Legislature(2007 - 2008)
2008-03-10 House Journal
Full Journal pdf2008-03-10 House Journal Page 2205 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday March 10, 2008 Fifty-sixth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:13 a.m. Roll call showed 33 members present. Representatives Foster, Kerttula, Lynn, and Salmon had been excused from a call of the House today. 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 LeDoux - to afternoon plane time today Representative Joule - from today to evening plane time, March 13 Representative Guttenberg - from today to evening plane time, March 14 (amended from page 2159) The invocation was offered by the Chaplain, the Reverend Tom Matthews of Douglas Island Bible 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 for the various beliefs represented here, I would ask you to please join me in this opening prayer this morning. Lord, I come before you with an open heart with a special request that has been shared with me: there has been a loss of 2008-03-10 House Journal Page 2206 a man from Cordova, Mr. Mike O'Leary. The family and the friends are hurting right now. He is loved and he is going to be missed. Lord, we pray that you would give that special measure of comfort and strength to the family to persevere in this difficult time. Thank you that we can lift our request before you and that you care and you want to help us in these times of difficulty. I thank you, Lord, for each person here today as they represent the various house districts of this great state of Alaska. What an honor it is for them to represent their various constituents. Thank you for a system of government that allows representation by the common man in decisions that are made by its leaders. Lord, as we gather here I know there is fatigue among these members. They are pushing hard to complete their tasks within a set period of time and in doing so are pushing the limits of their own endurance and strength. I would pray that in spite of their fatigue, you would help them to evaluate each piece of information that comes before them with clarity of mind and the ability to make wise determinations based on the material that comes before them. Help them persevere to the end. Lord, I pray that you would guide and bless their deliberations today. In the name of Jesus Christ I lift this prayer. Amen. The Pledge of Allegiance was led by Representative Doogan. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the stndrdthth journal for the 51, 52, 53, 54, and 55 legislative days and House Journal Supplement No. 5 and House and Senate Joint Journal Supplement No. 14 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * 2008-03-10 House Journal Page 2207 Representative Holmes introduced Chris Jenkins, Guest Page, from Anchorage. Representative Gardner introduced Hayley Rodgers, Guest Page, from Anchorage. Representative Stoltze introduced Tavish Logan, Guest Page, from Anchorage. MESSAGES FROM THE GOVERNOR HCR 17 A message dated March 7, 2008, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 139, relating to limitations on liability for certain airfield owners or operators. Legislative Resolve No. 27 HCR 21 A message dated March 7, 2008, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 21 Supporting the National Crime Victims' Rights Week of 2008. Legislative Resolve No. 30 SCR 13 A message dated March 7, 2008, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2008-03-10 House Journal Page 2208 CS FOR SENATE CONCURRENT RESOLUTION NO. 13(RES) Urging the governor to direct the attorney general to file an amicus curiae brief with the United States Supreme Court in the case of District of Columbia v. Heller, supporting the individual right to keep and bear arms under the Second Amendment to the United States Constitution. Legislative Resolve No. 28 SCR 17 A message dated March 7, 2008, was read stating the Governor read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 17 Relating to establishing March 2008 as Brain Injury Awareness Month. Legislative Resolve No. 29 MESSAGES FROM THE SENATE HB 259 A message dated March 6, 2008, was read stating the Senate passed: HOUSE BILL NO. 259(efd add) "An Act establishing the first week of every March as Alaska History Week; and providing for an effective date." HB 259(efd add) was referred to the Chief Clerk for enrollment. A message dated March 5, 2008, was read stating the Senate passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 230 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 230(FIN) am by the Senate Finance Committee, entitled: 2008-03-10 House Journal Page 2209 "An Act establishing the film office in the Department of Commerce, Community, and Economic Development; creating a transferable tax credit applicable to certain film production expenditures incurred in the state; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 256 CS FOR SENATE BILL NO. 256(FIN) am(efd fld) by the Senate Finance Committee, entitled: "An Act making supplemental appropriations, capital appropriations, reappropriations, and other appropriations; making an appropriation to the senior benefits payment program; amending certain appropriations; ratifying certain expenditures; and making appropriations to capitalize funds." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HCR 20 The State Affairs Committee considered: HOUSE CONCURRENT RESOLUTION NO. 20 Encouraging the installation of fire sprinkler systems in residences. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 20(STA) (same title) The report was signed by Representative Roses, Vice Chair, with the following individual recommendations: No recommendation (5): Johnson, Johansen, Gruenberg, Doll, Roses 2008-03-10 House Journal Page 2210 The following fiscal note(s) apply to CSHCR 20(STA): 1. Zero, House Labor & Commerce Committee HCR 20 was referred to the Rules Committee for placement on the calendar. HJR 28 The Finance Committee considered: 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 28(FIN) Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, and to appropriations to and transfers from the fund; and dedicating a portion of the petroleum production tax to the fund. The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (4): Hawker, Crawford, Thomas, Meyer No recommendation (3): Gara, Stoltze, Joule The following fiscal note(s) apply to CSHJR 28(FIN): 1. Zero, Dept. of Administration 2. Fiscal, Office of the Governor 4. Fiscal, Dept. of Revenue 5. Fiscal, Dept. of Revenue HJR 28 was referred to the Rules Committee for placement on the calendar. 2008-03-10 House Journal Page 2211 HB 332 The Health, Education & Social Services Committee considered: HOUSE BILL NO. 332 "An Act relating to elementary and pre-elementary schools." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (5): Cissna, Seaton, Roses, Keller, Wilson The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development HB 332 was referred to the Finance Committee. HB 337 The Health, Education & Social Services Committee considered: HOUSE BILL NO. 337 "An Act establishing the Alaska Health Care Commission and the Alaska health care information office; relating to health care planning and information; repealing the certificate of need program for certain health care facilities and relating to the repeal; annulling certain regulations required for implementation of the certificate of need program for certain health care facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 337(HES) "An Act establishing the Alaska Health Care Commission and the Alaska health care information office; relating to health care planning and information; relating to the certificate of need program for certain health care facilities; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: 2008-03-10 House Journal Page 2212 Do pass (2): Cissna, Seaton Do not pass (2): Fairclough, Gardner No recommendation (1): Roses Amend (2): Keller, Wilson The following fiscal note(s) apply to CSHB 337(HES): 5. Indeterminate, Dept. of Health & Social Services 6. Indeterminate, Dept. of Health & Social Services 7. Fiscal, Dept. of Health & Social Services 8. Fiscal, Dept. of Health & Social Services 9. Fiscal, Dept. of Health & Social Services HB 337 was referred to the Finance Committee. SB 78 The Transportation Committee considered: CS FOR SENATE BILL NO. 78(JUD) "An Act relating to the installation of window tinting in automobiles." The report was signed by Representative Johansen, Chair, with the following individual recommendations: Do pass (1): Doogan No recommendation (3): Neuman, Keller, Johansen The following fiscal note(s) apply: 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety CSSB 78(JUD) was referred to the Judiciary Committee. 2008-03-10 House Journal Page 2213 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Roger Schmidt, 2007 National Coming Up Taller Award By Representative Wilson; Senator Stedman Honoring - Chief Petty Officer Brian Vesco, Bronze Star Recipient By Representatives Keller, Gatto, Stoltze, Neuman; Senator Huggins Honoring - Wayne Anthony Ross By Representative Hawker Honoring - National Correctional Officers' Week, May 4-10, 2008 By Representative Harris Honoring - South Anchorage High School Hockey Team, 2008 State Champions By Representative Lynn Honoring - Seward High School Girls Cross Country Ski Team, Highest Scoring 2A/3A Team for 2008 By Representative Seaton Honoring - Seward - The Mural Capital of Alaska By Representative Seaton; Senator Stevens In Memoriam - James Vernon Grizzell Jr. By Senators Green, Huggins; Representative Stoltze In Memoriam - Troy Kahklen By Senator Elton; Representatives Kerttula, Doll The following citations were introduced and taken up later as a Special Order of Business: Honoring - James L. Grant, Sr. By Senator Kookesh; Representative Salmon 2008-03-10 House Journal Page 2214 Honoring - Interior Regional Housing Authority By Senator Kookesh; Representative Salmon Honoring - Women's History Month, 2008 Theme: Women's Art, Women's Vision By Senator Davis In Memoriam - Chief David Salmon By Senator Kookesh; Representative Salmon CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 325 The following was read the second time: HOUSE BILL NO. 325 "An Act relating to the teachers' and nurses' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date." with the: Journal Page HES RPT 5DP 1880 FN1: ZERO(REV) 1880 FIN RPT CS(FIN) NT 8DP 2NR 1984 FN1: ZERO(REV) 1985 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. 325(FIN) "An Act relating to the teachers' and health care professionals' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date." There being no objection, it was so ordered. 2008-03-10 House Journal Page 2215 Representative Samuels moved and asked unanimous consent that CSHB 325(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 325(FIN) was read the third time. The question being: "Shall CSHB 325(FIN) pass the House?" The roll was taken with the following result: CSHB 325(FIN) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 7 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Joule, Kerttula, LeDoux, Lynn, Salmon And so, CSHB 325(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 325(FIN) was referred to the Chief Clerk for engrossment. HB 413 The following was read the second time: HOUSE BILL NO. 413 "An Act extending the termination date for the Real Estate Commission; and providing for an effective date." 2008-03-10 House Journal Page 2216 with the: Journal Page L&C RPT 5DP 2097 FN1: (CED) 2097 FIN RPT 3DP 6NR 2163 FN1: (CED) 2164 Representative Samuels moved and asked unanimous consent that HB 413 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 413 was read the third time. The question being: "Shall HB 413 pass the House?" The roll was taken with the following result: HB 413 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 7 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Joule, Kerttula, LeDoux, Lynn, Salmon And so, HB 413 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 413 was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 34 The following was read the second time: 2008-03-10 House Journal Page 2217 HOUSE JOINT RESOLUTION NO. 34 Urging the United States Congress to reauthorize the Debbie Smith DNA backlog grant program. with the: Journal Page JUD RPT 5DP 2072 FN1: ZERO(H.JUD) 2073 Representative Samuels moved and asked unanimous consent that HJR 34 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 34 was read the third time. The question being: "Shall HJR 34 pass the House?" The roll was taken with the following result: HJR 34 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 7 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Joule, Kerttula, LeDoux, Lynn, Salmon And so, HJR 34 passed the House and was referred to the Chief Clerk for engrossment. 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: 2008-03-10 House Journal Page 2218 Honoring - Dorothy I. Perdue By Representatives Kawasaki, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Wilken Commemorating - Law Enforcement Memorial Day, May 9, 2008 By Representatives Harris, Dahlstrom, Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Jerome E. Hallberg By Representatives Kawasaki, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Wilken UNFINISHED BUSINESS SB 59 Representative Samuels moved and asked unanimous consent that the House consider the Conference Committee report (page 2145) on the following, which is under Unfinished Business: HOUSE CS FOR CS FOR SENATE BILL NO. 59(FIN) "An Act relating to the use of broadcasting to promote dog mushers' contests and charitable raffles and lotteries; to the maximum amount of prices that may be awarded for charitable gaming activities other than bingo; to the use of the proceeds of charitable gaming; and to establishing cabbage classics as a form of charitable gaming." and 2008-03-10 House Journal Page 2219 CS FOR SENATE BILL NO. 59(FIN) "An Act relating to the use of broadcasting to promote charitable raffles and lotteries and to establishing cabbage classics as a form of charitable gaming." There being no objection, it was so ordered. Representative Samuels moved that the House adopt the Conference Committee report, thus adopting CCS SB 59, and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SB 59 Adopt YEAS: 19 NAYS: 14 EXCUSED: 7 ABSENT: 0 Yeas: Chenault, Coghill, Doogan, Gardner, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki, Kelly, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton Nays: Buch, Cissna, Crawford, Dahlstrom, Doll, Edgmon, Fairclough, Gara, Gatto, Keller, Nelson, Stoltze, Thomas, Wilson Excused: Foster, Guttenberg, Joule, Kerttula, LeDoux, Lynn, Salmon And so, the House failed to adopt the Conference Committee report, thus failing to adopt: CONFERENCE CS FOR SENATE BILL NO. 59 "An Act relating to the use of broadcasting to promote dog mushers' contests and charitable raffles and lotteries; relating to the maximum amount of prizes that may be awarded for charitable gaming activities other than bingo; and establishing cabbage classics as a form of charitable gaming." The Chief Clerk notified the Senate. The Senate adopted the Conference Committee report (Senate Journal page 2029). 2008-03-10 House Journal Page 2220 SPECIAL ORDER OF BUSINESS Representative Samuels moved and asked unanimous consent that the notice and publication requirements be waived and the following citations be taken up as a Special Order of Business. There being no objection, it was so ordered. In Memoriam - Chief David Salmon Honoring - James L. Grant, Sr. Honoring - Interior Regional Housing Authority Honoring - Women's History Month, 2008 Theme: Women's Art, Women's Vision Representative Samuels moved and asked unanimous consent that the House approve the citations. There being no objection, the following citations were approved and sent to enrolling: In Memoriam - Chief David Salmon By Senator Kookesh; Representatives Salmon, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - James L. Grant, Sr. By Senator Kookesh; Representatives Salmon, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - Interior Regional Housing Authority By Senator Kookesh; Representatives Salmon, Harris, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson 2008-03-10 House Journal Page 2221 Honoring - Women's History Month, 2008 Theme: Women's Art, Women's Vision By Senator Davis; Representatives Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson UNFINISHED BUSINESS HB 294 Representative Doll added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294 "An Act establishing the division of marine transportation; establishing the Alaska Marine Transportation Authority Board and the position of director of the division of marine transportation, and assigning the powers and duties of each; making conforming amendments; and providing for an effective date." SB 230 Representative Kerttula added her name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 230(FIN) am "An Act establishing the film office in the Department of Commerce, Community, and Economic Development; creating a transferable tax credit applicable to certain film production expenditures incurred in the state; and providing for an effective date." ENGROSSMENT HJR 34 HJR 34 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2008-03-10 House Journal Page 2222 HB 325 CSHB 325(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 413 HB 413 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 1:00 p.m., March 11, 2008. There being no objection, the House adjourned at 12:23 p.m. Suzi Lowell Chief Clerk 2008-03-10 House Journal Page 2223 HOUSE JOURNAL INDEX HB 259 2208 HB 294 2221 HB 325 2214-2215, 2222 HB 332 2211 HB 337 2211-2212 HB 413 2215-2216, 2222 HCR 17 2207 HCR 20 2209-2210 HCR 21 2207 HJR 28 2210 HJR 34 2216-2217, 2221 SB 59 2218-2219 SB 78 2212 SB 230 2208-2209, 2221 SB 256 2209 SCR 13 2207-2208 SCR 17 2208