Legislature(2007 - 2008)

2008-04-07 House Journal

Full Journal pdf

2008-04-07                     House Journal                      Page 2685
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                TWENTY-FIFTH LEGISLATURE - SECOND SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday                    April 7, 2008                                                     
                                                                                                                                
                            Eighty-fourth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Harris at 11:25 a.m.                                                                                                            
                                                                                                                                
Roll call showed 40 members present.                                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Matt                                                                   
Johnson of Greatland Bible Ministries.  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 Alaskans of every faith, I offer this                                                             
     prayer.                                                                                                                    
                                                                                                                                
     Eternal God, we wish to offer thanks for your providence that                                                              
     has brought us to this good day.  We bless you for our                                                                     
     creation, preservation, and all the blessings of this life.  Your                                                          
     mercies truly are over all your works.  We offer especial                                                                  
     thanks for your care, evident in the lives of our members and                                                              
     their families who have taken an imposed absence from us                                                                   
     due to personal illness; we pray your continued aid and                                                                    
     blessing upon them.                                                                                                        
                                                                                                                                
     And though often we take it for granted, we give thanks today                                                              
     for the provenance of the exercise we engage in.  We                                                                       
     acknowledge the blessing of self-determination.  We are not                                                                
     subject to the whims and wills of autocrats and plutocrats, but                                                            
     rather we have been granted the blessing of living under a                                                                 
     regime of law where power ascends from the consent of the                                                                  

2008-04-07                     House Journal                      Page 2686
     governed.  We give thanks to you for a founding vision that                                                                
     recognized that our rights do not originate with government                                                                
     but are of a higher order and therefore unalienable.                                                                       
                                                                                                                                
     We thank you for life in all of its givenness and fragility; help                                                          
     us to be good stewards of these, your graces.  We give thanks                                                              
     to you for the possibilities of a life that need not be ruled by                                                           
     the tyranny of self-interest.  Help us through infusion of grace                                                           
     and cultivation of virtue to fully realize our own freedom in a                                                            
     life that issues in an altruism of being that transcends the                                                               
     dialectic of competing egos.                                                                                               
                                                                                                                                
     Give us to be reminded that if we would master the world, we                                                               
     must first master ourselves.  We give thanks to you for the                                                                
     accomplishments of this session.  Grant us strength to finish                                                              
     the task you have given us to do and to do it with the grace                                                               
     requisite to our trust.  For Christ's sake.  Amen.                                                                         
                                                                                                                                
The Pledge of Allegiance was led by Representative Salmon.                                                                      
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
                    rd                                                                                                          
journal for the 83 legislative day be approved as certified by the                                                              
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
4:00 p.m.; and so, the House recessed at 11:44 a.m.                                                                             
                                                                                                                                
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 4:27 p.m.                                                                         
                                                                                                                                
**Representative Foster was excused (page 2569).                                                                                
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HCR 27                                                                                                                        
A message dated April 6, 2008, was read stating the Senate passed:                                                              
                                                                                                                                

2008-04-07                     House Journal                      Page 2687
     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.                                                                                                                
                                                                                                                                
HCR 27 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HJR 32                                                                                                                        
A message dated April 6, 2008, was read stating the Senate passed:                                                              
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 32                                                                                              
     Supporting open and free competition within the broadcasting                                                               
     industry.                                                                                                                  
                                                                                                                                
HJR 32 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
HB 285                                                                                                                        
A message dated April 7, 2008, was read stating the Senate passed:                                                              
                                                                                                                                
     CS FOR HOUSE BILL NO. 285(CRA)                                                                                             
     "An Act relating to an optional exemption from municipal                                                                   
     property taxes for residences of widows and widowers of certain                                                            
     members of the armed forces of the United States."                                                                         
                                                                                                                                
CSHB 285(CRA) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
HB 295                                                                                                                        
A message dated April 7, 2008, was read stating the Senate passed:                                                              
                                                                                                                                
     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."                                                                     
                                                                                                                                
HB 295 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
                                                                                                                                

2008-04-07                     House Journal                      Page 2688
HB 233                                                                                                                        
A message dated April 6, 2008, was read stating the Senate passed                                                               
CSHB 233(L&C) with the following amendment and it is transmitted                                                                
for consideration:                                                                                                              
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 233(L&C)                                                                               
     "An Act relating to giving notice of unclaimed net margin                                                                  
     distributions made by electric and telephone cooperatives."                                                                
                                                                                                                                
CSHB 233(L&C) is under Unfinished Business.                                                                                     
                                                                                                                                
HB 121                                                                                                                        
A message dated April 7, 2008, was read stating the Senate failed to                                                            
recede from its amendment to:                                                                                                   
                                                                                                                                
     CS FOR HOUSE BILL NO. 121(L&C) am                                                                                          
     "An Act relating to release of information in individual workers'                                                          
     compensation records; and providing for an effective date."                                                                
                                                                                                                                
namely:                                                                                                                         
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 121(FIN)                                                                               
     (same title)                                                                                                               
                                                                                                                                
CSHB 121(L&C) am is under Unfinished Business.                                                                                  
                                                                                                                                
HB 310                                                                                                                        
A message dated April 6, 2008, was read stating the President granted                                                           
limited powers of free conference to the Senate members of the                                                                  
Conference Committee considering:                                                                                               
                                                                                                                                
     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                                                                                                                             
                                                                                                                                

2008-04-07                     House Journal                      Page 2689
     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."                                                                 
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested (page 2638).                                                                                                          
                                                                                                                                
                                                                                                                                
HB 312                                                                                                                        
A message dated April 6, 2008, was read stating the President granted                                                           
limited powers of free conference to the Senate members of 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)                                                                                                               
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested (page 2639).                                                                                                          
                                                                                                                                
                                                                                                                                
SB 214                                                                                                                        
A message dated April 6, 2008, was read stating the Senate concurred                                                            
in the House amendment to:                                                                                                      
                                                                                                                                
     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."                                                                
                                                                                                                                
thus adopting:                                                                                                                  
                                                                                                                                

2008-04-07                     House Journal                      Page 2690
     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)                                                                                         
                                                                                                                                
SB 241                                                                                                                        
A message dated April 7, 2008, was read stating the Senate concurred                                                            
in the House amendment to CSSB 241(SED), thus adopting:                                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 241(HES)                                                                               
     "An Act relating to a report to the legislature on teacher                                                                 
     preparation, retention, and recruitment by the Board of Regents of                                                         
     the University of Alaska; and providing for an effective date."                                                           
                                                                                                                                
The Senate adopted the House letter of intent (page 2437).                                                                      
                                                                                                                                
A message dated April 6, 2008, was read stating the Senate passed the                                                           
following and they are transmitted for consideration:                                                                           
                                                                                                                                
                                                                                                                                
                       FIRST READING AND REFERENCE                                                                           
                          OF SENATE RESOLUTIONS                                                                              
                                                                                                                                
SCR 24                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 24 by the Senate                                                                               
Health, Education and Social Services Committee:                                                                                
                                                                                                                                
     Relating to establishing a Joint Legislative Certificate of Need                                                           
     Task Force.                                                                                                                
                                                                                                                                
was read the first time and referred to the Rules Committee.                                                                    
                                                                                                                                
SJR 18                                                                                                                        
SENATE JOINT RESOLUTION NO. 18 by Senators Wielechowski                                                                         
and Ellis:                                                                                                                      
                                                                                                                                

2008-04-07                     House Journal                      Page 2691
     Requesting the President of the United States to direct the United                                                         
     States Consumer Product Safety Commission to test the materials                                                            
     used in children's toys and other children's products for toxicity                                                         
     and to make the results publicly available.                                                                                
                                                                                                                                
was read the first time and referred to the Health, Education & Social                                                          
Services Committee.                                                                                                             
                                                                                                                                
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
The Labor & Commerce Committee reviewed the qualifications of the                                                               
following and recommends the appointments be forwarded to a joint                                                               
session for consideration:                                                                                                      
                                                                                                                                
                              Mr. Max E. Mertz                                                                                  
                                                                                                                                
as a member of the Alaska State Board of Public Accountancy.                                                                    
                                                                                                                                
                                                                                                                                
                            Mr. Joseph DelDonno                                                                                 
                               Mr. Robert Klein                                                                                 
                                                                                                                                
as members of the Alcoholic Beverage Control Board.                                                                             
                                                                                                                                
                            Mr. Clifford E. Baker                                                                               
                             Mr. Daniel E. Walsh                                                                                
                                                                                                                                
as members of the State Board of Registration for Architects,                                                                   
Engineers, and Land Surveyors.                                                                                                  
                                                                                                                                
                             Ms. Lorenda Britten                                                                                
                             Ms. Kelley Sherman                                                                                 
                                                                                                                                
as members of the Board of Barbers and Hairdressers.                                                                            
                                                                                                                                
                             Mr. James Heston                                                                                  
                                                                                                                                
as a member of the Board of Chiropractic Examiners.                                                                             
                                                                                                                                

2008-04-07                     House Journal                      Page 2692
                              Mr. Robert J. Arts                                                                                
                                                                                                                                
as a member of the Board of Marine Pilots.                                                                                      
                                                                                                                                
                        The Very Rev. John Downing                                                                              
                                                                                                                                
as a member of the Board of Marital and Family Therapy.                                                                         
                                                                                                                                
                         Mr. James Montgomery, Jr.                                                                              
                            Mr. Timothy O. Sharp                                                                                
                                                                                                                                
as members of the Occupational Safety and Health Review Board.                                                                  
                                                                                                                                
                              Ms. Joyce Barnett                                                                                 
                             Dr. Julius S. Brecht                                                                               
                            Mr. Gary W. Burleson                                                                                
                              Ms. Kathleen Lind                                                                                 
                                                                                                                                
as members of the State Physical Therapy and Occupational Therapy                                                               
Board.                                                                                                                          
                                                                                                                                
                        Mr. James R. "Randy" Morton                                                                             
                                                                                                                                
as a member of the Board of Professional Counselors.                                                                            
                                                                                                                                
                       Ms. Camille O. "Cam" Carlson                                                                             
                            Dr. John R. DeRuyter                                                                                
                              Ms. Lisa C. Turner                                                                                
                                                                                                                                
as members of the Board of Psychologist and Psychological Associate                                                             
Examiners.                                                                                                                      
                                                                                                                                
                           Ms. Christina E. Swires                                                                              
                                                                                                                                
as a member of the Real Estate Commission.                                                                                      
                                                                                                                                
                        Mr. Robert M. "Bob" Pickett                                                                             
                                                                                                                                
as a member of the Regulatory Commission of Alaska (RCA).                                                                       
                                                                                                                                

2008-04-07                     House Journal                      Page 2693
                           Dr. Timothy L. Bowser                                                                                
                             Mr. Martin Buser                                                                                  
                                                                                                                                
as members of the Board of Veterinary Examiners.                                                                                
                                                                                                                                
                            Mr. David Richards                                                                                 
                                                                                                                                
as a member of the Workers' Compensation Appeals Commission.                                                                    
                                                                                                                                
                               Mr. Don L. Gray                                                                                  
                           Mr. Howard A. Hansen                                                                                 
                               Mr. David Kester                                                                                 
                             Ms. Debra G. Norum                                                                                 
                             Mr. Michael J. Notar                                                                               
                             Mr. Jeffrey P. Pruss                                                                               
                           Mr. David B. Robinson                                                                                
                             Mr. Marc D. Stemp                                                                                  
                            Mr. Damian J. Thomas                                                                                
                                                                                                                                
as members of the Alaska Workers' Compensation Board.                                                                           
                                                                                                                                
The report was signed by Representative Olson, Chair; and                                                                       
Representatives Gardner, Buch, and Gatto.                                                                                       
                                                                                                                                
HB 106                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     HOUSE BILL NO. 106                                                                                                         
     "An Act repealing fees imposed on the sale of new tires, the sale                                                          
     of certain studded tires, and the installation of certain metal studs                                                      
     on tires; and providing for an effective date."                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 106(FIN)                                                                                             
      (same title)                                                                                                              
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                

2008-04-07                     House Journal                      Page 2694
Do pass (10):  Foster, Nelson, Crawford, Thomas, Gara, Stoltze,                                                                 
Hawker, Kelly, Meyer Chenault                                                                                                   
                                                                                                                                
No recommendation (1):  Joule                                                                                                   
                                                                                                                                
The following fiscal note(s) apply to CSHB 106(FIN):                                                                            
                                                                                                                                
2.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
HB 106 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 314                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     HOUSE BILL NO. 314                                                                                                         
     "An Act providing for and relating to the issuance of general                                                              
     obligation bonds for the purpose of paying the cost of state                                                               
     transportation projects; and providing for an effective date."                                                             
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 314(FIN)                                                                                             
      (same title)                                                                                                              
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (9):  Hawker, Foster, Nelson, Joule, Thomas, Stoltze, Kelly,                                                            
Meyer, Chenault                                                                                                                 
                                                                                                                                
No recommendation (2):  Crawford, Gara                                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 314(FIN):                                                                            
                                                                                                                                
1.  Fiscal, Office of the Governor                                                                                              
2.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
HB 314 is on today's first supplemental calendar.                                                                               
                                                                                                                                

2008-04-07                     House Journal                      Page 2695
HB 323                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 323                                                                                                         
     "An Act relating to the crimes of assault in the fourth degree and                                                         
     of resisting or interfering with arrest; relating to the determination                                                     
     of time of a conviction; relating to offenses concerning controlled                                                        
     substances; relating to issuance of search warrants; relating to                                                           
     persons found incompetent to stand trial concerning criminal                                                               
     conduct; relating to probation and to restitution for fish and game                                                        
     violations; relating to aggravating factors at sentencing; relating to                                                     
     criminal extradition authority of the governor; removing the                                                               
     statutory bar to prosecution of certain crimes; amending Rule                                                              
     37(b), Alaska Rules of Criminal Procedure, relating to execution                                                           
     of warrants; and providing for an effective date."                                                                         
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 323(JUD)                                                                                             
     "An Act relating to furnishing or delivering alcoholic beverages to                                                        
     persons under 21 years of age; relating to shipping, sending,                                                              
     transporting, or bringing alcohol to a local option area and                                                               
     providing alcohol to others in the local option area, including                                                            
     penalties for violations; relating to reports of alcohol violations by                                                     
     minors; relating to certain persons who lend money on                                                                      
     secondhand articles; relating to arson and criminally negligent                                                            
     burning; relating to defenses for the detention of persons                                                                 
     suspected of committing concealment of merchandise or theft;                                                               
     relating to controlled substances; relating to the determination of                                                        
     time of a conviction; relating to issuance of search warrants;                                                             
     relating to persons found incompetent to stand trial concerning                                                            
     criminal conduct; relating to probation for certain offenses;                                                              
     relating to restitution for fish and game violations; relating to                                                          
     aggravating factors at sentencing; relating to post-conviction relief                                                      
     proceedings; relating to criminal extradition authority of the                                                             
     governor; removing the statutory bar to prosecution of certain                                                             
     crimes; amending Rule 37(b), Alaska Rules of Criminal                                                                      
     Procedure, relating to execution of warrants, and Rule 35.1,                                                               
     Alaska Rules of Criminal Procedure; and providing for an                                                                   
     effective date."                                                                                                           
                                                                                                                                

2008-04-07                     House Journal                      Page 2696
The report was signed by Representative Ramras, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Gruenberg, Lynn, Dahlstrom, Samuels, Ramras                                                                       
                                                                                                                                
No recommendation (1):  Coghill                                                                                                 
                                                                                                                                
A House Judiciary Committee letter of intent for CSHB 323(JUD),                                                                 
signed by Representative Ramras, Chair, follows:                                                                                
                                                                                                                                
"Section 30 of this Act corrects a misunderstanding in the applicability                                                        
provision in ch. 24, section 36(c), SLA 2007.  This section addressed                                                           
the applicability of the newly adopted AS 12.72.025, which adopted a                                                            
one-year statute of limitation on applications for post-conviction relief                                                       
based on the claim that the applicant's attorney in his or her first                                                            
application for post-conviction relief was ineffective.  These                                                                  
applications are commonly called Grinols applications.                                                                          
                                                                                                                                
The purpose of AS 12.72.025 was to codify a statute of limitation with                                                          
respect to second applications for post-conviction relief.  Second                                                              
applications for post-conviction relief raising a claim that an                                                                 
applicant's counsel rendered ineffective assistance in the first                                                                
application were authorized by Grinols v. State, 10 P.3d 600 (Alaska                                                            
App. 2000), aff'd, 74 P.3d 889 (Alaska 2003).  Grinols also imposed a                                                         
requirement of "due diligence" in bringing second applications.  The                                                            
court in Grinols assumed, but expressly declined to decide, that the                                                            
existing statute-of-limitations in AS 12.72.020 applied in Grinols's                                                            
second application.                                                                                                             
                                                                                                                                
The purpose of AS 12.72.025 was to codify for second applications                                                               
the same one-year statute of limitation as now exists for first                                                                 
applications, and was not to expand it or overrule Grinols's due                                                                
diligence requirement.  But the applicability clause can be                                                                     
misinterpreted to mean that if an application was dismissed at any time                                                         
prior to July 1, 2007, then a second application will be permitted if                                                           
filed by July 1, 2008, regardless of how much time passed between the                                                           
first and second applications, or whether the applicant had exercised                                                           
due diligence in bringing it.  That interpretation is inconsistent with                                                         
the legislature's purpose in enacting AS 12.72.025 and inconsistent                                                             
with the court's holding in Grinols.                                                                                            
                                                                                                                                

2008-04-07                     House Journal                      Page 2697
Section 30 of this Act specifically corrects such a mistaken                                                                    
interpretation."                                                                                                                
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 323(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
2.  Zero, Dept. of Public Safety                                                                                                
5.  Indeterminate, Dept. of Corrections                                                                                         
6.  Fiscal, Dept. of Law                                                                                                        
7.  Zero, Dept. of Administration                                                                                               
8.  Zero, Dept. of Administration                                                                                               
                                                                                                                                
HB 323 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
SB 263                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     CS FOR SENATE BILL NO. 263(L&C)                                                                                            
     "An Act relating to the State Board of Registration for Architects,                                                        
     Engineers, and Land Surveyors; and relating to an exemption for                                                            
     persons authorized by the Department of Public Safety who are                                                              
     engaged in the design of fire detection and suppression systems                                                            
     from registration as architects, engineers, land surveyors, or                                                             
     landscape architects."                                                                                                     
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Gardner, Gatto, Buch, Neuman, Ramras, LeDoux, Olson                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
CSSB 263(L&C) was referred to the Rules Committee for placement                                                                 
on the calendar.                                                                                                                
                                                                                                                                

2008-04-07                     House Journal                      Page 2698
SB 285                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     CS FOR SENATE BILL NO. 285(FIN)                                                                                            
     "An Act relating to the power and duties of the Department of                                                              
     Education and Early Development for improving instructional                                                                
     practices in school districts; and providing for an effective date."                                                       
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 285(HES)                                                                               
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Meyer and Chenault, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Hawker, Nelson, Thomas, Meyer, Chenault                                                                           
                                                                                                                                
No recommendation (3):  Crawford, Stoltze, Gara                                                                                 
                                                                                                                                
The Committee adopted the Senate letter of intent (Senate Journal                                                               
pages 2261 and 2315).                                                                                                           
                                                                                                                                
The following fiscal note(s) apply to HCS CSSB 285(HES):                                                                        
                                                                                                                                
1.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
CSSB 285(FIN) was referred to the Rules Committee for placement on                                                              
the calendar.                                                                                                                   
                                                                                                                                
SB 305                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     SENATE BILL NO. 305                                                                                                        
     "An Act relating to recorking, sealing, or packaging of wine                                                               
     served with a meal and removal of recorked, sealed, or packaged                                                            
     wine from licensed premises."                                                                                              
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                

2008-04-07                     House Journal                      Page 2699
Do pass (5):  Neuman, Gatto, Ramras, LeDoux, Olson                                                                              
                                                                                                                                
No recommendation (2):  Gardner, Buch                                                                                           
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Zero, Dept. of Public Safety                                                                                                 
                                                                                                                                
SB 305 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:                                                                                        
                                                                                                                                
In Memoriam - Pete E. Payton                                                                                                    
By Representative Kawasaki                                                                                                      
                                                                                                                                
In Memoriam - William Anthony Joyce                                                                                             
By Representative Olson; Senator Wagoner                                                                                        
                                                                                                                                
In Memoriam - Melvin Allen Gamble, Kaa.ooshtí                                                                                   
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
In Memoriam - Sarah Wellington                                                                                                  
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
The following citation was introduced and taken up later as a Special                                                           
Order of Business:                                                                                                              
                                                                                                                                
               th                                                                                                               
Honoring - 70 Birthday of Senator Bettye Davis                                                                                  
By Representatives Cissna, Crawford                                                                                             
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 41                                                                                                                        
HOUSE JOINT RESOLUTION NO. 41 by the House Rules                                                                                
Committee:                                                                                                                      
                                                                                                                                

2008-04-07                     House Journal                      Page 2700
     Urging the United States Congress to repeal sec. 511 of P.L. 109-                                                          
      222 (Tax Increase Prevention and Reconciliation Act of 2005).                                                            
                                                                                                                                
was read the first time and referred to the Rules Committee.                                                                    
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 366                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     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."                                                                                                           
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 STA RPT 2DP 4NR                                                     2380                                                       
 FN1: ZERO(COR)                                                      2380                                                       
 FN2: ZERO(REV)                                                      2380                                                       
 FIN RPT 3DP 6NR                                                     2602                                                       
 FN2: ZERO(REV)                                                      2602                                                       
 FN3: ZERO(COR)                                                      2602                                                       
                                                                                                                                
Amendment No. 1 was offered  by Representatives Chenault and                                                                     
Crawford:                                                                                                                       
                                                                                                                                
Page 1, line 2, following "fund;" (title amendment):                                                                          
 Insert "relating to execution upon permanent fund dividends                                                                  
by civilian process servers using electronic procedures; amending                                                             
Rule 89, Alaska Rules of Civil Procedure;"                                                                                    
                                                                                                                                
Page 2, following line 8:                                                                                                       
 Insert new bill sections to read:                                                                                              
   "* Sec. 2. AS 43.23.065(a) is amended to read:                                                                             
      (a) Except as provided in (b) of this section, 20 percent of the                                                          
     annual permanent fund dividend payable to an individual is                                                                 
     exempt from levy, execution, garnishment, attachment, or any                                                               

2008-04-07                     House Journal                      Page 2701
     other remedy for the collection of debt. No other exemption                                                                
     applies to a dividend. Notwithstanding other laws, a writ of                                                               
     execution upon a dividend that has not been delivered to the                                                               
     debtor may be served on the commissioner by                                                                                
       (1) certified mail, return receipt requested; or                                                                 
       (2) a civilian process server licensed by the                                                                        
     commissioner of public safety using electronic execution                                                               
     procedures, as provided under regulations adopted by the                                                               
     department [. UPON RECEIPT OF A WRIT BY CERTIFIED                                                                      
     MAIL, RETURN RECEIPT REQUESTED, THE                                                                                        
     COMMISSIONER SHALL DELIVER THAT PORTION OF                                                                                 
     THE DIVIDEND EXECUTED UPON TO THE COURT                                                                                    
     ALONG WITH THE CASE NAME AND NUMBER].                                                                                      
   * Sec. 3. AS 43.23.065(d) is amended to read:                                                                              
      (d) An assignment of or levy, execution, garnishment,                                                                     
     attachment, or other remedy for the collection of debt applied to a                                                        
     dividend for a year may not be accepted by the department before                                                           
     April 1 of that same year. AS 09.38.080(c) and 09.38.085 do not                                                            
     apply to a levy on a permanent fund dividend. Upon receipt of a                                                        
     writ of execution under (a) of this section or another court                                                           
     order, the commissioner shall deliver to the court that portion                                                        
     of the dividend executed upon along with the case name and                                                             
     number. [THE DEPARTMENT SHALL INCLUDE THE CASE                                                                         
     NUMBER WITH A DIVIDEND OR PORTION OF A                                                                                     
     DIVIDEND TRANSMITTED TO THE COURT IN RESPONSE                                                                              
     TO A WRIT OF EXECUTION OR OTHER COURT ORDER.]                                                                              
     At the time payment is made to the court, the department shall                                                             
     send to the individual at the address provided in the individual's                                                         
     dividend application and to the court that issued the writ or order a                                                      
     notice that contains                                                                                                       
       (1) notification that all or part of the individual's dividend                                                           
     has been seized under a writ of execution or court order;                                                                  
       (2) the name and address of the court that issued the writ                                                               
     or order;                                                                                                                  
       (3) the case number for which the writ or order was                                                                      
     issued;                                                                                                                    
       (4) the amount seized under the writ or order; and                                                                       
       (5) notification that the individual has 30 days from the                                                                
     date the notice is mailed in which to file with the court an                                                               
     objection to the seizure if a mistake has been made.                                                                       

2008-04-07                     House Journal                      Page 2702
   * Sec. 4. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
 INDIRECT COURT RULE AMENDMENT. The provisions of                                                                               
secs. 2 and 3 of this Act have the effect of changing Rule 89, Alaska                                                           
Rules of Civil Procedure, by allowing a civilian process server                                                                 
licensed by the commissioner of public safety to execute upon an                                                                
Alaska Permanent Fund dividend by electronic means in accordance                                                                
with regulations adopted by the Department of Revenue.                                                                          
   * Sec. 5. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
 CONDITIONAL EFFECT. The amendments to AS 43.23.065                                                                             
made by secs. 2 and 3 of this Act take effect only if sec. 4 of this Act                                                        
receives the two-thirds majority vote of each house required by art. IV,                                                        
sec. 15, Constitution of the State of Alaska."                                                                                  
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 2, line 9:                                                                                                                 
 Delete "This Act"                                                                                                              
 Insert "Section 1 of this Act"                                                                                                 
                                                                                                                                
Page 2, following line 9:                                                                                                       
 Insert a new bill section to read:                                                                                             
   "* Sec. 7. If, under sec. 5 of this Act, secs. 2 and 3 of this Act take                                                    
effect, they take effect January 1, 2009."                                                                                      
                                                                                                                                
Representative Crawford moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted and the new title follows:                                                                          
                                                                                                                                
     HOUSE BILL NO. 366 am                                                                                                      
     "An Act relating to an exemption from public disclosure of certain                                                         
     appropriations from the dividend fund; relating to execution upon                                                          
     permanent fund dividends by civilian process servers using                                                                 
     electronic procedures; amending Rule 89, Alaska Rules of Civil                                                             
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                

2008-04-07                     House Journal                      Page 2703
Representative Samuels moved and asked unanimous consent that                                                                   
HB 366 am be considered engrossed, advanced to third reading, and                                                               
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 366 am was read the third time.                                                                                              
                                                                                                                                
The question being:  "Shall HB 366 am pass the House?"  The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
HB 366 am                                                                                                                       
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,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, LeDoux, Lynn, Meyer, Nelson, Neuman,                                                                
Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas                                                                  
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
Absent:  Kelly, Wilson                                                                                                          
                                                                                                                                
And so, HB 366 am passed the House.                                                                                             
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
court rule change.  There being no objection, it was so ordered.                                                                
                                                                                                                                
Representative Crawford gave notice of reconsideration of the vote on                                                           
HB 366 am.                                                                                                                      
                                                                                                                                
                             RECONSIDERATION                                                                                 
                                                                                                                                
HB 366                                                                                                                        
Representative Crawford moved and asked unanimous consent that                                                                  
reconsideration of HB 366 am be taken up on the same day.  There                                                                
being no objection, it was so ordered.                                                                                          
                                                                                                                                

2008-04-07                     House Journal                      Page 2704
HB 366 am was again before the House in third reading.                                                                          
                                                                                                                                
The question to be reconsidered:  "Shall HB 366 am pass the House?"                                                             
The roll was taken with the following result:                                                                                   
                                                                                                                                
HB 366 am--RECONSIDERATION                                                                                                      
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson,                                                                 
Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze,                                                                 
Thomas, Wilson                                                                                                                  
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, HB 366 am passed the House on reconsideration.                                                                          
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
court rule change.  There being no objection, it was so ordered.                                                                
                                                                                                                                
HB 366 am was referred to the Chief Clerk for engrossment.                                                                      
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                               (continued)                                                                                     
                                                                                                                                
                      SECOND READING OF SENATE BILLS                                                                         
                                                                                                                                
SB 211                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                

2008-04-07                     House Journal                      Page 2705
     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."                                                                
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 JUD RPT HCS(JUD) NT 2DP 3NR                                         2636                                                       
 FN1: ZERO(COR)                                                      2637                                                       
 FN2: ZERO(ADM)                                                      2637                                                       
 FN3: ZERO(ADM)                                                      2637                                                       
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     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."                                                           
                                                                                                                                
     (HCR 28 - title change resolution)                                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
HCS SB 211(JUD) be considered engrossed, advanced to third                                                                      
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
HCS SB 211(JUD) was read the third time.                                                                                        
                                                                                                                                
                                                                                                                                
The question being:  "Shall HCS SB 211(JUD) pass the House?"  The                                                               
roll was taken with the following result:                                                                                       
                                                                                                                                
HCS SB 211(JUD)                                                                                                                 
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                

2008-04-07                     House Journal                      Page 2706
Yeas:  Buch, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon,                                                                 
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holmes,                                                                    
Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Meyer, Nelson,                                                                
Ramras, Salmon, Seaton, Thomas                                                                                                  
                                                                                                                                
Nays:  Chenault, Coghill, Fairclough, Hawker, Johansen, Kelly,                                                                  
LeDoux, Neuman, Olson, Roses, Samuels, Stoltze, Wilson                                                                          
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, HCS SB 211(JUD) passed the House and was referred to the                                                                
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                                                                                                                                
                   SECOND READING OF HOUSE RESOLUTIONS                                                                       
                                                                                                                                
HCR 28                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 28                                                                                         
     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.                                                                          
                                                                                                                                
The question being:  "Shall HCR 28 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HCR 28                                                                                                                          
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  0   EXCUSED:  1   ABSENT:  4                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Kawasaki,                                                                
Keller, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Roses, Salmon,                                                               
Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                        
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
Absent:  Joule, Kerttula, Nelson, Ramras                                                                                        
                                                                                                                                

2008-04-07                     House Journal                      Page 2707
And so, HCR 28 passed the House and was referred to the Chief Clerk                                                             
for engrossment.                                                                                                                
                                                                                                                                
                 CONSIDERATION OF THE FIRST SUPPLEMENTAL                                                                     
                                 CALENDAR                                                                                    
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
House approve the following First Supplemental Calendar:                                                                        
                                                                                                                                
              HB 314 G.O. BONDS FOR TRANSPORTATION PROJECTS                                                                    
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 314                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 314                                                                                                         
     "An Act providing for and relating to the issuance of general                                                              
     obligation bonds for the purpose of paying the cost of state                                                               
     transportation projects; and providing for an effective date."                                                             
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 TRA RPT CS(TRA) 1DP 5NR                                             2545                                                       
 FN1: (GOV)                                                          2546                                                       
 FIN RPT CS(FIN) 9DP 2NR                                             2694                                                       
 FN1: (GOV)                                                          2694                                                       
 FN2: (REV)                                                          2694                                                       
                                                                                                                                
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. 314(FIN)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representative Chenault:                                                                         
                                                                                                                                

2008-04-07                     House Journal                      Page 2708
Page 2, line 27:                                                                                                                
 Delete "Pavement"                                                                                                              
                                                                                                                                
Representative Chenault moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted.                                                                                                    
                                                                                                                                
                                                                                                                                
Representative Samuels moved and asked unanimous consent that                                                                   
CSHB 314(FIN) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 314(FIN) am was read the third time.                                                                                       
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 314(FIN) am pass the House?"  The                                                              
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 314(FIN) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Crawford, Dahlstrom, Fairclough,                                                                 
Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                             
Keller, Kelly, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses,                                                               
Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                                                
                                                                                                                                
Nays:  Coghill, Doll, Doogan, Edgmon, Gara, Gardner, Guttenberg,                                                                
Kawasaki, Kerttula, LeDoux                                                                                                      
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, CSHB 314(FIN) am passed the House.                                                                                      
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                

2008-04-07                     House Journal                      Page 2709
Representative Coghill gave notice of reconsideration of the vote on                                                            
CSHB 314(FIN) am.                                                                                                               
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                               (continued)                                                                                     
                                                                                                                                
                          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 - Chugiak Girls Flag Football, 2007 Cook Inlet Conference                                                              
Champions                                                                                                                       
By Representatives Stoltze, Fairclough, Dahlstrom, Harris, Buch,                                                                
Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Edgmon, 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; Senators Huggins, Dyson                                                                                 
                                                                                                                                
In Memoriam - Delores "Dolly" Whaley                                                                                            
By Representatives Stoltze, Fairclough, Dahlstrom, Harris, Buch,                                                                
Chenault, Cissna, Coghill, Crawford, Doll, Doogan, Edgmon, Foster,                                                              
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; Senators Huggins, Dyson                                                                        
                                                                                                                                
                       CONCUR IN SENATE AMENDMENTS                                                                           
                                                                                                                                
HB 233                                                                                                                        
Representative Samuels moved and asked unanimous consent that the                                                               
House consider the Senate message (page 2688) on the following:                                                                 
                                                                                                                                
     CS FOR HOUSE BILL NO. 233(L&C)                                                                                             
     "An Act relating to giving notice of unclaimed net margin                                                                  
     distributions made by electric and telephone cooperatives."                                                                
                                                                                                                                
and                                                                                                                             
                                                                                                                                

2008-04-07                     House Journal                      Page 2710
     SENATE CS FOR CS FOR HOUSE BILL NO. 233(L&C)                                                                               
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Samuels moved that the House concur in the Senate                                                                
amendment to CSHB 233(L&C), thus adopting SCS CSHB
233(L&C), and recommended that the members vote yes.                                                                            
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 233(L&C)?"  The roll was taken with the                                                                       
following result:                                                                                                               
                                                                                                                                
SCS CSHB 233(L&C)                                                                                                               
Concur                                                                                                                          
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll,                                                              
Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg,                                                                    
Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson,                                                                 
Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze,                                                                 
Thomas, Wilson                                                                                                                  
                                                                                                                                
Excused:  Foster                                                                                                                
                                                                                                                                
And so, the House concurred in the Senate amendment, thus adopting                                                              
SCS CSHB 233(L&C).                                                                                                              
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
SCS CSHB 233(L&C) was referred to the Chief Clerk for enrollment.                                                               
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
notice and publication requirements be waived and the citation,                                                                 
                th                                                                                                              
Honoring - 70 Birthday of Senator Bettye Davis, be taken up as a                                                                
Special Order of Business.  There being no objection, it was so                                                                 
ordered.                                                                                                                        
                                                                                                                                

2008-04-07                     House Journal                      Page 2711
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:                                                                                    
                                                                                                                                
               th                                                                                                               
Honoring - 70 Birthday of Senator Bettye Davis                                                                                  
By Representatives Cissna, Crawford, Harris, Chenault, Coghill,                                                                 
Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto,                                                              
Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule,                                                                
Kawasaki, Keller, Kelly, Kerttula, LeDoux, Lynn, Nelson, Neuman,                                                                
Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas,                                                                 
Wilson                                                                                                                          
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 366                                                                                                                        
Representatives Doll and Lynn added their names as cosponsors to:                                                               
                                                                                                                                
     HOUSE BILL NO. 366 am                                                                                                      
     "An Act relating to an exemption from public disclosure of certain                                                         
     appropriations from the dividend fund; relating to execution upon                                                          
     permanent fund dividends by civilian process servers using                                                                 
     electronic procedures; amending Rule 89, Alaska Rules of Civil                                                             
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
SCR 19                                                                                                                        
Representative Doll added her name as cross sponsor to:                                                                         
                                                                                                                                
     SPONSOR SUBSTITUTE FOR SENATE CONCURRENT                                                                                   
     RESOLUTION NO. 19                                                                                                          
     Relating to implementation of the recommendations of the                                                                   
     Governor's Summit on Early Learning.                                                                                       
                                                                                                                                
SB 124                                                                                                                        
Representative Doll added her name as cross sponsor to:                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 124(FIN)                                                                                            
     "An Act relating to unemployment contributions for the Alaska                                                              
     technical and vocational education program and to the allocation                                                           
     of money appropriated to the Alaska Workforce Investment                                                                   
     Board; and providing for an effective date."                                                                               
                                                                                                                                

2008-04-07                     House Journal                      Page 2712
SB 185                                                                                                                        
Representative Doll added her name as cross sponsor to:                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 185(STA)(title am)                                                                                  
     "An Act relating to the central registry of sex offenders and child                                                        
     kidnappers and to the registration requirements for sex offenders                                                          
     and child kidnappers; and providing for an effective date."                                                                
                                                                                                                                
SB 201                                                                                                                        
Representative Doll added her 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 202                                                                                                                        
Representative Doll added her name as cross sponsor to:                                                                         
                                                                                                                                
     SENATE BILL NO. 202                                                                                                        
     "An Act relating to expenditures in aid of or to implement the                                                             
     provisions of the federal Real ID Act."                                                                                    
                                                                                                                                
SB 211                                                                                                                        
Representative Doll added her name as first cross sponsor and                                                                   
Representatives Gruenberg and Gara added their names as cross                                                                   
sponsors to:                                                                                                                    
                                                                                                                                
     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."                                                           
                                                                                                                                
The cross sponsors are Representatives Doll, Kerttula, Gruenberg, and                                                           
Gara.                                                                                                                           
                                                                                                                                
SB 255                                                                                                                        
Representative Doll added her name as cross sponsor to:                                                                         
                                                                                                                                

2008-04-07                     House Journal                      Page 2713
     SENATE BILL NO. 255                                                                                                        
     "An Act relating to refunding of certain outstanding bonds issued                                                          
     by the Alaska Industrial Development and Export Authority                                                                  
     concerning the Snettisham hydroelectric project and related assets;                                                        
     and providing for an effective date."                                                                                      
                                                                                                                                
SB 263                                                                                                                        
Representative Buch added his name as cross sponsor to:                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 263(L&C)                                                                                            
     "An Act relating to the State Board of Registration for Architects,                                                        
     Engineers, and Land Surveyors; and relating to an exemption for                                                            
     persons authorized by the Department of Public Safety who are                                                              
     engaged in the design of fire detection and suppression systems                                                            
     from registration as architects, engineers, land surveyors, or                                                             
     landscape architects."                                                                                                     
                                                                                                                                
SB 289                                                                                                                        
Representative Doll 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                                                                                   
                                                                                                                                
HCR 28                                                                                                                        
HCR 28 was engrossed, signed by the Speaker and Chief Clerk and                                                                 
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
HB 366                                                                                                                        
HB 366 am was engrossed, signed by the Speaker and Chief Clerk and                                                              
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
SB 211                                                                                                                        
HCS SB 211(JUD) was engrossed, signed by the Speaker and Chief                                                                  
Clerk and transmitted to the Senate for consideration.                                                                          
                                                                                                                                

2008-04-07                     House Journal                      Page 2714
                        ENGROSSMENT AND ENROLLMENT                                                                           
                                                                                                                                
HR 8                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 10:08 a.m., April 7, 2008:                                                                        
                                                                                                                                
     HOUSE RESOLUTION NO. 8                                                                                                     
     Supporting the Kensington Gold Mine project; and commending                                                                
     the United States Forest Service for its environmental change                                                              
     analysis.                                                                                                                  
                                                                                                                                
     House Resolve No. 8                                                                                                        
                                                                                                                                
                              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 10:00 a.m., April 8, 2008.  There being no                                                                  
objection, the House adjourned at 5:48 p.m.                                                                                     
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk