plane time, February 18                                                                                                         
                                                                                                                                
Representative Roses - from 11:00 a.m., February 15 to evening plane                                                            
time, February 18                                                                                                               
                                                                                                                                
Representative Salmon - from 11:00 a.m., February 14 to evening                                                                 
plane time, February 19                                                                                                         
                                                                                                                                
Representative Wilson - from 8:00 a.m., February 16 to morning                                                                  
plane time, February 17                                                                                                         
                                                                                                                                
                                                                                                                                
Representative Samuels - from 7:00 p.m., February 15 to evening                                                                 
plane time, February 18                                                                                                         
                                                                                                                                
Representative Johnson - from noon, February 14 to evening plane                                                                
time, February 18                                                                                                               
                                                                                                                                
Representative Buch - from evening plane time, February 15 to                                                                   
evening plane time, February 18                                                                                                 
                                                                                                                                
Representative Meyer - from noon, February 15 to morning plane                                                                  
time, February 18                                                                                                               
                                                                                                                                
                                                                                                                                
The Speaker stated that, without objection, the House would revert to:                                                          
                                                                                                                                

2008-02-13                     House Journal                      Page 1969
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
SB 125                                                                                                                        
A message dated February 13, 2008, was read stating the Senate failed                                                           
to concur in the House amendment to:                                                                                            
                                                                                                                                
     CS FOR SENATE BILL NO. 125(FIN)                                                                                            
     "An Act relating to the accounting and payment of contributions                                                            
     under the retirement plans of the Public Employees' Retirement                                                             
     System of Alaska and the Teachers' Retirement System, to                                                                   
     calculations of contributions under those retirement plans, and to                                                         
     participation in, and termination of and amendments to                                                                     
     participation in, the defined benefit plans of those systems;                                                              
     relating to employer contributions to the health reimbursement                                                             
     arrangement plan; making conforming amendments; and                                                                        
     providing for an effective date."                                                                                          
                                                                                                                                
namely:                                                                                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN)                                                                               
     "An Act relating to the accounting and payment of contributions                                                            
     under the retirement plans of the Public Employees' Retirement                                                             
     System of Alaska and the Teachers' Retirement System, to                                                                   
     calculations of contributions under those retirement plans, and to                                                         
     participation in, and termination of and amendments to                                                                     
     participation in, the defined benefit plans of those systems;                                                              
     relating to recovery of an award of damages or other recovery by                                                           
     those systems; relating to employer contributions to the health                                                            
     reimbursement arrangement plan; relating to participation in the                                                           
     public employees' defined contribution plan by certain elected                                                             
     officials; making conforming amendments; and providing for an                                                              
     effective date."                                                                                                           
                                                                                                                                
 (HCR 11 - title change resolution)                                                                                             
                                                                                                                                
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:                                                                                 

2008-02-13                     House Journal                      Page 1970
     Senator Hoffman, Chair                                                                                                     
     Senator Huggins                                                                                                            
     Senator Bunde                                                                                                              
                                                                                                                                
                                                                                                                                
                                  RECEDE                                                                                     
                                                                                                                                
SB 125                                                                                                                        
Representative Samuels moved that the House recede from its                                                                     
amendment to CSSB 125(FIN), namely HCS CSSB 125(FIN), and                                                                       
recommended that the members vote no.                                                                                           
                                                                                                                                
The question being:  "Shall the House recede from its amendment to                                                              
CSSB 125(FIN)?"  The roll was taken with the following result:                                                                  
                                                                                                                                
HCS CSSB 125(FIN)                                                                                                               
Recede                                                                                                                          
                                                                                                                                
YEAS:  0   NAYS:  36   EXCUSED:  1   ABSENT:  3                                                                               
                                                                                                                                
Nays:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                                                    
Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Guttenberg,                                                              
Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                             
Kelly, Kerttula, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras,                                                                    
Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                         
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
Absent:  Doll, Gara, Nelson                                                                                                     
                                                                                                                                
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 Meyer, Chair                                                                                                
     Representative Samuels                                                                                                     
     Representative Kerttula                                                                                                    
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                

2008-02-13                     House Journal                      Page 1971
                            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 Cissna - from 1:00 p.m., February 15 to 7:00 p.m.,                                                               
February 17                                                                                                                     
                                                                                                                                
Representative Lynn - from 7:00 p.m., February 14 to morning plane                                                              
time, February 19                                                                                                               
                                                                                                                                
HB 193                                                                                                                        
Representative Doogan added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 193                                                                                                         
     "An Act relating to the composition of the Alaska Police                                                                   
     Standards Council; and providing for an effective date."                                                                   
                                                                                                                                
                                                                                                                                
HB 251                                                                                                                        
Representative Doogan 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."                                                                                
                                                                                                                                
HB 284                                                                                                                        
Representative Olson added his name as cosponsor to:                                                                            
                                                                                                                                
     CS FOR HOUSE BILL NO. 284(FIN)                                                                                             
     "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."                                                          
                                                                                                                                
HB 307                                                                                                                        
Representatives Edgmon, Crawford, Doogan, Gardner, Olson, Gatto,                                                                
Kerttula, and LeDoux added their names as cosponsors to:                                                                        
                                                                                                                                

2008-02-13                     House Journal                      Page 1972
     HOUSE BILL NO. 307                                                                                                         
     "An Act relating to penalizing certain misdemeanor domestic                                                                
     violence offenses as felonies."                                                                                            
                                                                                                                                
HB 351                                                                                                                        
Representative Dahlstrom added her name as cosponsor to:                                                                        
                                                                                                                                
     HOUSE BILL NO. 351                                                                                                         
     "An Act relating to submission of fingerprints by applicants for a                                                         
      concealed handgun permit; and providing for an effective date."                                                          
                                                                                                                                
                                                                                                                                
SCR 17                                                                                                                        
Representatives Lynn and Johnson added their names as cross                                                                     
sponsors to:                                                                                                                    
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 17                                                                                        
     Relating to establishing March 2008 as Brain Injury Awareness                                                              
     Month.                                                                                                                     
                                                                                                                                
SJR 11                                                                                                                        
Representatives Lynn, Johnson, and Kerttula added their names as                                                                
cross sponsors to:                                                                                                              
                                                                                                                                
     SENATE JOINT RESOLUTION NO. 11                                                                                             
     Supporting federal funding for veterans' health care and urging the                                                        
     United States Congress to ensure adequate funding for veterans'                                                            
     health care.                                                                                                               
                                                                                                                                
                                                                                                                                
                                ENGROSSMENT                                                                                  
                                                                                                                                
HB 284                                                                                                                        
CSHB 284(FIN) was engrossed, signed by the Speaker and Chief                                                                    
Clerk and transmitted to the Senate for consideration.                                                                          
                                                                                                                                
HB 296                                                                                                                        
HB 296 was engrossed, signed by the Speaker and Chief Clerk and                                                                 
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                

2008-02-13                     House Journal                      Page 1973
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published daily under separate cover.                                                             
                                                                                                                                
Ethics Disclosures due to the                                                                                                   
Select Committee on Legislative Ethics                                 2/13                                                     
                                                                                                                                
Financial Disclosure Statements                                                                                                 
due to APOC                                                            2/15                                                     
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House adjourn until 10:00 a.m., February 15, 2008, for a technical                                                              
session.  There being no objection, the House adjourned at 12:38 p.m.                                                           
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk