Legislature(2007 - 2008)
2008-03-17 House Journal
Full Journal pdf2008-03-17 House Journal Page 2287 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday March 17, 2008 Sixty-third Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:15 a.m. Roll call showed 34 members present. Representative Foster had been excused from a call of the House today. Representatives Crawford, Gara, and Holmes were absent and their presence was noted later. Representatives Guttenberg and Kawasaki were absent. The invocation was offered by the Chaplain, the Reverend Dan Wanders of Aldersgate United Methodist 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 deepest respect for the religious beliefs of all Alaskans, I offer the following prayer. Compassionate God, we thank you for the spirit of service that permeates this House. We thank you for the gifts that these legislators bring to the tasks before them, for the commitment to excellence that motivates their efforts, for the courage to lay themselves and their work before the people of Alaska. We pray that these representatives and their staffs will find in what they do a sense of satisfaction that exceeds their expectations and that their love of Alaska will find expression in acts that will contribute to Alaska becoming an even finer place than it is now. Amen. 2008-03-17 House Journal Page 2288 The Pledge of Allegiance was led by Representative Neuman. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the ththstnd journal for the 59, 60, 61, and 62 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 24 A message dated March 14, 2008, was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 24 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 72, relating to the community revenue sharing program. HCR 24 was referred to the Chief Clerk for enrollment. **The presence of Representatives Crawford, Gara, and Holmes was noted. SB 72 A message dated March 14, 2008, was read stating the Senate concurred in the House amendment to: CS FOR SENATE BILL NO. 72(FIN) "An Act relating to the community revenue sharing program; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 72(FIN) am H "An Act relating to the community revenue sharing program; repealing certain programs providing state payments to municipalities and other entities; and providing for an effective date." (HCR 24 - title change resolution) 2008-03-17 House Journal Page 2289 SB 125 A message dated March 14, 2008, was read stating the Senate adopted the Free Conference Committee report on HCS CSSB 125(FIN) and CSSB 125(FIN), thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 125 "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." The report is under Unfinished Business. A message dated March 14, 2008, was read stating the Senate passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 by Senator Green: Proclaiming February 4 - 10, 2008, as Perianesthesia Nurses Week. was read the first time and referred to the Health, Education & Social Services Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 149 CS FOR SENATE BILL NO. 149(L&C) by the Senate Labor and Commerce Committee, entitled: 2008-03-17 House Journal Page 2290 "An Act relating to redistribution of used eyeglasses and to the Board of Dispensing Opticians." was read the first time and referred to the Labor & Commerce Committee. SB 289 SENATE BILL NO. 289 by Senators Hoffman, Stevens, Elton, Ellis, Kookesh, Therriault, Dyson, Thomas, Wilken, Wielechowski, McGuire, Stedman, Green, French, and Davis, entitled: "An Act relating to home energy conservation and weatherization for purposes of certain programs of the Alaska Housing and Finance Corporation." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following were received: Dept. of Commerce, Community, & Economic Development Office of Economic Development Regulations Affecting Small Businesses, 2005 Program Report March 12, 2008 (as required by AS 44.62.218) Alaska State Legislature Alaska Climate Impact Assessment Commission Final Commission Report March 17, 2008 (as required by Legislative Resolve 49, 2006) 2008-03-17 House Journal Page 2291 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: Ms. Brenda Rebne as a member of the Big Game Commercial Services Board. Mr. Frank M. Homan as a member of the Alaska Commercial Fisheries Entry Commission (CFEC). Mr. Ted H. Spraker as a member of the Board of Game. The report was signed by Representatives Johnson and Gatto, Co- chairs; and Representatives Edgmon, Fairclough, Wilson, and Roses. HJR 37 The State Affairs Committee considered: HOUSE JOINT RESOLUTION NO. 37 Proposing amendments to the Constitution of the State of Alaska to correct obsolete references to the office of secretary of state by substituting references to the office of lieutenant governor and to eliminate personal pronoun references in the sections proposed to be amended. The report was signed by Representative Roses, Vice Chair, with the following individual recommendations: Do pass (4): Johnson, Gruenberg, Doll, Roses No recommendation (1): Coghill 2008-03-17 House Journal Page 2292 The following fiscal note(s) apply: 1. Fiscal, Office of the Governor HJR 37 was referred to the Judiciary Committee. HB 50 The Judiciary Committee considered: HOUSE BILL NO. 50 "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (4): Gruenberg, Coghill, Dahlstrom, Ramras The following fiscal note(s) apply to CSHB 50(JUD): 1. Zero, Dept. of Administration 2. Fiscal, Dept. of Health & Social Services HB 50 was referred to the Rules Committee for placement on the calendar. HB 190 The Health, Education & Social Services Committee considered: 2008-03-17 House Journal Page 2293 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190 "An Act relating to break times for employees who nurse a child." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (7): Cissna, Keller, Fairclough, Gardner, Seaton, Roses, Wilson The following fiscal note(s) apply to CSSSHB 190(HES): 1. Zero, Dept. of Labor & Workforce Development SSHB 190 was referred to the Labor & Commerce Committee. HB 333 The Judiciary Committee considered: HOUSE BILL NO. 333 "An Act relating to the reporting of child pornography." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Coghill, Dahlstrom, Holmes, Ramras The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety 2008-03-17 House Journal Page 2294 HB 333 was referred to the Rules Committee for placement on the calendar. HB 354 The Judiciary Committee considered: HOUSE BILL NO. 354 "An Act relating to subsidies for a hard-to-place child; relating to criminal sanctions for unlawful disclosure of confidential information pertaining to a child; relating to child support orders in child-in-need-of-aid and delinquency proceedings; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 354(JUD) "An Act relating to adoptions, to subsidies for a hard-to-place child, to criminal sanctions for unlawful disclosure of confidential information pertaining to a child, to child support orders in child- in-need-of-aid and delinquency proceedings, and to civil actions on behalf of children in need of aid who are injured or die while in state custody; and providing for an effective date." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Coghill, Dahlstrom, Holmes, Ramras The following fiscal note(s) apply to CSHB 354(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Health & Social Services 4. Zero, Dept. of Law HB 354 was referred to the Finance Committee. HB 359 The Finance Committee considered: 2008-03-17 House Journal Page 2295 HOUSE BILL NO. 359 "An Act relating to probation and the offense of minor consuming or in possession or control of alcohol." and recommends it be replaced with: CS FOR HOUSE BILL NO. 359(FIN) "An Act relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; and relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Hawker, Gara, Crawford, Thomas, Meyer, Chenault No recommendation (2): Kelly, Harris The following fiscal note(s) apply to CSHB 359(FIN): 1. Zero, House Judiciary Committee 2. Fiscal, Alaska Court System HB 359 was referred to the Rules Committee for placement on the calendar. HB 367 The Resources Committee considered: HOUSE BILL NO. 367 "An Act relating to the sale of raw milk and raw milk products." and recommends it be replaced with: CS FOR HOUSE BILL NO. 367(RES) "An Act relating to the sale of milk, milk products, raw milk, and raw milk products." 2008-03-17 House Journal Page 2296 The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: No recommendation (6): Edgmon, Fairclough, Wilson, Roses, Gatto, Johnson The following fiscal note(s) apply to CSHB 367(RES): 1. Indeterminate, Dept. of Health & Social Services 2. Fiscal, Dept. of Environmental Conservation HB 367 was referred to the Finance Committee. HB 391 The Labor & Commerce Committee considered: HOUSE BILL NO. 391 "An Act relating to project labor agreements." and recommends it be replaced with: CS FOR HOUSE BILL NO. 391(L&C) "An Act authorizing certain state contracts to require project labor agreements and requiring that project labor agreements negotiated under the Alaska Gasline Inducement Act, and certain project labor agreements negotiated under the State Procurement Code, include terms allowing each employee who is eligible to receive benefits because of that project labor agreement to select the benefits program to which the employer shall contribute the employee's benefits." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (2): Ramras, Gatto Do not pass (1): Buch No recommendation (3): Gardner, Neuman, Olson 2008-03-17 House Journal Page 2297 The following fiscal note(s) apply to CSHB 391(L&C): 1. Zero, Dept. of Transportation & Public Facilities HB 391 was referred to the Finance Committee. HB 404 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 404 "An Act establishing an Alaska Renewable Energy Task Force." and recommends it be replaced with: CS FOR HOUSE BILL NO. 404(CRA) (same title) The report was signed by Representatives LeDoux and Fairclough, Co-chairs, with the following individual recommendations: Do pass (6): Cissna, Dahlstrom, Neuman, Olson, LeDoux, Fairclough The following fiscal note(s) apply to CSHB 404(CRA): 1. Zero, University of Alaska HB 404 was referred to the Finance Committee. SB 97 The Judiciary Committee considered: CS FOR SENATE BILL NO. 97(JUD) "An Act relating to identification seals for certain articles created or crafted in the state by Alaska Native persons; relating to the Alaska State Council on the Arts; and making certain identification seal violations unfair trade practices." and recommends it be replaced with: 2008-03-17 House Journal Page 2298 HOUSE CS FOR CS FOR SENATE BILL NO. 97(JUD) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (3): Gruenberg, Coghill, Ramras No recommendation (1): Dahlstrom The following fiscal note(s) apply to HCS CSSB 97(JUD): 2. Zero, Dept. of Education & Early Development CSSB 97(JUD) was referred to the Rules Committee for placement on the calendar. SB 101 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 101(2d L&C) "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." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Gardner, Buch, Ramras, Gatto, Olson No recommendation (1): Neuman The following fiscal note(s) apply: 3. Zero, Dept. of Commerce, Community, & Economic Development 4. Zero, Dept. of Administration 5. Zero, Dept. of Health & Social Services 2008-03-17 House Journal Page 2299 CSSB 101(2d L&C) was referred to the Judiciary Committee. SB 119 The Health, Education & Social Services Committee considered: CS FOR SENATE BILL NO. 119(RLS) "An Act relating to grant programs to support libraries." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (2): Cissna, Wilson No recommendation (3): Keller, Fairclough, Gardner Amend (1): Roses The following fiscal note(s) apply: 3. Indeterminate, Dept. of Education & Early Development 4. Indeterminate, Senate Rules Committee/Dept. of Commerce, Community, & Economic Development CSSB 119(RLS) was referred to the Finance Committee. SB 253 The Resources Committee considered: SENATE BILL NO. 253 "An Act relating to the appointment of members of the Board of Game; and providing for an effective date." The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (5): Fairclough, Wilson, Roses, Gatto, Johnson No recommendation (1): Edgmon 2008-03-17 House Journal Page 2300 The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game SB 253 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jessica Klejka By Representative Nelson Honoring - Salvation Army Serendipity Adult Day Center By Representative Cissna; Senator Davis In Memoriam - Kent A. Lindsey By Representative Seaton; Senator Stevens In Memoriam - Helen Oleta Griffin Gwin By Representative Seaton; Senator Stevens In Memoriam - Daniel Alex Representatives Stoltze, Fairclough In Memoriam - Dormand Clare McGraw Sr. By Senator Stedman In Memoriam - Robert "Robbie" Allan King By Senator Stevens; Representative LeDoux In Memoriam - Roy James Evans, Jr. By Senator Stevens; Representative Seaton The following citation was introduced and taken up later as a Special Order of Business: Honoring - Central Mat-Su Fire Department On-Call Responders By Senator Green; Representative Stoltze 2008-03-17 House Journal Page 2301 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 258 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 258 by Representative Roses, entitled: "An Act relating to pawnbrokers and the exemption for pawnbrokers under the Alaska Small Loans Act; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 193 The following was read the second time: HOUSE BILL NO. 193 "An Act relating to the composition of the Alaska Police Standards Council; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 3DP 3NR 747 FN1: ZERO(DPS) 747 FIN RPT CS(STA) 4DP 1DNP 5NR 2118 FN2: ZERO(COR) 2119 FN3: ZERO(DPS) 2119 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. 193(STA) (same title) 2008-03-17 House Journal Page 2302 There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 193(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 193(STA) was read the third time. The question being: "Shall CSHB 193(STA) pass the House?" The roll was taken with the following result: CSHB 193(STA) Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Chenault, Kelly, Olson Excused: Foster Absent: Guttenberg, Kawasaki And so, CSHB 193(STA) 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 193(STA) was referred to the Chief Clerk for engrossment. HB 295 The following was read the second time: 2008-03-17 House Journal Page 2303 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 the filing of secured transaction records under the Uniform Commercial Code; and providing for an effective date." with the: Journal Page L&C RPT 4DP 1998 FN1: ZERO(DNR) 1998 RES REFERRAL WAIVED 2106 Representative Samuels moved and asked unanimous consent that HB 295 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 295 was read the third time. The question being: "Shall HB 295 pass the House?" The roll was taken with the following result: HB 295 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Guttenberg, Kawasaki And so, HB 295 passed the House. 2008-03-17 House Journal Page 2304 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 295 was referred to the Chief Clerk for engrossment. HB 330 The following was read the second time: HOUSE BILL NO. 330 "An Act relating to management of noxious weeds and invasive plants; establishing the Noxious Weed and Invasive Plant Board; and establishing the noxious weed and invasive plant management fund." with the: Journal Page RES RPT CS(RES) NT 8DP 2050 FN1: ZERO(DEC) 2050 FN2: ZERO(DFG) 2050 FN3: ZERO(DOT) 2050 FN4: (DNR) 2050 FN5: (DNR) 2050 FIN RPT CS(RES) NT 4DP 5NR 2228 FN1: ZERO(DEC) 2228 FN2: ZERO(DFG) 2228 FN3: ZERO(DOT) 2228 FN6: (DNR) 2228 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. 330(RES) "An Act relating to noxious weed, invasive plant and agricultural pest management and education; and providing for an effective date." There being no objection, it was so ordered. 2008-03-17 House Journal Page 2305 Representative Samuels moved and asked unanimous consent that CSHB 330(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 330(RES) was read the third time. The question being: "Shall CSHB 330(RES) pass the House?" The roll was taken with the following result: CSHB 330(RES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Guttenberg, Kawasaki And so, CSHB 330(RES) 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 330(RES) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 370 The following, which was advanced to third reading from the March 13, 2008, calendar (page 2275), was read the third time: CS FOR HOUSE BILL NO. 370(RES) "An Act relating to forested land management and protection from wildland fire and other destructive agents; changing the term 2008-03-17 House Journal Page 2306 'forest fire' to 'wildland fire' where it appears in the Alaska Statutes; and providing for an effective date." The question being: "Shall CSHB 370(RES) pass the House?" The roll was taken with the following result: CSHB 370(RES) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 1 ABSENT: 3 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Nelson Excused: Foster Absent: Chenault, Guttenberg, Kawasaki And so, CSHB 370(RES) 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 370(RES) was referred to the Chief Clerk for engrossment. SENATE BILLS IN THIRD READING SB 256 The following, which was held in third reading from the March 13, 2008, calendar (page 2275), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 256(FIN) "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; 2008-03-17 House Journal Page 2307 making appropriations to capitalize funds; and providing for an effective date." Representative Meyer moved and asked unanimous consent that HCS CSSB 256(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 256(FIN) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Meyer: Page 65, lines 17 - 21: Delete "Friends of the Anchorage Municipal Library - Eagle River Library Collection, Technology, Site and Programs Upgrades (HD 17-32)" Under Appropriation Items: Delete "370,000" Under General Funds: Delete "370,000" Page 72, following line 12: Insert "Anchorage - Eagle River Library Collection, Technology, Site and Programs Upgrades (HD 17-32)" Under Appropriation Items: Insert "370,000" Under General Funds: Insert "370,000" Representative Meyer moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 2008-03-17 House Journal Page 2308 Amendment No. 2 was offered by Representatives Doogan, Gara, Crawford, Guttenberg, Holmes, Kawasaki, Edgmon, Gardner, Doll, and Gruenberg: Page 101, lines 8 - 10: Delete all material. Reletter the following subsection accordingly. Page 110, line 3: Delete "$2,600,000,000" Insert "$3,600,000,000" Page 110, line 14: Delete "sec. 21(d)" Insert "sec. 21(c)" Page 110, line 19: Delete "21(a), 21(b), 21(d)" Insert "21" Page 110, line 21: Delete all material. Renumber the following bill section accordingly. Page 110, line 22: Delete "secs. 36 and 37" Insert "sec. 36" Representative Doogan moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2008-03-17 House Journal Page 2309 HCS CSSB 256(FIN) am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 22 EXCUSED: 1 ABSENT: 5 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Holmes, Kerttula, Nelson Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Roses, Salmon, Samuels, Stoltze, Wilson Excused: Foster Absent: Guttenberg, Kawasaki, Ramras, Seaton, Thomas And so, Amendment No. 2 was not adopted. HCS CSSB 256(FIN) am H was automatically in third reading. Representative Kerttula declared a conflict of interest. The question being: "Shall HCS CSSB 256(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 256(FIN) am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Guttenberg, Kawasaki And so, HCS CSSB 256(FIN) am H passed the House. 2008-03-17 House Journal Page 2310 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 Chenault gave notice of reconsideration of the vote on HCS CSSB 256(FIN) am H. SECOND READING OF HOUSE RESOLUTIONS HJR 28 The following was read the second time: 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. with the: Journal Page JUD RPT CS(JUD) NT 2DP 3NR 1AM 1899 FN1: ZERO(ADM) 1900 FN2: (GOV) 1900 FN3: (REV) 1900 FN4: (REV) 1900 FIN RPT CS(FIN) NT 4DP 3NR 2210 FN1: ZERO(ADM) 2210 FN2: (GOV) 2210 FN4: (REV) 2210 FN5: (REV) 2210 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 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 2008-03-17 House Journal Page 2311 transfers from the fund; and dedicating a portion of the petroleum production tax to the fund. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Gara: Page 1, lines 1 - 3 (title amendment): Delete all material and insert: "Proposing an amendment to the Constitution of the State of Alaska making a deposit to the budget reserve fund." Page 1, line 5, through page 2, line 18: Delete all material. Page 2, line 19: Delete "Sec. 3" Insert "Section 1" Renumber the following resolution sections accordingly. Page 2, lines 21 - 23: Delete all material and insert: "Section 30. Deposit to the Budget Reserve Fund. Before July 1, 2009, an amount shall be deposited to the budget reserve fund (art. IX, sec. 17) that is equal to $6,000,000,000 minus the amounts appropriated to the budget reserve fund (art. IX, sec. 17) during fiscal years 2008 and 2009." Page 2, line 24: Delete all material. Renumber the following resolution section accordingly. Page 2, line 25: Delete "amendments" Insert "amendment" 2008-03-17 House Journal Page 2312 Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 28(FIN) Second Reading Amendment No. 1 YEAS: 1 NAYS: 33 EXCUSED: 1 ABSENT: 5 Yeas: Gara Nays: Buch, Chenault, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gardner, Gatto, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Cissna, Doll, Gruenberg, Guttenberg, Kawasaki And so, Amendment No. 1 was not adopted. Representative Samuels moved and asked unanimous consent that CSHJR 28(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHJR 28(FIN) will advance to third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Samuels moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2008-03-17 House Journal Page 2313 In Memoriam - Frank William Hill By Senator Stevens; Representatives Seaton, Edgmon, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Thomas, Wilson In Memoriam - Frieda Rose Monson By Senator Stevens; Representatives Seaton, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Thomas, Wilson In Memoriam - Robert G. "Odie" Kohlbeck By Senator Stevens; Representatives Seaton, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Thomas, Wilson In Memoriam - James 'Jim' Roy Howard, Sr. By Senator Stevens; Representatives Seaton, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Thomas, Wilson 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: 2008-03-17 House Journal Page 2314 Representative Kelly - from 8:00 p.m., March 19 to morning plane time, March 25 Representative LeDoux - from 11:45 a.m. to 1:00 p.m., March 18 SB 125 Representative Samuels moved and asked unanimous consent that the House consider the Free Conference Committee report (page 2250) on the following, which is under Unfinished Business: 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." and 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." There being no objection, it was so ordered. 2008-03-17 House Journal Page 2315 Representative Samuels moved that the House adopt the Free Conference Committee report, thus adopting FCCS SB 125, and recommended that the members vote yes. The question being: "Shall the House adopt the Free Conference Committee report?" The roll was taken with the following result: FCCS SB 125 Adopt YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Foster Absent: Guttenberg, Kawasaki, Roses And so, the House adopted the Free Conference Committee report, thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 125 "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." 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. 2008-03-17 House Journal Page 2316 The Chief Clerk notified the Senate. The Senate adopted the Free Conference Committee report (Senate Journal page 2204). HJR 37 The Speaker added a Finance Committee referral for the following: HOUSE JOINT RESOLUTION NO. 37 Proposing amendments to the Constitution of the State of Alaska to correct obsolete references to the office of secretary of state by substituting references to the office of lieutenant governor and to eliminate personal pronoun references in the sections proposed to be amended. HJR 37 is in the Judiciary Committee. HB 50 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 50 "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." HB 50 was removed from the Rules Committee and referred to the Finance Committee. SPECIAL ORDER OF BUSINESS Representative Samuels moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Central Mat-Su Fire Department On-Call Responders, be taken up as a Special Order of Business. There being no objection, it was so ordered. 2008-03-17 House Journal Page 2317 Representative Samuels moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Central Mat-Su Fire Department On-Call Responders By Senator Green; Representatives Stoltze, Harris, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson UNFINISHED BUSINESS HB 308 The Community & Regional Affairs Committee submitted the forthcoming fiscal note to accompany its report (page 2245): 1. Fiscal, Dept. of Health & Social Services for HOUSE BILL NO. 308 "An Act establishing a state heating assistance program in addition to the federal heating assistance program." HB 308 is in the Finance Committee. HJR 28 Representatives Fairclough and Roses added their names as cosponsors to: 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. 2008-03-17 House Journal Page 2318 HB 50 Representatives Dahlstrom and Ramras added their names as cosponsors to: HOUSE BILL NO. 50 "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." HB 65 Representative Meyer added his name as cosponsor 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 190 Representative Doll added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190 "An Act relating to break times for employees who nurse a child." HB 193 Representative Buch added his name as cosponsor to: CS FOR HOUSE BILL NO. 193(STA) "An Act relating to the composition of the Alaska Police Standards Council; and providing for an effective date." HB 333 Representative Ramras added his name as cosponsor to: 2008-03-17 House Journal Page 2319 HOUSE BILL NO. 333 "An Act relating to the reporting of child pornography." HB 348 Representative Kelly added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 348 "An Act relating to the adoption of regulations by the Board of Game." HB 370 Representative Gara added his name as cosponsor to: CS FOR HOUSE BILL NO. 370(RES) "An Act relating to forested land management and protection from wildland fire and other destructive agents; changing the term 'forest fire' to 'wildland fire' where it appears in the Alaska Statutes; and providing for an effective date." SB 97 Representative Ramras added his name as cross sponsor to: CS FOR SENATE BILL NO. 97(JUD) "An Act relating to identification seals for certain articles created or crafted in the state by Alaska Native persons; relating to the Alaska State Council on the Arts; and making certain identification seal violations unfair trade practices." SB 230 Representative Buch added his 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." 2008-03-17 House Journal Page 2320 SB 289 Representative Nelson added her name as cross sponsor to: SENATE BILL NO. 289 "An Act relating to home energy conservation and weatherization for purposes of certain programs of the Alaska Housing and Finance Corporation." ENGROSSMENT HB 193 CSHB 193(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 295 HB 295 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 330 CSHB 330(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 370 CSHB 370(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 176 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:17 a.m., March 14, 2008: CS FOR HOUSE BILL NO. 176(RES) "An Act creating the Fort Rousseau Causeway State Historical Park." 2008-03-17 House Journal Page 2321 HB 321 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:17 a.m., March 14, 2008: CS FOR HOUSE BILL NO. 321(FSH) "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003, as amended by sec. 4, ch. 3, SLA 2006; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today were changed: Judiciary Committee CHANGED TO: 2:00 p.m. Resources Committee CHANGED TO: 30 minutes after adjournment Finance Committee CHANGED TO: 2:00 p.m. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 18, 2008. There being no objection, the House adjourned at 1:43 p.m. Suzi Lowell Chief Clerk