Legislature(2007 - 2008)
2008-03-20 House Journal
Full Journal pdf2008-03-20 House Journal Page 2375 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday March 20, 2008 Sixty-sixth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:23 a.m. Roll call showed 28 members present. Representatives Foster, Kawasaki, LeDoux, Nelson, Seaton, and Wilson had been excused from a call of the House today. Representatives Buch, Chenault, Crawford, and Doll were absent and their presence was noted later. Representative Gardner was absent. 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 Roses - from 11:30 a.m., today to evening plane time, March 24 (amended from page 2344) Representative Holmes - from today to morning plane time, March 25 (amended from page 2368) The invocation was offered by the Chaplain, the Reverend Dan Wanders of Aldersgate United Methodist Church. Representative Roses 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. O God, may the work of this House lead the way to increased justice and peace for all throughout this great land. 2008-03-20 House Journal Page 2376 God of the ages, source of all wisdom, acknowledging that we need one another in making wise decisions, help these representatives to speak with sensitivity and clarity and to listen with openness and humility. So guide the deliberations of this body that the decisions here made can balance the needs and concerns of all our people and institutions and many will remember this session for the excellence of the work here done. I pray for safe travel for House members and their constituents as they move between home cities and villages and this place of service to the people of Alaska. Amen. The Pledge of Allegiance was led by Representative Neuman. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the journal for the 65th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 16 A message dated March 19, 2008, was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 16 Opposing imposition of a milk tax on Alaskans. HJR 16 was referred to the Chief Clerk for enrollment. A message dated March 19, 2008, was read stating the Senate passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 164 CS FOR SENATE BILL NO. 164(JUD) by the Senate Judiciary Committee, entitled: 2008-03-20 House Journal Page 2377 "An Act relating to disclosures required for the sale of a used motor vehicle, including a trailer, by a motor vehicle dealer." was read the first time and referred to the Judiciary Committee. **The presence of Representatives Doll and Crawford was noted. SB 243 CS FOR SENATE BILL NO. 243(HES) by the Senate Health, Education and Social Services Committee, entitled: "An Act relating to the duties and powers of the Alaska Commission on Aging and the Department of Health and Social Services." was read the first time and referred to the Finance Committee. SB 254 SENATE BILL NO. 254 by Senator Huggins, entitled: "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." was read the first time and referred to the Finance Committee. 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. William S. Brown Mr. John E. Jensen Mr. Melvan E. Morris as members of the Board of Fisheries. The report was signed by Representatives Johnson and Gatto, Co- chairs, and Representatives Seaton, Fairclough, Edgmon, Roses, and Guttenberg. 2008-03-20 House Journal Page 2378 HJR 37 The Judiciary 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 37(JUD) 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. The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Coghill, Dahlstrom, Lynn, Ramras No recommendation (1): Samuels The following fiscal note(s) apply to CSHJR 37(JUD): 1. Fiscal, Office of the Governor HJR 37 was referred to the Finance Committee. HB 281 The Judiciary Committee considered: HOUSE BILL NO. 281 "An Act extending the statute of limitations for the filing of complaints with the Alaska Public Offices Commission involving state election campaigns." and recommends it be replaced with: 2008-03-20 House Journal Page 2379 CS FOR HOUSE BILL NO. 281(JUD) "An Act relating to the preservation of records required to be kept by candidates, groups, nongroup entities, or persons under AS 15.13; relating to records required to be kept by certain lobbyists and persons who employ, retain, or contract for the services of lobbyists; relating to complaints filed with the Select Committee on Legislative Ethics; relating to administrative complaints filed with the Alaska Public Offices Commission; relating to the statute of limitations for civil actions brought under AS 39.50; extending the statute of limitations for prosecutions of violations of the Alaska Election Code; and providing for an effective date." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (2): Lynn, Gruenberg No recommendation (3): Coghill, Dahlstrom, Ramras The following fiscal note(s) apply to CSHB 281(JUD): 1. Fiscal, Dept. of Administration HB 281 was referred to the Finance Committee. **The presence of Representative Buch was noted. HB 297 The Rules 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(RLS) "An Act relating to student permits authorized by the Board of Veterinary Examiners; and relating to the application of certain statutes pertaining to veterinarians and veterinary practice to certain persons." 2008-03-20 House Journal Page 2380 The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (3): Fairclough, Samuels, Coghill No recommendation (2): Johnson, Harris Amend (2): Kerttula, Guttenberg The following fiscal note(s) apply to CSHB 297(RLS): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 297 is on today's calendar. HB 366 The State Affairs Committee considered: 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." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (2): Doll, Lynn No recommendation (4): Johnson, Johansen, Roses, Coghill The following fiscal note(s) apply: 1. Zero, Dept. of Corrections 2. Zero, Dept. of Revenue HB 366 was referred to the Finance Committee. 2008-03-20 House Journal Page 2381 HB 388 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 388 "An Act establishing the Alaska Broadband Task Force; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 388(CRA) (same title) The report was signed by Representatives LeDoux and Fairclough, Co-chairs, with the following individual recommendations: Do pass (3): Cissna, Salmon, LeDoux No recommendation (3): Neuman, Dahlstrom, Fairclough The following fiscal note(s) apply to CSHB 388(CRA): 1. Fiscal, Legislative Agency HB 388 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: th Honoring - Florence Colyar in Celebration of Her 90 Birthday Representative Gardner Honoring - Jyotsna "Jo" Heckman, UAF Business Leader of the Year By Representatives Kawasaki, Guttenberg Honoring - Duane Taylor By Representative Harris 2008-03-20 House Journal Page 2382 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 39 HOUSE JOINT RESOLUTION NO. 39 by the House State Affairs Committee: Urging the United States Senate to ratify the Law of the Sea Treaty. was read the first time and referred to the State Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 297 The following was read the second time: HOUSE BILL NO. 297 "An Act relating to the practice of veterinary medicine." with the: Journal Page L&C RPT CS(L&C) 6DP 1NR 1957 FN1: ZERO(CED) 1957 RLS RPT CS(RLS) NT 3DP 2NR 2AM 2379 FN1: ZERO(CED) 2380 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. 297(RLS) "An Act relating to student permits authorized by the Board of Veterinary Examiners; and relating to the application of certain statutes pertaining to veterinarians and veterinary practice to certain persons." 2008-03-20 House Journal Page 2383 There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 297(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 297(RLS) will advance to third reading on the March 25, 2008, calendar. **The presence of Representative Chenault was noted. HB 326 The following was read the second time: 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." with the: Journal Page MLV RPT CS(MLV) NT 7DP 1959 FN1: ZERO(ADM) 1960 FN2: INDETERMINATE(MVA) 1960 FN3: INDETERMINATE(DNR) 1960 FIN RPT CS(FIN) NT 3DP 5NR 2188 FN1: ZERO(ADM) 2189 FN4: ZERO(MVA) 2189 FN5: INDETERMINATE(DNR) 2189 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2008-03-20 House Journal Page 2384 CS FOR HOUSE BILL NO. 326(FIN) "An Act authorizing the governor to order the organized militia into active state service to fight wildland fire, authorizing the governor to delegate to the adjutant general the authority to order the organized militia into active state service to fight wildland fire, and authorizing the payment of Alaska National Guard called into active state service to fight wildland fire at rates of pay established for certain emergency fire-fighting personnel; and providing for an effective date." There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 326(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 326(FIN) was read the third time. The question being: "Shall CSHB 326(FIN) pass the House?" The roll was taken with the following result: CSHB 326(FIN) Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 7 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas Excused: Foster, Holmes, Kawasaki, LeDoux, Nelson, Seaton, Wilson Absent: Gardner And so, CSHB 326(FIN) passed the House. 2008-03-20 House Journal Page 2385 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 326(FIN) was referred to the Chief Clerk for engrossment. HB 344 The following was read the second time: HOUSE BILL NO. 344 "An Act relating to distribution of the Alaska Administrative Code and Alaska Administrative Register; and providing for an effective date." with the: Journal Page CRA RPT 7DP 2074 FN1: ZERO(GOV) 2074 FIN RPT 8DP 2195 FN1: ZERO(GOV) 2196 Representative Samuels moved and asked unanimous consent that HB 344 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 344 was read the third time. The question being: "Shall HB 344 pass the House?" The roll was taken with the following result: HB 344 Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 7 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas 2008-03-20 House Journal Page 2386 Excused: Foster, Holmes, Kawasaki, LeDoux, Nelson, Seaton, Wilson Absent: Gardner And so, HB 344 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 344 was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 301 The following, which was advanced to third reading from the March 19, 2008, calendar (page 2361), was read the third time: HOUSE BILL NO. 301 "An Act relating to partial-birth abortions." The Speaker stated that, without objection, HB 301 would be held to the March 25, 2008, calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 19 The following was read the second time: HOUSE JOINT RESOLUTION NO. 19 Relating to opposition to the Real ID Act of 2005. with the: Journal Page STA RPT CS(STA) NT 4DP 2268 FN1: ZERO(H.STA) 2268 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2008-03-20 House Journal Page 2387 CS FOR HOUSE JOINT RESOLUTION NO. 19(STA) Encouraging repeal of the Real ID Act of 2005. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHJR 19(STA) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHJR 19(STA) will advance to third reading on the March 25, 2008, calendar. HJR 31 The following was read the second time: HOUSE JOINT RESOLUTION NO. 31 Opposing the enactment of the Protect America's Wildlife Act of 2007 that intends to prohibit aerial hunting of wildlife, which is essential for predator control in Alaska. with the: Journal Page RES RPT CS(RES) 6DP 1NR 1AM 2071 FN1: ZERO(H.RES) 2072 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. 31(RES) (same title) There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHJR 31(RES) be considered engrossed, advanced to third reading, and placed on final passage. 2008-03-20 House Journal Page 2388 There was objection. CSHJR 31(RES) will advance to third reading on the March 25, 2008, calendar. HR 7 The following was read the second time: HOUSE RESOLUTION NO. 7 Urging the United States Congress to support, work to pass, and vote for the immediate and permanent repeal of the federal estate tax. Representative Gruenberg declared a conflict of interest. The question being: "Shall HR 7 pass the House?" The roll was taken with the following result: HR 7 Second Reading Final Passage YEAS: 23 NAYS: 8 EXCUSED: 7 ABSENT: 2 Yeas: Coghill, Dahlstrom, Edgmon, Fairclough, Gatto, Gruenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas Nays: Buch, Cissna, Crawford, Doll, Doogan, Gara, Guttenberg, Kerttula Excused: Foster, Holmes, Kawasaki, LeDoux, Nelson, Seaton, Wilson Absent: Chenault, Gardner And so, HR 7 passed the House and was referred to the Chief Clerk for engrossment and enrollment. SECOND READING OF SENATE RESOLUTIONS SJR 12 The following was read the second time: 2008-03-20 House Journal Page 2389 CS FOR SENATE JOINT RESOLUTION NO. 12(STA) Requesting that Alaska be exempt from changes to the interpretation of the Passenger Vessel Services Act of June 19, 1886, proposed by the United States Department of Homeland Security, Bureau of Customs and Border Protection, affecting cruise itineraries of foreign-flagged vessels transporting passengers to ports in Alaska; or, if Alaska is not exempted, opposing the proposed changes to the interpretation of that Act. with the: Journal Page TRA RPT 6DP 2246 FN1: ZERO(S.STA) 2247 Representative Samuels moved and asked unanimous consent that CSSJR 12(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSJR 12(STA) was read the third time. Representative Ramras declared a conflict of interest. The question being: "Shall CSSJR 12(STA) pass the House?" The roll was taken with the following result: CSSJR 12(STA) Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 7 ABSENT: 2 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas Excused: Foster, Holmes, Kawasaki, LeDoux, Nelson, Seaton, Wilson Absent: Chenault, Gardner 2008-03-20 House Journal Page 2390 And so, CSSJR 12(STA) 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 citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Lance Mackey By Representatives Kelly, Gatto, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Thomas 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 11:00 a.m., March 21 to morning plane time, March 25 Representative Coghill - from 11:30 a.m., March 21 to evening plane time, March 24 Representative Fairclough - from 11:00 a.m., March 21 to morning plane time, March 24 Representative Gara - from 6:00 a.m., March 21 to morning plane time, March 25 Representative Hawker - from noon, today to evening plane time, March 23 2008-03-20 House Journal Page 2391 Representative Harris - from 11:30 a.m., March 21 to evening plane time, March 24 Representative Johansen - from 6:00 a.m., March 21 to evening plane time, March 24 Representative Joule - from 6:00 p.m., today to evening plane time, March 24 Representative LeDoux - from 6:00 p.m., March 23 to evening plane time, March 24 Representative Meyer - from 6:00 p.m., today to evening plane time, March 24 Representative Ramras - from 6:00 p.m., today to evening plane time, March 24 Representative Salmon - from 6:00 p.m., today to evening plane time, March 24 Representative Samuels - from 6:00 a.m., March 21 to 10:00 p.m., March 24 Representative Thomas - from 9:00 a.m., March 21 to 8:00 p.m., March 24 SPECIAL ORDER OF BUSINESS Representative Kerttula announced the birth of Nora Shine Ikamtuk Nelson, daughter of Representative Nelson. UNFINISHED BUSINESS HB 182 The following memorandum, dated March 19, 2008, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services, regarding: 2008-03-20 House Journal Page 2392 CS FOR HOUSE BILL NO. 182(JUD) "An Act making the offering of certain promotional checks an unfair or deceptive act or practice." "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 182(JUD), which has been corrected in enrolling: Page 1, line 5: Delete "(52)" Insert "(53)"" HB 305 Representative Lynn removed his name as cosponsor to: CS FOR HOUSE BILL NO. 305(RLS) am "An Act relating to campaign fund raising during a regular or special legislative session; and providing for an effective date." SJR 12 Representative Thomas added his name as cross sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 12(STA) Requesting that Alaska be exempt from changes to the interpretation of the Passenger Vessel Services Act of June 19, 1886, proposed by the United States Department of Homeland Security, Bureau of Customs and Border Protection, affecting cruise itineraries of foreign-flagged vessels transporting passengers to ports in Alaska; or, if Alaska is not exempted, opposing the proposed changes to the interpretation of that Act. SB 211 Representative Kerttula added her name as cross sponsor to: SENATE BILL NO. 211 "An Act relating to an aggravating factor at sentencing for crimes directed at a victim because of the victim's homelessness." 2008-03-20 House Journal Page 2393 SB 254 Representatives Stoltze and Neuman added their names as cross sponsors to: SENATE BILL NO. 254 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." ENGROSSMENT HB 326 CSHB 326(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 344 HB 344 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., March 21, 2008, for a technical session. There being no objection, the House adjourned at 11:15 a.m. Suzi Lowell Chief Clerk