Legislature(2005 - 2006)

2005-02-07 House Journal

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2005-02-07                     House Journal                      Page 0247
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                   Monday                February 7, 2005                           
                                                                                                    
                            Twenty-ninth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:01 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Croft,                                        
Kohring, Kott, and Weyhrauch had been previously excused from a                                     
call of the House today.  Representative Rokeberg was absent and his                                
presence was noted later.                                                                           
                                                                                                    
The invocation was offered by the Chaplain, Pastor Patrick Brayton of                               
the Valley Chapel.  Representative LeDoux moved and asked                                           
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Heavenly Father, I look to You and call for Your blessing and                                   
    presence to come down upon these, our representatives.  May                                     
    Your favor be strong toward the people of Alaska and may                                        
    Your spirit move through those in these chambers who labor                                      
    so faithfully for our well-being.  Please give them Your                                        
    wisdom for every dilemma and may they work together in                                          
    peace for the good of all.  Let this day's labor be fruitful and                                
    may we all experience the love and the joy that You alone can                                   
    give.  I pray for them in Jesus' name.  Amen.                                                   
                                                                                                    
The Pledge of Allegiance was led by Representative Gardner.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 26th, 27th, and 28th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            

2005-02-07                     House Journal                      Page 0248
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 97                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 97                                                                               
    "An Act relating to the authority to take oaths, affirmations, and                              
    acknowledgments in the state, to notarizations, to verifications, to                            
    acknowledgments, to fees for issuing certificates with the seal of                              
    the state affixed, and to notaries public; and providing for an                                 
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 97(STA)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Gatto, Elkins, Gruenberg, Ramras, Seaton                                        
                                                                                                    
No recommendation (1):  Gardner                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 97(STA):                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HB 97 was referred to the Judiciary Committee.                                                      
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 130                                                                                            
HOUSE BILL NO. 130 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
    "An Act granting certain state land to the University of Alaska and                             
    establishing the university research forest; and providing for an                               
    effective date."                                                                                
                                                                                                    

2005-02-07                     House Journal                      Page 0249
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Fiscal, Dept. of Law                                                                            
3.  Fiscal, Dept. of Natural Resources                                                              
4.  Fiscal, University of Alaska                                                                    
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 4, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under authority of art. III, sec. 18, of the Alaska Constitution, I am                              
transmitting a bill that would provide for the conveyance of                                        
approximately 260,000 acres of state land to the University of Alaska                               
(university), most of it over the next three years.                                                 
                                                                                                    
This bill is the product of more than a year of discussions between the                             
Department of Natural Resources (department) and the university.  Its                               
major goal is to supplant the more time-consuming and expensive                                     
features of legislation enacted in 2000 (ch. 136, SLA 2000).  Statutory                             
changes enacted in ch. 136, SLA 2000 provided for a ten-year process                                
during which the university would select up to 260,000 acres of state-                              
owned land to be conveyed to the university for the primary purpose                                 
of generating income for the university.  Unfortunately, that process                               
has proved difficult, expensive, time-consuming, and subject to                                     
litigation.  To date, no land has been conveyed to the university under                             
ch. 136, SLA 2000.                                                                                  
                                                                                                    
Over the course of the past year, the university and the department                                 
have reached an agreement on land that may be conveyed to the                                       
university without unreasonably conflicting with programs associated                                
with, and uses of, state land managed by the department.  The land is                               
identified in a document titled "University of Alaska Land Grant List                               
2005," dated January 12, 2005, a copy of which will be provided upon                                
request.  The bill I transmit today would provide legislative approval                              
for the conveyance of that land to the university, thereby avoiding                                 

2005-02-07                     House Journal                      Page 0250
unnecessary delay and expense, and expediting a highly significant                                  
source of income for the university.                                                                
                                                                                                    
The bill also would establish a university research forest on certain                               
land to be conveyed under the bill in 2055, or soon after that, that is                             
located mainly in the Tanana Valley State Forest.  The research forest                              
would be used to advance research into forest practices, ecology,                                   
wildlife management, and recreation.  Existing law authorizes the                                   
university to create a demonstration forest on land selected and                                    
conveyed under ch. 136, SLA 2000.  This bill would repeal and                                       
reenact that law to establish the research forest without requiring a                               
separate procedure.  Because the land designated as the university                                  
research forest would not be conveyed to the university until 2055, it                              
would be managed by the department until then under applicable state                                
land use and forest management plans, and other applicable state law.                               
While the research forest land is under department management, the                                  
department would be able to dispose of certain natural resources                                    
located on that land, so long as the disposal is consistent with the                                
purposes of the research forest and complies with other applicable law.                             
                                                                                                    
I urge your prompt and favorable action on this measure, which will                                 
provide for the cost-effective and timely conveyance of land to the                                 
university in order to ensure a very significant and additional source of                           
income for the support of public higher education in Alaska and to                                  
secure the benefits of a research forest.                                                           
                                                                                                    
                               Sincerely yours,                                                     
                               /s/                                                                  
                               Frank H. Murkowski                                                   
                                Governor"                                                          
                                                                                                    
                                                                                                    
                   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:                             
                                                                                                    

2005-02-07                     House Journal                      Page 0251
Honoring - Rayme L. Vinson                                                                          
By Representatives Harris, Kerttula, Anderson, Berkowitz, Chenault,                                 
Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gatto, Gruenberg,                                 
Guttenberg, Hawker, Holm, Joule, Kapsner, Kohring, LeDoux, Lynn,                                    
McGuire, Meyer, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze,                                    
Thomas, Wilson                                                                                      
                                                                                                    
Honoring - Lorene C. Harrison                                                                       
By Representatives Gara, Harris, Anderson, Berkowitz, Chenault,                                     
Cissna, Crawford, Croft, Dahlstrom, Elkins, Gatto, Gruenberg,                                       
Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                        
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Samuels, Seaton,                                     
Stoltze, Thomas, Wilson; Senator Ellis                                                              
                                                                                                    
Honoring - Jean Ward, 2004 Milken Family Foundation National                                        
Educator Award                                                                                      
By Senator Ellis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins,                                      
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, LeDoux, McGuire, Meyer, Neuman,                                         
Olson, Ramras Samuels, Seaton, Stoltze, Thomas, Wilson                                              
                                                                                                    
Honoring - The Fairbanks Aerie of the Fraternal Order of Eagles,                                    
Celebrating 100 Years of Dedication to the Community                                                
By Senator Wilken; Representatives Harris, Anderson, Berkowitz,                                     
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Samuels, Seaton, Stoltze, Thomas, Wilson                                                    
                                                                                                    
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
                                                                                                    
                           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:                                                    
                                                                                                    

2005-02-07                     House Journal                      Page 0252
Representative Olson - from 7:30 p.m., February 9 to 2:30 p.m., plane                               
time, February 13, 2005                                                                             
                                                                                                    
Representative LeDoux - from 7:30 p.m., February 10 to 9:30 p.m.,                                   
plane time, February 14, 2005                                                                       
                                                                                                    
Representative Gatto - from 7:30 p.m., February 10 to 9:30 p.m., plane                              
time, February 13, 2005                                                                             
                                                                                                    
Representative Rokeberg - from 7:30 p.m., February 10 to 9:30 a.m.,                                 
plane time, February 14, 2005                                                                       
                                                                                                    
Representative Elkins - from 7:00 a.m., February 11 to 10:00 p.m.,                                  
plane time, February 13, 2005                                                                       
                                                                                                    
Representative Neuman - from noon, February 11 to 9:30 a.m., plane                                  
time, February 14, 2005                                                                             
                                                                                                    
Representative Holm - from 6:00 p.m., February 11 to 9:30 a.m., plane                               
time, February 14, 2005                                                                             
                                                                                                    
Representative Gara - from 7:30 p.m., February 11 to 9:30 a.m., plane                               
time, February 14, 2005                                                                             
                                                                                                    
Representative Anderson - from 1:00 p.m., February 11 to 3:00 p.m.,                                 
plane time, February 15, 2005                                                                       
                                                                                                    
Representative Meyer - from 7:30 a.m., February 12 to 9:30 p.m.,                                    
plane time, February 13, 2005                                                                       
                                                                                                    
HB 117                                                                                            
The Speaker added a State Affairs Committee referral to precede the                                 
Judiciary Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 117                                                                              
    "An Act relating to the liability of the state and municipalities for                           
    attorney fees in certain civil actions and appeals; and providing for                           
    an effective date."                                                                             
                                                                                                    
HB 117 is in the Community & Regional Affairs Committee.                                            

2005-02-07                     House Journal                      Page 0253
HB 1                                                                                              
Representatives Lynn and Neuman added their names as cosponsors                                     
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 1                                                                                
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    
HB 15                                                                                             
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 15                                                                               
    "An Act relating to seasonal alcoholic beverage licenses; and                                   
    providing for an effective date."                                                               
                                                                                                    
HB 109                                                                                            
Representatives Anderson, LeDoux, Guttenberg, and Lynn added their                                  
names as cosponsors to:                                                                             
                                                                                                    
    HOUSE BILL NO. 109                                                                              
    "An Act relating to establishing a screening, tracking, and                                     
    intervention program related to the hearing ability of newborns                                 
    and infants; providing an exemption to licensure as an audiologist                              
    for certain persons performing hearing screening tests; relating to                             
    insurance coverage for newborn and infant hearing screening; and                                
    providing for an effective date."                                                               
                                                                                                    
HB 118                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 118                                                                              
    "An Act relating to an address confidentiality program for victims                              
    of stalking, domestic violence, or sexual assault."                                             
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2005-02-07                     House Journal                      Page 0254
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 9, 2005.  There being no                                   
objection, the House adjourned at 11:18 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk