Legislature(2007 - 2008)
2008-04-05 House Journal
Full Journal pdf2008-04-05 House Journal Page 2629 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE - SECOND SESSION Juneau, Alaska Saturday April 5, 2008 Eighty-second Day Pursuant to adjournment the House was called to order by Speaker Harris at 4:07 p.m. Roll call showed 39 members present. Representative Samuels moved and asked unanimous consent that Representative Holmes be excused from a call of the House from today to 10:00 p.m., April 7. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Matt Johnson of Greatland Bible Ministries. Representative Coghill 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 Alaskans of all faiths, I offer this prayer. O God, unto whom all hearts are open, all desires known, and from whom no secrets are hid, cleanse the thoughts of our hearts by the inspiration of your Holy Spirit, that we may be participants in the improvement of your world. Grant us the spirit of wisdom and understanding that we may know the truth and find ourselves reborn to a greater freedom and a fuller peace. Give us the strength and courage to act in accordance with the law written upon our hearts, with the knowledge that in so doing we serve higher purposes and accomplish nobler ends. Grant us to live in preference to the approbation of our God to the applause of our peers. 2008-04-05 House Journal Page 2630 Suffer us not to mock ourselves with falsehood but to be ever mindful of the fact that we are not our own; that we have a common destiny, and the decisions we make here have moment not just for ourselves, but for all who share our common life. Give us to act not so much for the greater good, as for the good of all. And in so doing, may the words of our mouths and the meditations of our hearts be acceptable in your sight, O God, our strength and our redeemer. Amen. The Pledge of Allegiance was led by Representative Seaton. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the st journal for the 81 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 370 A message dated April 4, 2008, was read stating the Senate passed: 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." CSHB 370(RES) was referred to the Chief Clerk for enrollment. HB 61 A message dated April 4, 2008, was read stating the Senate passed CSHB 61(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 61(FIN) "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes, including vocational education programs and courses at the secondary school level and to tax credits for cash contributions by tax payers 2008-04-05 House Journal Page 2631 that are accepted by a state-operated vocational technical education and training school; and providing for an effective date." CSHB 61(FIN) is under Unfinished Business. HB 193 A message dated April 4, 2008, was read stating the Senate passed CSHB 193(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR 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." CSHB 193(STA) is under Unfinished Business. HB 330 A message dated April 4, 2008, was read stating the Senate passed CSHB 330(RES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 330(FIN) "An Act relating to noxious weed, invasive plant and agricultural pest management and education; and providing for an effective date." CSHB 330(RES) is under Unfinished Business. SB 101 A message dated April 4, 2008, was read stating the Senate concurred in the House amendment to CSSB 101(2d L&C), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) "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." 2008-04-05 House Journal Page 2632 SB 216 A message dated April 4, 2008, was read stating the Senate adopted the House letter of intent (page 2582) on the following: CS FOR SENATE BILL NO. 216(TRA) "An Act designating the Alaska Highway and portion of the Richardson Highway as the Purple Heart Trail." COMMUNICATIONS The following were received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement between the State and the Inlandboatmen's Union of the Pacific April 4, 2008 (as required by AS 23.40.215) Dept. of Administration Office of the Commissioner Monetary Terms of Arbitration Award between the State and the International Organization of Masters, Mates and Pilots Association April 3, 2008 (as required by AS 23.40.215) The Speaker referred the monetary terms to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 281 The Rules 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." 2008-04-05 House Journal Page 2633 and recommends it be replaced with: CS FOR HOUSE BILL NO. 281(RLS) "An Act requiring candidates to disclose certain information about all contributors under AS 15.13; 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 Coghill, Chair, with the following individual recommendations: Do pass (4): Kerttula, Samuels, Harris, Coghill No recommendation (1): Guttenberg Amend (1): Johnson The following fiscal note(s) apply to CSHB 281(RLS): 2. Zero, Legislative Agency 3. Fiscal, Dept. of Administration 4. Fiscal, Dept. of Law HB 281 was returned to the Rules Committee for placement on the calendar. SB 78 The Judiciary Committee considered: CS FOR SENATE BILL NO. 78(JUD) "An Act relating to the installation of window tinting in automobiles." 2008-04-05 House Journal Page 2634 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 78(JUD) (same title) The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (2): Lynn, Dahlstrom No recommendation (2): Coghill, Ramras Amend (1): Gruenberg The following fiscal note(s) apply to HCS CSSB 78(JUD): 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety CSSB 78(JUD) was referred to the Rules Committee for placement on the calendar. SB 196 The Finance 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: HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Joule, Nelson, Meyer 2008-04-05 House Journal Page 2635 No recommendation (6): Kelly, Crawford, Gara, Stoltze, Thomas, Chenault The Committee adopted the Senate letter of intent (Senate Journal page 1785). The following fiscal note(s) apply to HCS CSSB 196(FIN): 3. Fiscal, Dept. of Commerce, Community, & Economic Development 4. Fiscal, Dept. of Health & Social Services CSSB 196(FIN) am was referred to the Rules Committee for placement on the calendar. SB 201 The State Affairs Committee considered: CS FOR SENATE BILL NO. 201(FIN) "An Act relating to the establishment and maintenance of an Internet website providing public finance information; and identifying the information to be available on the Internet website." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (5): Doll, Gruenberg, Roses, Johnson, Lynn No recommendation (1): Johansen The following fiscal note(s) apply: 1. Zero, Dept. of Administration CSSB 201(FIN) was referred to the Finance Committee. SB 202 The State Affairs Committee considered: 2008-04-05 House Journal Page 2636 SENATE BILL NO. 202 "An Act relating to expenditures in aid of or to implement the provisions of the federal Real ID Act." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 202(STA) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (2): Coghill, Lynn No recommendation (3): Johansen, Roses, Doll Amend (2): Johnson, Gruenberg The following fiscal note(s) apply to HCS SB 202(STA): 1. Zero, Dept. of Administration SB 202 was referred to the Finance Committee. SB 211 The Judiciary Committee considered: 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." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 211(JUD) "An Act relating to an aggravating factor at sentencing concerning the knowledge of the defendant regarding the vulnerability or incapability of resistance of the victim due to homelessness." (pending title change resolution) 2008-04-05 House Journal Page 2637 The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (2): Gruenberg, Lynn No recommendation (3): Coghill, Dahlstrom, Ramras The following fiscal note(s) apply to HCS SB 211(JUD): 1. Zero, Dept. of Corrections 2. Zero, Dept. of Administration 3. Zero, Dept. of Administration SB 211 was referred to the Rules Committee for placement on the calendar. SB 214 The Finance Committee considered: CS FOR SENATE BILL NO. 214(FIN) "An Act relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 214(FIN) "An Act relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents; providing for free hunting and sport fishing licenses for active members of the Alaska National Guard and military reserves; and providing for an effective date." (pending title change resolution) The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (6): Hawker, Nelson, Crawford, Foster, Thomas, Chenault 2008-04-05 House Journal Page 2638 No recommendation (2): Joule, Kelly The following fiscal note(s) apply to HCS CSSB 214(FIN): 2. Fiscal, Dept. of Fish & Game CSSB 214(FIN) is on today's calendar. SB 259 The Health, Education & Social Services Committee considered: SENATE BILL NO. 259 "An Act repealing certain provisions relating to applications for medical assistance coverage; making certain provisions of ch. 96, SLA 2006, retroactive; providing for an effective date by repealing an effective date section in ch. 96, SLA 2006; providing for an effective date for certain sections of ch. 96, SLA 2006; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (4): Cissna, Seaton, Roses, Wilson No recommendation (3): Keller, Fairclough, Gardner The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services 2. Zero, Legislative Agency SB 259 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 310 The Conference Committee considering: 2008-04-05 House Journal Page 2639 CS FOR HOUSE BILL NO. 310(FIN) am "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 310(FIN) am S(brf sup maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." requests limited powers of free conference on the appropriations and language that are not identical in the House and Senate bill versions. A list of allocations in section 1 that are identical and language sections not subject to conference were attached to the request. The request was signed by Representatives Chenault (Chair), Meyer, Joule; and Senators Hoffman (Chair), Stedman, Dyson. The Speaker granted the limited powers of free conference as requested. The Chief Clerk notified the Senate. HB 312 The Conference Committee considering: CS FOR HOUSE BILL NO. 312(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 312(FIN) (same title) 2008-04-05 House Journal Page 2640 requests limited powers of free conference on the appropriations and language that are not identical in the House and Senate bill versions. A list of allocations in section 1 that are identical and language sections not subject to conference were attached to the request. The request was signed by Representatives Chenault (Chair), Meyer, Joule; and Senators Hoffman (Chair), Stedman, Dyson. The Speaker granted the limited powers of free conference as requested. The Chief Clerk notified the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Forest Association By Representative Johansen Honoring - Jasmine Ann Neeno By Senator French; Representative Holmes Honoring - Michael Warren By Senator French; Representative Holmes Honoring - Jason Bergerson By Senator French; Representative Doogan Honoring - Pamela Orme By Senator French Honoring - Wil Milam By Senator Stevens; Representative Seaton In Memoriam - C.L. "Chuck" Cloudy By Representatives Johansen, Thomas 2008-04-05 House Journal Page 2641 In Memoriam - Helen Ruth Finney By Representatives Johansen, Thomas In Memoriam - Wilma Ione Tibbles By Representative Johansen In Memoriam - Kelly Nausid By Representative Johansen In Memoriam - Loretta Hopper By Senator French; Representative Neuman In Memoriam - Patricia Margaret Anne O'Hollaren Rowe By Senator Stevens; Representative Seaton In Memoriam - Elisabeth Dorothy Wilsie Aprill By Senator Stevens; Representative Seaton In Memoriam - Lionel Haakenson By Senator Stevens; Representative Seaton INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 by the House Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 214, relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents. was read the first time and taken up later as a Special Order of Business. HCR 28 HOUSE CONCURRENT RESOLUTION NO. 28 by the House Judiciary Committee: 2008-04-05 House Journal Page 2642 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 211, relating to an aggravating factor at sentencing for crimes directed at a victim because of the victim's homelessness. was read the first time and referred to the Rules Committee for placement on the calendar. HCR 29 HOUSE CONCURRENT RESOLUTION NO. 29 by the House Resources Committee: Establishing the Cook Inlet Salmon Task Force as a joint legislative task force. was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 368 The following was read the second time: 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 penalties related to the late filing of disclosures required by the Legislative Ethics Act, and to add a definition to that Act." 2008-04-05 House Journal Page 2643 with the: Journal Page STA RPT CS(STA) NT 3DP 4NR 2095 FN1: ZERO(ADM) 2096 JUD RPT CS(JUD) NT 4DP 3NR 2462 FN1: ZERO(ADM) 2463 FIN RPT CS(FIN) NT 7DP 2NR 1AM 2573 FN1: ZERO(ADM) 2574 FN2: ZERO(LEG) 2574 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. 368(FIN) "An Act 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, 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 fines related to the late filing of disclosures required by the Legislative Ethics Act." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Lynn, Gardner, Kerttula, and Doll: Page 2, lines 19 - 23: Delete all material. Renumber the following bill sections accordingly. Representative Lynn moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Gara objected. 2008-04-05 House Journal Page 2644 Representative Ramras placed a call of the House. The call was satisfied. Amendment to Amendment No. 1 was offered by Representative Crawford: Add to the amendment: "Page 2, lines 12 - 18: Delete all material." Representative Crawford moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There was objection. Representative Crawford moved and asked unanimous consent to withdraw Amendment to Amendment No. 1. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 368(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Coghill, Doll, Gardner, Guttenberg, Kawasaki, Kerttula, Lynn, Nelson, Olson, Salmon, Samuels, Seaton, Stoltze Nays: Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly, LeDoux, Meyer, Neuman, Ramras, Roses, Thomas, Wilson Excused: Holmes And so, Amendment No. 1 was not adopted. 2008-04-05 House Journal Page 2645 Amendment No. 2 was offered by Representatives Kerttula, Lynn, and Doll: Page 2, lines 1 - 2: Delete "municipality in which the legislative session is convened [CAPITAL CITY]" Insert "capital city or in the municipality in which the legislature is convened in special session if the municipality is other than the capital city" Page 2, line 10: Delete "municipality in which the legislative session is convened, [CAPITAL CITY]" Insert "capital city or in the municipality in which the legislature is convened in special session if the municipality is other than the capital city," Page 2, lines 16 - 17: Delete "municipality in which the legislative session is convened, [CAPITAL CITY]" Insert "capital city or in the municipality in which the legislature is convened in special session if the municipality is other than the capital city," Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Representative Samuels moved and asked unanimous consent that CSHB 368(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 368(FIN) am was read the third time. The question being: "Shall CSHB 368(FIN) am pass the House?" The roll was taken with the following result: 2008-04-05 House Journal Page 2646 CSHB 368(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes And so, CSHB 368(FIN) am passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 209 The following was read the second time: SENATE BILL NO. 209 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." with the: Journal Page FIN RPT 7DP 2575 FN2: (HSS) 2575 Representative Samuels moved and asked unanimous consent that SB 209 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 209 was read the third time. The question being: "Shall SB 209 pass the House?" The roll was taken with the following result: 2008-04-05 House Journal Page 2647 SB 209 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes Absent: Doogan And so, SB 209 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. SB 209 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 214 The following was read the second time: CS FOR SENATE BILL NO. 214(FIN) "An Act relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents; and providing for an effective date." with the: Journal Page MLV RPT HCS(MLV) 3DP 2NR 2551 FN1: (DFG) 2552 FIN RPT HCS(FIN) NT 6DP 2NR 2637 FN2: (DFG) 2638 2008-04-05 House Journal Page 2648 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 214(FIN) "An Act relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents; providing for free hunting and sport fishing licenses for active members of the Alaska National Guard and military reserves; and providing for an effective date." (HCR 27 - title change resolution) There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that HCS CSSB 214(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 214(FIN) was read the third time. The question being: "Shall HCS CSSB 214(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 214(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes And so, HCS CSSB 214(FIN) passed the House. 2008-04-05 House Journal Page 2649 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. HCS CSSB 214(FIN) was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS HCR 27 Representative Samuels moved and asked unanimous consent that the following be taken up as a Special Order of Business: HOUSE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 214, relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents. There being no objection, it was so ordered. The question being: "Shall HCR 27 pass the House?" The roll was taken with the following result: HCR 27 Special Order of Business YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes Absent: Chenault And so, HCR 27 passed the House and was referred to the Chief Clerk for engrossment. 2008-04-05 House Journal Page 2650 CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF HOUSE BILLS HB 364 The following, which was advanced to third reading from the April 4, 2008, calendar (page 2610), was read the third time: CS FOR HOUSE BILL NO. 364(FIN) "An Act relating to notice and consent for a minor's abortion; relating to penalties for performing an abortion; relating to a judicial bypass procedure for an abortion; relating to coercion of a minor to have an abortion; relating to reporting of abortions performed on minors; amending Rule 220, Alaska Rules of Appellate Procedure, and Rule 20, Alaska Probate Rules, relating to judicial bypass for an abortion; and providing for an effective date." The question being: "Shall CSHB 364(FIN) pass the House?" The roll was taken with the following result: CSHB 364(FIN) Third Reading Final Passage YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Stoltze, Thomas, Wilson Nays: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kawasaki, Kerttula, Salmon, Seaton Excused: Holmes Absent: Nelson And so, CSHB 364(FIN) passed the House. 2008-04-05 House Journal Page 2651 Representative Samuels moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 364(FIN) Third Reading Effective Date YEAS: 29 NAYS: 9 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Cissna, Crawford, Doll, Doogan, Gara, Gardner, Gruenberg, Guttenberg, Kerttula Excused: Holmes Absent: Nelson And so, the effective date clause was adopted. Representative Samuels moved and asked unanimous consent that the roll call on the effective date clause be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Kerttula later gave notice of reconsideration of the vote on CSHB 364(FIN). 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 - Excursion Inlet Seafood Processing Plant, 100 Year Anniversary By Representatives Thomas, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, 2008-04-05 House Journal Page 2652 Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson; Senator Kookesh Honoring - Kiana School Lady Lynx By Representatives Joule, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Honoring - Darrel W. Hess By Senator Ellis; Representatives Gara, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson In Memoriam - Henry "Hank" Isao Nakada By Representatives Seaton, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Stoltze, Thomas, Wilson; Senator Stevens In Memoriam - Brian Brundin By Representatives Gruenberg, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson In Memoriam - Thomas Cobb Tierney By Representatives Holmes, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Johansen, 2008-04-05 House Journal Page 2653 Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator French In Memoriam - Don Collingsworth By Senator Elton; Representatives Kerttula, Doll, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - James "Jim" Ruotsala By Senator Elton; Representatives Kerttula, Doll, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Richard C. Pope By Senator Huggins; Representatives Neuman, Stoltze, 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, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson CONCUR IN SENATE AMENDMENTS HB 61 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 2630) on the following: CS FOR HOUSE BILL NO. 61(FIN) "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes, including vocational education programs and courses at the secondary school level and to tax credits for cash contributions by tax payers 2008-04-05 House Journal Page 2654 that are accepted by a state-operated vocational technical education and training school; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 61(FIN) (same title) There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHB 61(FIN), thus adopting SCS CSHB 61(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 61(FIN)?" The roll was taken with the following result: SCS CSHB 61(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 61(FIN). 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. The Chief Clerk notified the Senate. 2008-04-05 House Journal Page 2655 SCS CSHB 61(FIN) was referred to the Chief Clerk for enrollment. HB 125 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 2598) on the following: CS FOR HOUSE BILL NO. 125(FIN) "An Act relating to budget planning and a fiscal plan for the State of Alaska." and SENATE CS FOR CS FOR HOUSE BILL NO. 125(FIN) (same title) There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHB 125(FIN), thus adopting SCS CSHB 125(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 125(FIN)?" The roll was taken with the following result: SCS CSHB 125(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 125(FIN). 2008-04-05 House Journal Page 2656 The Chief Clerk notified the Senate. SCS CSHB 125(FIN) was referred to the Chief Clerk for enrollment. RECONSIDERATION SB 164 Representative Gara brought up reconsideration of the vote on CSSB 164(JUD) (page 2614). The following was again before the House in third reading: CS FOR SENATE BILL NO. 164(JUD) "An Act relating to disclosures required for the sale of a used motor vehicle, including a trailer, by a motor vehicle dealer." Representative Gara moved and asked unanimous consent that CSSB 164(JUD) be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 1 (page 2612). There being no objection, it was so ordered. Representative Gara moved that the House rescind previous action in failing to adopt Amendment No. 1. The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 1?" The roll was taken with the following result: CSSB 164(JUD)--RECONSIDERATION Second Reading Rescind previous action on Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, LeDoux, Lynn, Nelson, Salmon, Seaton, Wilson Nays: Chenault, Coghill, Dahlstrom, Fairclough, Foster, Harris, Hawker, Johansen, Johnson, Kawasaki, Keller, Kelly, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Stoltze, Thomas 2008-04-05 House Journal Page 2657 Excused: Holmes And so, the motion failed. CSSB 164(JUD) was automatically in third reading. The question to be reconsidered: "Shall CSSB 164(JUD) pass the House?" The roll was taken with the following result: CSSB 164(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 9 EXCUSED: 1 ABSENT: 1 Yeas: Chenault, Crawford, Dahlstrom, Edgmon, Fairclough, Foster, Gardner, Gatto, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Buch, Cissna, Doll, Doogan, Gara, Gruenberg, Guttenberg, Kerttula, Salmon Excused: Holmes Absent: Coghill And so, CSSB 164(JUD) passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 193 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 2631) on the following: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 193(STA) (same title) 2008-04-05 House Journal Page 2658 There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHB 193(STA), thus adopting SCS CSHB 193(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 193(STA)?" The roll was taken with the following result: SCS CSHB 193(STA) Concur YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Kelly Excused: Holmes Absent: Salmon And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 193(STA). 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. The Chief Clerk notified the Senate. SCS CSHB 193(STA) was referred to the Chief Clerk for enrollment. HB 330 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 2631) on the following: 2008-04-05 House Journal Page 2659 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 330(FIN) (same title) There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHB 330(RES), thus adopting SCS CSHB 330(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 330(RES)?" The roll was taken with the following result: SCS CSHB 330(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Holmes Absent: Kerttula, Salmon And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 330(FIN). 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. 2008-04-05 House Journal Page 2660 The Chief Clerk notified the Senate. SCS CSHB 330(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 306 The Speaker waived the Finance Committee referral for the following at the request of Representative Meyer, Co-chair: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 306 "An Act relating to providing a voluntary pre-elementary program within a school district; and providing for the establishment and implementation of a statewide early childhood education plan." SSHB 306 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 364 Representative Kerttula moved that the House rescind previous action in adopting the court rule changes (page 2651) on the following: CS FOR HOUSE BILL NO. 364(FIN) "An Act relating to notice and consent for a minor's abortion; relating to penalties for performing an abortion; relating to a judicial bypass procedure for an abortion; relating to coercion of a minor to have an abortion; relating to reporting of abortions performed on minors; amending Rule 220, Alaska Rules of Appellate Procedure, and Rule 20, Alaska Probate Rules, relating to judicial bypass for an abortion; and providing for an effective date." There was objection. Representative Kerttula moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Kerttula gave notice of reconsideration of the vote on CSHB 364(FIN). 2008-04-05 House Journal Page 2661 HB 193 Representative Dahlstrom added her name as cosponsor to: SENATE CS FOR 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." SB 201 Representative Lynn added his name as cross sponsor to: CS FOR SENATE BILL NO. 201(FIN) "An Act relating to the establishment and maintenance of an Internet website providing public finance information; and identifying the information to be available on the Internet website." SB 209 Representative Lynn added his name as cross sponsor to: SENATE BILL NO. 209 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." SB 214 Representatives Stoltze, Lynn, Meyer, Fairclough, Kerttula, and Chenault added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 214(FIN) "An Act relating to hunting licenses and tags for nonresident members of the military service or the United States Coast Guard and their dependents; providing for free hunting and sport fishing licenses for active members of the Alaska National Guard and military reserves; and providing for an effective date." ENGROSSMENT HCR 27 HCR 27 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2008-04-05 House Journal Page 2662 HB 368 CSHB 368(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 214 HCS CSSB 214(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 3, 2008. House committee schedules are published daily under separate cover. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 2:00 p.m., April 6, 2008. There being no objection, the House adjourned at 7:08 p.m. Suzi Lowell Chief Clerk 2008-04-05 House Journal Page 2663 HOUSE JOURNAL INDEX HB 61 2630-2631, 2653-2655 HB 125 2655-2656 HB 193 2631, 2657-2658, 2661 HB 281 2632-2633 HB 306 2660 HB 310 2638-2639 HB 312 2639-2640 HB 330 2631, 2658-2660 HB 364 2650-2651, 2660 HB 368 2642-2646, 2662 HB 370 2630 HCR 27 2641, 2649, 2661 HCR 28 2641-2642 HCR 29 2642 SB 78 2633-2634 SB 101 2631 SB 164 2656-2657 SB 196 2634-2635 SB 201 2635, 2661 SB 202 2635-2636 SB 209 2646-2647, 2661 SB 211 2636-2637 SB 214 2637-2638, 2647-2649, 2661-2662 SB 216 2632 SB 259 2638