Legislature(2005 - 2006)

2005-03-03 House Journal

Full Journal pdf

2005-03-03                     House Journal                      Page 0499
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Thursday                March 3, 2005                             
                                                                                                    
                            Fifty-third Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:10 a.m.                                                                                
                                                                                                    
Roll call showed 34 members present.  Representatives Guttenberg                                    
and Lynn had been previously excused from a call of the House today.                                
Representatives Crawford, Croft, Gara, and Kott were absent and their                               
presence was noted later.                                                                           
                                                                                                    
The invocation was offered by the Chaplain, Pastor Robert Sherwood                                  
of the Church of the Nazarene.  Representative Meyer moved and                                      
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Let us pray.  Hear this quote by Ann Ulanov:                                                    
                                                                                                    
    "Grace begins and ends prayer.  Grace is what we call what is                                   
    left over after the scouring of the self, the dying into self.                                  
    Grace is what was there before we ever looked at ourselves in                                   
    prayer.  Grace gives us our initial impulse to pray.  Further,                                  
    grace sustains that beginning of our attentiveness, of our                                      
    assiduousness, or even our mere muddling along, and does so                                     
    when our prayers are blocked by self-judgment, met with no                                      
    apparent answers, seem to lead nowhere.  Some impulse,                                          
    some effort, some intuition, some hope keeps us praying,                                        
    despite failures, despite early successes that do not repeat                                    
    themselves.  That is grace, which we almost never recognize,                                    
    at first anyway, as itself.  But that is because grace comes to                                 
    us in the flesh, through the spaces and forms and contents of                                   
    our human life."                                                                                

2005-03-03                     House Journal                      Page 0500
    Now grant, Father, these men and women grace and wisdom                                         
    for this day, for this session, throughout their lives, in                                      
    permanence and power.  May this not simply be the great land                                    
    but might it be a great state through these Your servants.                                      
    With respect to other faiths and in the power of the                                            
    resurrected Christ.  Amen.                                                                      
                                                                                                    
The Pledge of Allegiance was led by Representative Gatto.                                           
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 52nd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Foster introduced Katie Kremer, Guest Page, from                                     
Nome.                                                                                               
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
SB 56                                                                                             
A message dated March 2, 2005, was read stating the President has                                   
granted limited powers of free conference to the Senate members of                                  
the Conference Committee considering:                                                               
                                                                                                    
           HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) am H                                        
    "An Act relating to criminal law and procedure, criminal                                        
    sentences, and probation and parole; and providing for an                                       
    effective date."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 56(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference as requested (page 480).                                                                 
                                                                                                    

2005-03-03                     House Journal                      Page 0501
A message dated March 2, 2005, was read stating the Senate has                                      
adopted the Conference Committee with limited powers of free                                        
conference report on HCS CSSB 56(FIN) am H and CSSB 56(JUD),                                        
thus adopting:                                                                                      
                                                                                                    
    CONFERENCE CS FOR SENATE BILL NO. 56                                                            
    "An Act relating to criminal law and procedure, criminal                                        
    sentences, and probation and parole; and providing for an                                       
    effective date."                                                                                
                                                                                                    
The House has adopted CCS SB 56 (page 481).                                                         
                                                                                                    
**The presence of Representatives Kott, Gara, and Croft was noted.                                  
                                                                                                    
A message dated March 2, 2005, was read stating the Senate has                                      
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 6                                                                                             
SENATE JOINT RESOLUTION NO. 6 by the Senate Finance                                                 
Committee:                                                                                          
                                                                                                    
    Relating to a reduction in the Federal Medical Assistance                                       
    Percentage for Alaskans, and urging the United States Congress to                               
    take action to prevent the reduction.                                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
**The presence of Representative Crawford was noted.                                                
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 36                                                                                             
CS FOR SENATE BILL NO. 36(JUD) by the Senate Judiciary                                              
Committee, entitled:                                                                                
                                                                                                    

2005-03-03                     House Journal                      Page 0502
    "An Act relating to absentee ballots."                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HCR 3                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 3                                                               
    Relating to renewable energy resource development.                                              
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Crawford, LeDoux, Anderson                                                            
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of Commerce,                                       
Community, & Economic Development                                                                   
                                                                                                    
HCR 3 was referred to the Resources Committee.                                                      
                                                                                                    
HB 132                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 132                                                                              
    "An Act relating to sentencing for certain crimes committed                                     
    against the elderly; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 132(JUD)                                                                  
    "An Act relating to certain crimes committed against the elderly;                               
    and providing for an effective date."                                                           
                                                                                                    

2005-03-03                     House Journal                      Page 0503
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gruenberg, Dahlstrom, Gara, McGuire                                                   
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 132(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
3.  Indeterminate, Dept. of Corrections                                                             
4.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 132 was referred to the Finance Committee.                                                       
                                                                                                    
HB 155                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    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."                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 155(JUD)                                                                  
    "An Act relating to funding for youth courts; and relating to                                   
    separately accounting for fines imposed on and collected from                                   
    defendants."                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Anderson, Dahlstrom, Gara, Gruenberg, McGuire                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 155(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    

2005-03-03                     House Journal                      Page 0504
HB 155 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 16                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
    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."                                                                                
                                                                                                    
The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Salmon, Wilson, Neuman                                                                
                                                                                                    
No recommendation (2):  Gatto, Thomas                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 16 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
HB 20                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20                                                        
    "An Act relating to a separate appropriation bill for operating                                 
    expenses for primary and secondary public education and                                         
    establishing a date by which the bill must be transmitted to the                                
    governor each year; relating to notice of nonretention for tenured                              
    teachers; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2005-03-03                     House Journal                      Page 0505
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    20(EDU)                                                                                         
    "An Act relating to a separate appropriation bill for operating                                 
    expenses for primary and secondary public education and                                         
    establishing a date by which the bill must be transmitted to the                                
    governor each year; and providing for an effective date."                                       
                                                                                                    
The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Wilson, Neuman                                                                        
                                                                                                    
No recommendation (3):  Salmon, Gatto, Thomas                                                       
                                                                                                    
The following fiscal note(s) apply to CSSSHB 20(EDU):                                               
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
SSHB 20 was referred to the Health, Education & Social Services                                     
Committee.                                                                                          
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Major General John M. Brown III                                                          
By Representative Dahlstrom                                                                         
                                                                                                    
In Memoriam - Edwin G. Church                                                                       
By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green,                                 
Huggins                                                                                             
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 194                                                                                            
HOUSE BILL NO. 194 by Representatives Gara and Berkowitz,                                           
entitled:                                                                                           
                                                                                                    
    "An Act prohibiting a public officer from taking official action                                
    regarding a matter in which the public officer has a significant                                

2005-03-03                     House Journal                      Page 0506
    financial interest; and defining 'official action' for purposes of the                          
    chapter generally referred to as the Executive Branch Ethics Act."                              
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 195                                                                                            
HOUSE BILL NO. 195 by Representative Elkins, entitled:                                              
                                                                                                    
    "An Act appropriating funds to reimburse municipalities for real                                
    property tax revenue lost due to the mandatory senior citizen and                               
    disabled veterans exemption."                                                                   
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
                                                                                                    
HB 196                                                                                            
HOUSE BILL NO. 196 by Representatives Ramras and Kapsner,                                           
entitled:                                                                                           
                                                                                                    
    "An Act relating to the alternative energy project loan program of                              
    the Alaska Industrial Development and Export Authority."                                        
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 197                                                                                            
HOUSE BILL NO. 197 by the House Special Committee on Oil and                                        
Gas, entitled:                                                                                      
                                                                                                    
    "An Act exempting certain natural gas exploration and production                                
    facilities from oil discharge prevention and contingency plans and                              
    proof of financial responsibility, and amending the powers and                                  
    duties of the Alaska Oil and Gas Conservation Commission with                                   
    respect to those plans; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    

2005-03-03                     House Journal                      Page 0507
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 14                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 14                                                                              
    "An Act relating to municipal initiative and referendum elections."                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 CRA RPT 4DP 1NR                                                    289                             
 FN1: ZERO(GOV)                                                     289                             
 FN2: ZERO(CED)                                                     289                             
 STA RPT HCS(STA) 5DP                                               388                             
 FN1: ZERO(GOV)                                                     388                             
 FN2: ZERO(CED)                                                     388                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 14(STA)                                                            
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HCS SB 14(STA) be considered engrossed, advanced to third reading,                                  
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS SB 14(STA) was read the third time.                                                             
                                                                                                    
The question being:  "Shall HCS SB 14(STA) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 14(STA)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2005-03-03                     House Journal                      Page 0508
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                               
LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                               
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Excused:  Guttenberg, Lynn                                                                          
                                                                                                    
And so, HCS SB 14(STA) passed the House and was referred to the                                     
Chief Clerk for engrossment.                                                                        
                                                                                                    
                         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 - Lynda Adams, Alaskan for Drug-Free Youth                                                 
By Senator Stedman; Representatives Elkins, Harris, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Gara, Gardner, Gatto, Gruenberg, Hawker, Holm, Joule, Kapsner,                                      
Kelly, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                     
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Grace Alice Johnson                                                                   
By Representatives Foster, Harris, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                  
Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Olson - from 7:00 p.m., March 3 to 10:00 p.m., plane                                 
time, March 8, 2005                                                                                 

2005-03-03                     House Journal                      Page 0509
HB 26                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 26                                                                               
    "An Act relating to short-term commercial fishing crewmember                                    
    licenses; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    
HB 103                                                                                            
Representatives Elkins and McGuire added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 103                                                                              
    "An Act requiring an actionable claim against the state to be tried                             
    without a jury."                                                                                
                                                                                                    
HB 132                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 132                                                                              
    "An Act relating to sentencing for certain crimes committed                                     
    against the elderly; and providing for an effective date."                                      
                                                                                                    
                                                                                                    
HB 162                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 162                                                                              
    "An Act relating to child care services; and providing for an                                   
    effective date."                                                                                
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
SB 14                                                                                             
HCS SB 14(STA) 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.                                 

2005-03-03                     House Journal                      Page 0510
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 4, 2005.  There being no                                      
objection, the House adjourned at 10:41 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk