Legislature(2005 - 2006)

2005-01-19 House Journal

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2005-01-19                     House Journal                      Page 0099
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                  Wednesday              January 19, 2005                           
                                                                                                    
                                Tenth Day                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:05 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representative Crawford and                                   
Representative-elect Moses had been previously excused from a call                                  
of the House today.  Representatives Seaton and Croft were absent and                               
their presence was noted later.                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Cissna be excused from a call of the House today.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Dr. Sam Mathews of                                      
Family of Faith Church, Shawnee, Oklahoma.  Representative                                          
McGuire moved and asked unanimous consent that the invocation be                                    
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
     Father, today I thank You for life, freedom, and health.  I                                    
     thank You for each person involved in the government of                                        
     Alaska.  You have instructed us to pray for those in authority                                 
     so that the nations and cities may be blessed and live in peace                                
     and prosperity.  Today I invoke Your name, and I ask for                                       
     Your blessings, strength, wisdom, and purpose to be                                            
     established in this state.                                                                     
                                                                                                    
     We stand before You today as stewards.  We have inherited a                                    
     life and a history that demands decisions and actions because                                  
     of what others before us have done or not done.  We stand                                      
     today looking toward a future.  This future is still undefined                                 

2005-01-19                     House Journal                      Page 0100
     and demands that we handle decisions today that will mold                                      
     and emerge into experiences that will either bless or harm                                     
     others around us.  Touch our hearts and minds so that we will                                  
     live for the good of all mankind and make decisions that have                                  
     the maturity that takes what has been given to us and allows                                   
     it, as well as causes it, to become greater and better than when                               
     we received it.                                                                                
                                                                                                    
     We live in a great nation, and we ask that You would help us                                   
     make it an even greater nation.  The stewardship of the future                                 
     is in each of our hands, and we ask that wisdom would be                                       
     given to us so that the future would hold blessing, peace, and                                 
     prosperity for all.  I ask these things in the name of Jesus                                   
     Christ.  Amen.                                                                                 
                                                                                                    
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the ninth legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Kodiak High School Boys Baseball Team                                                    
By Senator Gary Stevens; Representative LeDoux                                                      
                                                                                                    
In Memoriam - Christine J. "Chris" Blackburn                                                        
By Senator Gary Stevens; Representative LeDoux                                                      
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - The American Red Cross of Alaska                                                         
By Representative Coghill                                                                           
                                                                                                    

2005-01-19                     House Journal                      Page 0101
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 6                                                                                             
HOUSE JOINT RESOLUTION NO. 6 by Representatives Kerttula                                            
and Gara:                                                                                           
                                                                                                    
     Relating to the labeling of fish products and processed food items                             
     containing fish to identify the country of origin and to distinguish                           
     between wild and farmed fish and fish products.                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 80                                                                                             
HOUSE BILL NO. 80 by Representative Berkowitz, entitled:                                            
                                                                                                    
     "An Act relating to listing certain anabolic steroids as controlled                            
     substances."                                                                                   
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 81                                                                                             
HOUSE BILL NO. 81 by Representative Anderson, entitled:                                             
                                                                                                    
     "An Act establishing an administrative fine and procedure for                                  
     construction contractors in certain circumstances; increasing the                              
     amount of a civil penalty for persons acting in the capacity of                                
     contractors or home inspectors; modifying the elements of a crime                              
     involving contractor registration and residential contractors; and                             
     exempting the administrative hearings for imposing an                                          
     administrative fine on construction contractors from the hearings                              
     conducted by the office of administrative hearings in the                                      
     Department of Administration."                                                                 
                                                                                                    

2005-01-19                     House Journal                      Page 0102
was read the first time and referred to the Labor & Commerce,                                       
Judiciary, and Finance Committees.                                                                  
                                                                                                    
HB 82                                                                                             
HOUSE BILL NO. 82 by Representatives Dahlstrom, Wilson, and                                         
Gara, entitled:                                                                                     
                                                                                                    
     "An Act extending the termination date of the Statewide Suicide                                
     Prevention Council; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 83                                                                                             
HOUSE BILL NO. 83 by Representatives LeDoux and Guttenberg,                                         
entitled:                                                                                           
                                                                                                    
     "An Act relating to the Alaska Seismic Hazards Safety                                          
     Commission."                                                                                   
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs and Finance                                      
Committees.                                                                                         
                                                                                                    
HB 84                                                                                             
HOUSE BILL NO. 84 by Representatives LeDoux and Guttenberg,                                         
entitled:                                                                                           
                                                                                                    
     "An Act extending the termination date for the Alaska Seismic                                  
     Hazards Safety Commission; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs and Finance                                      
Committees.                                                                                         
                                                                                                    
HB 85                                                                                             
HOUSE BILL NO. 85 by Representative Meyer, entitled:                                                
                                                                                                    
     "An Act relating to self-administration and documentation of                                   
     certain types of medication prescribed to a child attending school."                           
                                                                                                    

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was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 86                                                                                             
HOUSE BILL NO. 86 by Representatives Meyer and Kerttula,                                            
entitled:                                                                                           
                                                                                                    
     "An Act establishing in the office of the ombudsman a state                                    
     executive branch employee fraud, waste, and abuse report hotline                               
     program."                                                                                      
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 87                                                                                             
HOUSE BILL NO. 87 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to absentee voting by mail or electronic                                      
     transmission; relating to unlawful interference with an election;                              
     relating to election recounts; and providing for an effective date."                           
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Law                                                                              
                                                                                                    
The Governor's transmittal letter dated January 18, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to absentee voting by mail or electronic                               
transmission, to unlawful interference with an election, and to election                            
recounts.                                                                                           
                                                                                                    

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Sections 2, 3, and 5 of the bill are designated as the Absentee Voter                               
Protection Act of 2005.  Section 2 of the bill would amend AS                                       
15.20.081(a) to make it clear that a voter applying by mail or by                                   
electronic transmission for an absentee ballot must submit the                                      
application directly to the Division of Elections.  This would eliminate                            
the possibility of interest groups soliciting applications for absentee                             
ballots and selectively submitting applications to the division.  Section                           
3 of the bill would amend AS 15.20.081(b) to require that the Division                              
of Elections receive the application not less than ten days before the                              
election for which the absentee ballot is sought.  Presently, the statute                           
requires that applications be received not less than seven days before                              
the election.  The earlier deadline should provide more time for the                                
absentee ballot to reach the voter.                                                                 
                                                                                                    
Section 5 of the bill would amend AS 15.56.060 to include among the                                 
activities constituting unlawful interference with an election (a class C                           
felony) intentionally changing, attempting to change, or causing to be                              
changed, an absentee ballot application prepared by another person                                  
without authorization by the person.                                                                
                                                                                                    
This bill also would increase the amount of the deposit to be posted for                            
certain election recounts and would require certain recount applicants                              
to bear the entire cost of the recount.  See section 4 of the bill.                                 
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 88                                                                                             
HOUSE BILL NO. 88 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to certain weapons offenses involving minors; to                              
     aggravating factors in sentencing for certain offenses committed                               
     against a school employee; and providing for an effective date."                              
                                                                                                    

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was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
2.  Zero, Dept. of Law                                                                              
                                                                                                    
The Governor's transmittal letter dated January 18, 2005, follows:                                  
                                                                                                    
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill, the School Violence Prevention Act of 2005, that                               
addresses certain weapons violations by children and assault and other                              
crimes by adults in schools.  Violence by students and adults in                                    
schools is simply unacceptable.                                                                     
                                                                                                    
                                                                                                    
This bill would provide that minors who are 16 or 17 years old and                                  
commit certain felony misconduct involving weapons are                                              
automatically waived to adult court.  This will deter such potentially                              
lethal activity with a weapon by holding these minors accountable to                                
the same legal consequences adults face for this conduct.  When                                     
minors engage in a dispute and weapons are brought into the situation,                              
the negative effects are magnified for all involved.                                                
                                                                                                    
                                                                                                    
This bill also addresses violence by adults at school.  It would adopt an                           
aggravating factor in sentencing for those convicted of a crime against                             
a person, such as assault, on a school employee on school grounds or                                
at a school-sponsored event.                                                                        
                                                                                                    
                                                                                                    
The enactment of this legislation will send the message that Alaskans                               
will not tolerate violence in our schools, either by minors or adults.                              
All children and teachers in this state should have a safe environment                              
in which to work and learn.                                                                         
                                                                                                    

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I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 89                                                                                             
HOUSE BILL NO. 89 by Representative Kerttula, entitled:                                             
                                                                                                    
         "An Act relating to labeling and identification of genetically                             
         modified fish and fish products."                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Labor & Commerce Committees.                                        
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative Coghill 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 - Monique Barteaux, Mothers Against Drunk Driving Youth                                    
Activist of the Year                                                                                
By Representatives Weyhrauch, Kerttula, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Gara,                               
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                        
Olson, Neuman, Ramras, Salmon, Samuels, Seaton, Wilson; Senator                                     
Elton                                                                                               
                                                                                                    
In Memoriam - Madeleine Calkins Mirow Spears                                                        
By Representatives Foster, Harris, Anderson, Berkowitz, Chenault,                                   
Coghill, Croft, Dahlstrom, Elkins, Gara, Gatto, Gruenberg,                                          
Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring,                                 
Kott, LeDoux, McGuire, Meyer, Olson, Neuman, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Wilson                                                                     
                                                                                                    

2005-01-19                     House Journal                      Page 0107
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Weyhrauch - from 7:00 a.m., January 20 to 9:30 a.m.,                                 
plane time, January 24, 2005                                                                        
                                                                                                    
Representative Olson - from 11:00 a.m., January 20 to 9:30 p.m.,                                    
plane time, January 23, 2005                                                                        
                                                                                                    
Representative Rokeberg - from 7:30 p.m., January 20 to 9:30 a.m.,                                  
plane time, January 25, 2005                                                                        
                                                                                                    
Representative Croft - from noon, January 21 to 9:30 a.m., January 24,                              
2005                                                                                                
                                                                                                    
Representative Hawker - from 11:00 a.m., January 21 to 9:30 a.m.,                                   
plane time, January 24, 2005                                                                        
                                                                                                    
Representative Holm - from 6:00 p.m., January 21 to 9:30 a.m., plane                                
time, January 24, 2005                                                                              
                                                                                                    
Representative Samuels - from 7:00 p.m., January 21 to 10:00 p.m.,                                  
plane time, January 25, 2005                                                                        
                                                                                                    
**The presence of Representatives Seaton and Croft was noted.                                       
                                                                                                    
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - The American Red Cross of Alaska, be taken up as a                                       
Special Order of Business.                                                                          
                                                                                                    
Representative Stoltze objected and withdrew the objection.  There                                  
being no further objection, it was so ordered.                                                      
                                                                                                    

2005-01-19                     House Journal                      Page 0108
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - The American Red Cross of Alaska                                                         
By Representatives Coghill, Harris, Anderson, Berkowitz, Chenault,                                  
Cissna, Croft, Dahlstrom, Elkins, Gara, Gatto, Gruenberg, Guttenberg,                               
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson                                                  
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 16                                                                                             
Representative Neuman added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 16                                                                              
     "An Act relating to funding for school districts operating                                     
     secondary school boarding programs and to funding for school                                   
     districts from which boarding students come; and providing for an                              
     effective date."                                                                               
                                                                                                    
                                                                                                    
HB 75                                                                                             
Representative Ramras added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 75                                                                              
     "An Act relating to promoting and preserving sport hunting in the                              
     state."                                                                                        
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
Representative Samuels announced the following meeting:                                             
                                                                                                    
Legislative Budget & Audit Committee                8:00 a.m., January 21                           
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2005-01-19                     House Journal                      Page 0109
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., January 21, 2005.  There being no                                   
objection, the House adjourned at 10:25 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk