Legislature(2007 - 2008)
2008-02-27 House Journal
Full Journal pdf2008-02-27 House Journal Page 2091 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday February 27, 2008 Forty-fourth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:09 a.m. Roll call showed 36 members present. Representatives Foster, Olson, and Ramras had been excused from a call of the House today. Representative Samuels moved and asked unanimous consent that Representative Johansen be excused from a call of the House from today to evening plane time, March 2. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Michael Spainhoward of St. Nicholas Russian Orthodox 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 the deepest respect for the religious beliefs of all Alaskans, I offer the following prayer. From the Book of Psalms we read: Bless the Lord, my soul! God, how great you are. You founded the earth on its base, to stand firm from age to age. You wrapped it with the ocean like a cloak: the waters stood against the mountains. Beautiful Creator and Creator of all that is beautiful, we stand in wondrous awe of the deep beauty of this great land that you have given to us to enjoy. Bless those who have been raised 2008-02-27 House Journal Page 2092 up to the roles of leadership and governance with wisdom that we may preserve and protect this land, even as the lives of our citizens are enriched by the bounties this land provides. Bless, O Good One, also the seas and waterways around and within this land and those who make their living upon them, even while we work to keep them clean and fertile. Give to us a sure sense of our honored place within the fabric of creation that we may exercise good stewardship of all the blessings you, O God, have provided for us. Amen. The Speaker asked former Representative Fate to lead the Pledge of Allegiance. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the ndrd journal for the 42 and 43 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Nelson introduced her son, "Qugpak Paniiluk" Conrad Kapsner, Guest Page, from Bethel. MESSAGES FROM THE SENATE A message dated February 25, 2008, was read stating the Senate passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 101 CS FOR SENATE BILL NO. 101(2d L&C) by the Senate Labor and Commerce Committee, entitled: "An Act relating to private professional conservators, private and public guardians, and court hearings on the issue of incapacity; and establishing uniform adult guardianship and conservator jurisdiction and procedures." 2008-02-27 House Journal Page 2093 was read the first time and referred to the Labor & Commerce and Judiciary Committees. REPORTS OF STANDING COMMITTEES The Resources Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Lewis D. "Lew" Bradley Mr. Craig Fleener as members of the Board of Game. The report was signed by Representatives Gatto and Johnson, Co- chairs; and Representatives Seaton, Fairclough, Edgmon, Wilson, Kawasaki, and Roses. HJR 30 The Community & Regional Affairs Committee considered: HOUSE JOINT RESOLUTION NO. 30 Disapproving the Local Boundary Commission recommendation regarding the annexation of territory to the Ketchikan Gateway Borough. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 30(CRA) (same title) The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: Do pass (2): Salmon, LeDoux No recommendation (2): Neuman, Fairclough 2008-02-27 House Journal Page 2094 The following fiscal note(s) apply to CSHJR 30(CRA): 1. Zero, House Community & Regional Affairs Committee HJR 30 was referred to the Rules Committee for placement on the calendar. HB 282 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 282 "An Act relating to eligibility for membership on state boards, commissions, and authorities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 282(CRA) (same title) The report was signed by Representatives LeDoux and Fairclough, Co-chairs, with the following individual recommendations: Do pass (2): Cissna, Olson Do not pass (1): LeDoux No recommendation (3): Neuman, Salmon, Fairclough Amend (1): Dahlstrom The following fiscal note(s) apply to CSHB 282(CRA): 1. Zero, Office of the Governor HB 282 was referred to the State Affairs Committee. HB 348 The Resources Committee considered: 2008-02-27 House Journal Page 2095 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 348 "An Act relating to the adoption of regulations by the Board of Game." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 348(RES) (same title) The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (2): Wilson, Gatto Do not pass (1): Guttenberg No recommendation (4): Fairclough, Edgmon, Roses, Johnson The following fiscal note(s) apply to CSSSHB 348(RES): 1. Indeterminate, Dept. of Fish & Game 2. Fiscal, Dept. of Law SSHB 348 was referred to the Finance Committee. HB 368 The State Affairs Committee considered: HOUSE BILL NO. 368 "An Act modifying the limitations on political fund raising during legislative sessions by candidates for governor or for lieutenant governor, and amending the Legislative Ethics Act to modify the limitation on political fund raising by legislators and legislative employees during legislative sessions, to allow legislators and legislative employees to accept certain gifts from lobbyists within their immediate families, to clarify the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reduce the frequency of publication of summaries by the Select Committee on Legislative Ethics, to revise procedures and 2008-02-27 House Journal Page 2096 penalties related to the late filing of disclosures required by the Legislative Ethics Act, and to add a definition to that Act." and recommends it be replaced with: CS FOR HOUSE BILL NO. 368(STA) "An Act modifying the limitations on political fund raising during legislative sessions by candidates for governor or for lieutenant governor, and amending the Legislative Ethics Act to modify the limitation on political fund raising by legislators and legislative employees during legislative sessions, to allow legislators and legislative employees to accept certain gifts from lobbyists within their immediate families, to clarify the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reduce the frequency of publication of summaries by the Select Committee on Legislative Ethics, and to revise procedures and penalties related to the late filing of disclosures required by the Legislative Ethics Act." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (3): Roses, Gruenberg, Lynn No recommendation (4): Johnson, Johansen, Coghill, Doll The following fiscal note(s) apply to CSHB 368(STA): 1. Zero, Dept. of Administration HB 368 was referred to the Judiciary Committee. HB 379 The Labor & Commerce Committee considered: HOUSE BILL NO. 379 "An Act relating to educational requirements for licensure as a certified public accountant." 2008-02-27 House Journal Page 2097 The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (6): Gardner, LeDoux, Buch, Neuman, Gatto, Olson The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 379 was referred to the Finance Committee. HB 413 The Labor & Commerce Committee considered: HOUSE BILL NO. 413 "An Act extending the termination date for the Real Estate Commission; and providing for an effective date." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Gardner, Buch, Neuman, LeDoux, Olson The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 413 was referred to the Finance Committee. SB 196 The Judiciary Committee considered: CS FOR SENATE BILL NO. 196(FIN) am "An Act relating to establishing a controlled substance prescription database." and recommends it be replaced with: 2008-02-27 House Journal Page 2098 HOUSE CS FOR CS FOR SENATE BILL NO. 196(JUD) (same title) The report was signed by Representative Dahlstrom, Vice Chair, with the following individual recommendations: No recommendation (6): Gruenberg, Lynn, Coghill, Samuels, Holmes, Dahlstrom The following fiscal note(s) apply to HCS CSSB 196(JUD): 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Commerce, Community, & Economic Development CSSB 196(FIN) am was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 134 The House Special Committee on Fisheries considered: HOUSE BILL NO. 134 "An Act relating to conservation and protection of wild salmon production in drainages affecting the Bristol Bay Fisheries Reserve; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 134(FSH) "An Act relating to conservation and protection of anadromous fish production in drainages affecting the Bristol Bay Fisheries Reserve; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Edgmon Do not pass (3): Johnson, Wilson, Johansen 2008-02-27 House Journal Page 2099 No recommendation (1): Holmes Amend (2): LeDoux, Seaton The following fiscal note(s) apply to CSHB 134(FSH): 1. Zero, Dept. of Environmental Conservation 2. Zero, Dept. of Fish & Game 3. Indeterminate, Dept. of Natural Resources HB 134 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Richard "Dick" Cattanach By Representative Hawker Honoring - AWARE Women of Distinction By Representatives Kerttula, Doll; Senator Elton th Honoring - Resource Center for Parents and Children, 35 Anniversary By Representatives Kawasaki, Guttenberg Honoring - Rick Urion By Senator Bunde Honoring - Brooke Miles By Senator French; Representative Holmes Honoring - Juneau-Douglas High School Football Team, 2007 State Champions By Senator Elton; Representatives Kerttula, Doll Honoring - Juneau-Douglas High School Girls Softball Team, 2007 State Champions By Senator Elton; Representatives Kerttula, Doll 2008-02-27 House Journal Page 2100 Honoring - Juneau-Douglas High School Girls Swim/Dive Team, 2007 State Champions By Senator Elton; Representatives Kerttula, Doll Honoring - Juneau-Douglas High School Home Building Team, 2008 National Construction Competition Champions By Senator Elton; Representatives Kerttula, Doll In Memoriam - Kathleen Wakefield By Senator Elton; Representatives Doll, Kerttula In Memoriam - Connie Millhouse By Senator Bunde INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 387 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387 by Representatives Gardner and Gara, entitled: "An Act limiting the number of published telephone directories that may be distributed to a household." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 65 The following was read the second time: HOUSE BILL NO. 65 "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, 2008-02-27 House Journal Page 2101 and debit cards, and to the jurisdiction of the office of administrative hearings; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 2DP 3NR 1AM 886 FN1: INDETERMINATE(GOV/ALL DEPTS) 887 FN2: (ADM) 887 JUD RPT CS(JUD) NT 4DP 2AM 1151 FN1: INDETERMINATE(GOV/ALL DEPTS) 1152 FN2: (ADM) 1152 FIN RPT CS(FIN) NT 4DP 5NR 2048 FN3: INDETERMINATE(GOV/ALL DEPTS) 2049 FN4: (ADM) 2049 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 65(FIN) "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 65(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 65(FIN) was read the third time. The question being: "Shall CSHB 65(FIN) pass the House?" The roll was taken with the following result: 2008-02-27 House Journal Page 2102 CSHB 65(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johansen, Olson, Ramras Absent: Chenault And so, CSHB 65(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. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 65(FIN) was referred to the Chief Clerk for engrossment. HB 137 The following was read the second time: HOUSE BILL NO. 137 "An Act amending the requirements for the identification card needed for sport fishing, hunting, and trapping without a license by residents who are 60 years of age or more." with the: Journal Page FSH RPT CS(FSH) 2DP 1DNP 2NR 324 FN1: (DFG) 325 RES RPT CS(RES) 4DP 4NR 451 FN1: (DFG) 451 2008-02-27 House Journal Page 2103 FIN RPT CS(FIN) NT 6DP 5NR 646 FN2: (DFG) 646 The Rules Committee submitted the following updated fiscal note: 3. Fiscal, Dept. of Fish & Game Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 137(FIN) "An Act providing for free hunting and sport fishing licenses for active members of the Alaska National Guard; and amending the requirements for the identification card needed for sport fishing, hunting, and trapping without a license by residents who are 60 years of age or more; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Seaton: Page 4, line 21: Delete "2010" Insert "2011" Page 4, line 22: Delete "2008" Insert "2009" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 137(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 137(FIN) am was read the third time. 2008-02-27 House Journal Page 2104 The question being: "Shall CSHB 137(FIN) am pass the House?" The roll was taken with the following result: CSHB 137(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johansen, Olson, Ramras And so, CSHB 137(FIN) am passed the House. Representative Samuels moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 137(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 17 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 17 Relating to establishing March 2008 as Brain Injury Awareness Month. with the: Journal Page HES RPT 6DP 2074 FN1: ZERO(S.HES) 2075 The question being: "Shall SCR 17 pass the House?" The roll was taken with the following result: 2008-02-27 House Journal Page 2105 SCR 17 Second Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 4 ABSENT: 3 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johnson, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Neuman, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Johansen, Olson, Ramras Absent: Joule, Meyer, Nelson And so, SCR 17 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Samuels moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Elizabeth "Pat" Hjellen, Wasilla Pioneer By Representatives Keller, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - Perfect World By Senator Ellis; Representatives Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2008-02-27 House Journal Page 2106 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 Crawford - from 6:00 p.m., February 28 to evening plane time, March 2 Representative Doogan - from 6:00 a.m. to evening plane time, March 1 Representative Gara - from noon, March 2 to morning plane time, March 4 Representative Holmes - from 6:00 p.m., February 29 to morning plane time, March 3 Representative Kawasaki - from 6:00 a.m. to 9:00 p.m., February 28 Representative LeDoux - from 11:30 a.m., February 29 to morning plane time, March 3 Representative Neuman - from 11:00 a.m., February 28 to morning plane time, March 3 Representative Ramras - from 6:00 p.m., February 29 to morning plane time, March 3 Representative Roses - from 6:00 a.m., February 29 to evening plane time, March 2 HB 295 The Speaker waived the Resources Committee referral for the following at the request of Representative Johnson, Co-chair: HOUSE BILL NO. 295 "An Act relating to the filing or recording of documents and records with the Department of Natural Resources, to the inspection and copying of filed and recorded documents, and to 2008-02-27 House Journal Page 2107 the filing of secured transaction records under the Uniform Commercial Code; and providing for an effective date." HB 295 was removed from the Resources Committee and referred to the Rules Committee for placement on the calendar. HJR 28 Representative Kelly added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 28 Proposing an amendment to the Constitution of the State of Alaska relating to the production tax revenue fund, dedicating a portion of the petroleum production tax to the fund, and limiting appropriations from the fund. HB 65 Representatives Dahlstrom, Gardner, Johnson, Wilson, Guttenberg, Holmes, Nelson, Crawford, LeDoux, Keller, Doogan, Buch, Roses, and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 65(FIN) "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." HB 363 Representative Salmon added his name as cosponsor to: HOUSE BILL NO. 363 "An Act relating to naturopaths and to the practice of naturopathy; establishing an Alaska Naturopathic Council; amending the duties of the Board of Pharmacy relating to naturopathic practice; and providing for an effective date." HB 366 Representative Gruenberg added his name as cosponsor to: 2008-02-27 House Journal Page 2108 HOUSE BILL NO. 366 "An Act relating to an exemption from public disclosure of certain appropriations from the dividend fund; and providing for an effective date." SCR 17 Representatives Kerttula, Doogan, Wilson, and Samuels added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 17 Relating to establishing March 2008 as Brain Injury Awareness Month. SJR 11 Representative Buch added his name as cross sponsor 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 65 CSHB 65(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 137 CSHB 137(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 29, 2008. There being no objection, the House adjourned at 11:38 a.m. Suzi Lowell Chief Clerk