Legislature(2005 - 2006)
2005-02-22 House Journal
Full Journal pdf2005-02-22 House Journal Page 0371 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday February 22, 2005 Forty-fourth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:06 a.m. Roll call showed 31 members present. Representatives Elkins, Joule, and Moses had been previously excused from a call of the House today. Representatives Berkowitz, Crawford, Guttenberg, and Kerttula were absent and their presence was noted later. Representative Croft was absent. Representative Coghill moved and asked unanimous consent that Representative Kott be excused from a call of the House from today to 10:00 p.m., plane time, February 27, 2005. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Major Larry Fankhauser of The Salvation Army. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Dear God: I lift up to You each representative gathered here this day. I would ask that as they serve this great state that they might do so with keen mind, clear conscience, and sweet spirit. Amen. The Pledge of Allegiance was led by Representative Samuels. 2005-02-22 House Journal Page 0372 CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 40th, 41st, 42nd, and 43rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 1 A message dated February 18, 2005, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to declaring March 2005 as Sobriety Awareness Month. HCR 1 was referred to the Chief Clerk for enrollment. A message dated February 18, 2005, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 2 SENATE CONCURRENT RESOLUTION NO. 2 by Senators Gary Stevens, Ellis, Green, Wagoner, Elton, Kookesh, Seekins, Huggins, Bunde, Therriault, Cowdery, Olson, and Stedman: Proclaiming 2005 as Rotary International Year. was read the first time and referred to the State Affairs Committee. **The presence of Representatives Kerttula, Berkowitz, and Guttenberg was noted. 2005-02-22 House Journal Page 0373 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 3 HOUSE CONCURRENT RESOLUTION NO. 3 by Representative Ramras: Relating to renewable energy resource development. was read the first time and referred to the Labor & Commerce and Resources Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 166 HOUSE BILL NO. 166 by the House Special Committee on Military and Veterans' Affairs, entitled: "An Act relating to a program to honor a deceased veteran's military service." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 167 HOUSE BILL NO. 167 by the House Special Committee on Military and Veterans' Affairs, entitled: "An Act relating to providing a death certificate for a deceased veteran without cost." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 168 HOUSE BILL NO. 168 by the House Special Committee on Military and Veterans' Affairs, entitled: 2005-02-22 House Journal Page 0374 "An Act relating to receipt of income by an Alaska Pioneers' Home or Alaska Veterans' Home resident." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 169 HOUSE BILL NO. 169 by Representative Rokeberg, entitled: "An Act relating to the educational requirements for certain real estate brokers, associate brokers, and salespersons with new or suspended licenses; and allowing real estate brokers to hire certain experts to review real estate transactions; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 46 The following was read the second time: HOUSE BILL NO. 46 "An Act permitting grants to certain regulated public utilities for water quality enhancement projects and water supply and wastewater systems." with the: Journal Page L&C RPT 4DP 2NR 183 FN1: ZERO(CED) 183 FN2: (DEC) 183 FIN RPT CS(FIN) NT 5DP 4NR 283 FN1: ZERO(CED) 283 FN3: ZERO(H.FIN/DEC) 283 2005-02-22 House Journal Page 0375 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 46(FIN) "An Act relating to grants to certain public utilities for water quality enhancement projects and water supply and wastewater systems." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 46(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 46(FIN) will advance to third reading on tomorrow's calendar. HB 102 The following was read the second time: HOUSE BILL NO. 102 "An Act relating to the licensure of foreign medical graduates; and providing for an effective date." with the: Journal Page L&C RPT 3DP 2NR 263 FN1: ZERO(CED) 263 FIN RPT 10DP 327 FN1: ZERO(CED) 327 **The presence of Representative Crawford was noted. Representative Coghill moved and asked unanimous consent that HB 102 be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. HB 102 will advance to third reading on tomorrow's calendar. 2005-02-22 House Journal Page 0376 SECOND READING OF SENATE RESOLUTIONS SJR 2 The following was read the second time: SENATE JOINT RESOLUTION NO. 2 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. with the: Journal Page RES RPT 8DP 352 FN1: ZERO(DNR) 352 The Speaker stated that, without objection, SJR 2 would be returned to the Rules Committee. 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 - Ronnie Stanford, North Slope Borough School District Teacher of the Year By Representatives Joule, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Kapsner, Kelly, Kerttula, Kohring, LeDoux, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - The Miller Family, Junior Achievement Alaska Business Hall of Fame By Representatives McGuire, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-02-22 House Journal Page 0377 Honoring - Richard Lowell, Junior Achievement Alaska Business Hall of Fame By Representatives McGuire, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Alvin H. Fleetwood, Junior Achievement Alaska Business Hall of Fame By Representatives McGuire, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Tennys Owens, Junior Achievement Alaska Business Hall of Fame By Representatives McGuire, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator French Honoring - The 2005 Wasilla High School Wrestling Team By Representatives Stoltze, Gatto, Kohring, Neuman, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, LeDoux, McGuire, Meyer, Olson, Rokeberg, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Huggins, Green Honoring - AWARE Women of Distinction 2005, Joy Lyon, Kimberly Metcalfe, Jeri Museth, and Laura Stats By Senator Elton; Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kohring, LeDoux, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson 2005-02-22 House Journal Page 0378 Honoring - Juneau-Douglas High School Girls Soccer Team, 2004 State Champions By Senator Elton; Representatives Weyhrauch, Kerttula, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kohring, LeDoux, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - The Crew of the F/V Big Valley By Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Gary Stevens In Memoriam - Betty Nelson By Senator Wagoner; Representatives Olson, Chenault, Harris, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, McGuire, Meyer, Neuman, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson RECONSIDERATION HB 15 Representative Gardner brought up reconsideration of the vote on CSHB 15(L&C) (page 334). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 15(L&C) "An Act relating to outdoor recreation lodge alcoholic beverage licenses; relating to transfer of certain beverage dispensary licenses issued before June 6, 1985; and providing for an effective date." Representative Gardner moved and asked unanimous consent that CSHB 15(L&C) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2005-02-22 House Journal Page 0379 Amendment No. 1 was offered by Representatives Gardner and Meyer: Page 1, line 10, following "of the lodge": Insert "for consumption on the licensed premises or in conjunction with guided outdoor recreation activities" Representative Gardner moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. Amendment No. 1 to Amendment No. 1 was offered by Representative Kelly: Delete "guided" Insert "guest" Representative Kelly moved and asked unanimous consent that Amendment No. 1 to Amendment No. 1 be adopted. Representative Gardner objected. Representative Kelly moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 1 was offered by Representative Gardner: Delete "guided" Insert "purchased" Following "activities": Insert "provided by the licensee" Representative Gardner moved and asked unanimous consent that Amendment No. 2 to Amendment No. 1 be adopted. There being no objection, it was so ordered. 2005-02-22 House Journal Page 0380 There being no further objection, Amendment No. 1 as amended was adopted. Representative Kerttula moved and asked unanimous consent that CSHB 15(L&C) am be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Rokeberg objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 2 was offered by Representative Kerttula: Page 2, line 31, following "AS 04.11.400(j)": Insert "if the transfer does not involve a change in location" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. The question to be reconsidered: "Shall CSHB 15(L&C) am pass the House?" The roll was taken with the following result: CSHB 15(L&C) am--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 4 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Elkins, Joule, Kott, Moses Absent: Anderson, Croft, Ramras And so, CSHB 15(L&C) am passed the House on reconsideration. 2005-02-22 House Journal Page 0381 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 15(L&C) am was referred to the Chief Clerk for engrossment. 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 Kapsner - from 8:00 a.m., February 24 to 1:00 p.m., plane time, February 25, 2005 Representative Dahlstrom - from 8:00 a.m., February 24 to 10:00 p.m., plane time, February 25, 2005 Representative Lynn - from 7:00 a.m., February 24 to 10:00 a.m., plane time, March 4, 2005 Representative Guttenberg - from 7:00 a.m., February 24 to 2:00 p.m., plane time, March 5, 2005 Representative Cissna - from 5:00 p.m., February 24 to 2:30 p.m., plane time, March 1, 2005 Representative Chenault - from 7:30 p.m., February 24 to 9:30 a.m., plane time, February 28, 2005 HB 48 Representative Lynn added his name as cosponsor to: HOUSE BILL NO. 48 "An Act relating to a determination of costs attributable to relocating the legislature or the state capital or of constructing a new capitol building in the present capital city, and to a determination of all costs of retaining the existing capitol building and keeping the state capital and legislature in the present capital city; relating to voter approval of certain bondable costs; and providing for an effective date." 2005-02-22 House Journal Page 0382 HB 109 Representative Kerttula added her name as cosponsor 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 111 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 111 "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons." HB 140 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 140 "An Act establishing a tuition waiver and voucher program for eligible students who were placed in foster care by the state; and providing for an effective date." HB 146 Representative LeDoux added her name as cosponsor to: HOUSE BILL NO. 146 "An Act relating to an extension for review and approval of revisions to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." HB 155 Representatives LeDoux, Hawker, and Harris added their names as cosponsors to: 2005-02-22 House Journal Page 0383 HOUSE BILL NO. 155 "An Act relating to youth courts and to the recommended use of criminal fines to fund the activities of youth courts; and relating to accounting for criminal fines." HB 160 Representative Neuman added his name as cosponsor to: HOUSE BILL NO. 160 "An Act limiting the use of money of the state and its political subdivisions to affect an election." SCR 2 Representatives Olson and McGuire added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 2 Proclaiming 2005 as Rotary International Year. ENGROSSMENT HB 15 CSHB 15(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Joint Session Chief Justice Bryner's address 11:00 a.m., 2/23 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 23, 2005. There being no objection, the House adjourned at 12:02 p.m. Suzi Lowell Chief Clerk