Legislature(2005 - 2006)
2005-03-07 House Journal
Full Journal pdf2005-03-07 House Journal Page 0537 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday March 7, 2005 Fifty-seventh Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:08 a.m. Roll call showed 36 members present. Representatives Kohring, Olson, and Weyhrauch had been previously excused from a call of the House today. Representative Kott was absent and his presence was noted later. The invocation was offered by the Chaplain, Pastor Tim Frega of Auke Bay Bible Church. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Dear Heavenly Father: I am burdened to pray for the families of these men and women here today. I know that these families sacrifice much to have their spouses, dads, and moms serving in this capacity. Father, we know that children miss their parents. Hold these children in Your arms and may they feel love from You. Your Word says that Jesus has a tremendous love for children. Jesus, love these children so that they feel secure in this world that we live in. Give spouses the ability to communicate and the ability to love unconditionally. We know that this type of love is demonstrated in Jesus Christ. We know that Christ loved expecting nothing, and we know that He is our example in 2005-03-07 House Journal Page 0538 love. Therefore, may we seek a fresh relationship with Christ so that we may love and serve like Christ loves and serves! In Christ's name I pray, Amen. The Pledge of Allegiance was led by Representative Seaton. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 54th, 55th, and 56th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Rokeberg introduced the following House staff: Alex Grundman, Page Sam Weimer, Page MESSAGES FROM THE SENATE SB 14 A message dated March 4, 2005, was read stating the Senate has concurred in the House amendment to SB 14, thus adopting: HOUSE CS FOR SENATE BILL NO. 14(STA) "An Act relating to municipal initiative and referendum elections." REPORTS OF STANDING COMMITTEES HB 31 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." 2005-03-07 House Journal Page 0539 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Crawford, Lynn, Guttenberg, Anderson No recommendation (3): Kott, LeDoux, Rokeberg The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Indeterminate, Dept. of Administration SSHB 31 was referred to the Health, Education & Social Services Committee. HB 107 The Judiciary Committee has considered: HOUSE BILL NO. 107 "An Act providing for the award of full actual attorney fees and costs to a person aggrieved by unlawful obstruction or hindrance of hunting, fishing, or viewing of fish or game; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and amending Rule 508, Alaska Rules of Appellate Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 107(JUD) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Gruenberg, Anderson, McGuire No recommendation (3): Dahlstrom, Coghill, Gara 2005-03-07 House Journal Page 0540 The following fiscal note(s) apply to CSHB 107(JUD): 1. Zero, Dept. of Fish & Game 3. Zero, Dept. of Law HB 107 was referred to the Finance Committee. **The presence of Representative Kott was noted. HB 121 The State Affairs Committee has considered: HOUSE BILL NO. 121 "An Act relating to consolidating or abolishing certain service areas in second class boroughs." and recommends it be replaced with: CS FOR HOUSE BILL NO. 121(CRA) "An Act relating to consolidating or abolishing certain service areas in second class boroughs; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Lynn, Ramras, Gruenberg, Seaton No recommendation (1): Gatto The following fiscal note(s) apply to CSHB 121(CRA): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 121 was referred to the Rules Committee for placement on the calendar. 2005-03-07 House Journal Page 0541 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Charles Mohun Quarré By Senator Wagoner; Representatives Olson, Chenault In Memoriam - Rita Botelho By Senator Wagoner; Representatives Olson, Chenault In Memoriam - Ron Gibbens By Senator Wagoner; Representatives Olson, Chenault In Memoriam - Michelle Odom Maheras By Senator Wagoner; Representatives Olson, Chenault INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 205 HOUSE BILL NO. 205 by Representatives Ramras and McGuire, entitled: "An Act relating to review of proposed regulatory actions and regulations, fiscal effect of proposed regulatory actions, and suspension of regulations." was read the first time and referred to the Judiciary and Finance Committees. HB 206 HOUSE BILL NO. 206 by Representatives Salmon and Thomas, entitled: "An Act relating to online enticement of minors." was read the first time and referred to the Judiciary and Finance Committees. 2005-03-07 House Journal Page 0542 HB 207 HOUSE BILL NO. 207 by Representatives Salmon and Thomas, entitled: "An Act relating to dissemination of indecent material to minors." was read the first time and referred to the Judiciary and Finance Committees. HB 208 HOUSE BILL NO. 208 by Representative Guttenberg, entitled: "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain an Alaskan veterans' cemetery; and establishing the Alaska veterans' cemetery fund in the general fund." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs and Finance Committees. HB 209 HOUSE BILL NO. 209 by the House Rules Committee by request of the Governor, entitled: "An Act establishing the Aviation Advisory Board; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Transportation, and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities The Governor's transmittal letter dated March 4, 2005, follows: 2005-03-07 House Journal Page 0543 "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill establishing a permanent Aviation Advisory Board in statute. This bill would establish a permanent advisory board within the Department of Transportation and Public Facilities (DOTPF) to make recommendations to the commissioner of DOTPF with respect to that department's aviation functions. On January 15, 2003, I created a temporary interim Aviation Advisory Board by Administrative Order No. 204. I reestablished the temporary board through Administrative Order No. 215, dated June 25, 2004. This bill would make the board permanent. The permanent board would have the same composition as the current 10-member interim board, with representatives of various stakeholders in aviation matters. However, one additional board member would be added, to provide for an uneven number of members and thus avoid tie votes. The governor would appoint board members to staggered three- year terms. As is the case for members of the existing interim board, members would serve without compensation, other than coverage of travel and per diem expenses for members who are not state officers or employees. All members would serve at the pleasure of the governor. This bill would afford the commissioner of the DOTPF valuable input from the perspective of the aviation industry and the two largest airport hub communities regarding state aviation policy and management. It would ensure that those same stakeholders would have an ongoing opportunity to advise and make recommendations to the commissioner of DOTPF. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" 2005-03-07 House Journal Page 0544 HB 210 HOUSE BILL NO. 210 by Representative McGuire, entitled: "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." was read the first time and referred to the Judiciary and Finance Committees. HB 211 HOUSE BILL NO. 211 by Representative Kelly, entitled: "An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists." 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 124 The following, which was on the March 2, 2005, calendar and returned to the Rules Committee (page 487), was read the second time: HOUSE BILL NO. 124 "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes." with the: Journal Page JUD RPT 3DP 2NR 409 FN1: ZERO(ADM) 409 FN2: ZERO(COR) 409 FN3: ZERO(LAW) 409 FN4: ZERO(DPS) 409 FIN REFERRAL WAIVED 436 2005-03-07 House Journal Page 0545 Amendment No.1 was offered by Representatives Croft and Anderson: Page 2, line 14, following "reasonable force": Insert: "when necessary" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that HB 124 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 124 am was read the third time. The question being: "Shall HB 124 am pass the House?" The roll was taken with the following result: HB 124 am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kohring, Olson, Weyhrauch And so, HB 124 am passed the House and 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: 2005-03-07 House Journal Page 0546 Representative Dahlstrom - from 7:00 p.m., March 7 to 10:00 p.m., plane time, March 13, 2005 Representative Croft - from 7:00 p.m., March 8 to 9:30 a.m., plane time, March 14, 2005 Representative Rokeberg - from 7:00 p.m., March 8 to 7:00 p.m., plane time, March 14, 2005 Representative Coghill - from 7:00 a.m., March 9 to 9:30 a.m., plane time, March 15, 2005 Representative Olson - from 7:00 a.m., March 9 to 10:00 p.m., plane time, March 13, 2005 Representative Holm - from 8:00 a.m., March 9 to 9:30 a.m., plane time, March 16, 2005 Representative Joule - from 9:00 a.m., March 9 to 9:00 p.m., plane time, March 16, 2005 SCR 2 The Speaker waived the State Affairs Committee referral for the following at the request of Representative Seaton, Chair: SENATE CONCURRENT RESOLUTION NO. 2 Proclaiming 2005 as Rotary International Year. SCR 2 was removed from the State Affairs Committee and referred to the Rules Committee for placement on the calendar. HB 199 The Speaker removed the State Affairs Committee referral for the following: HOUSE BILL NO. 199 "An Act excluding certain trucks from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." 2005-03-07 House Journal Page 0547 HB 199 is in the Transportation Committee with a further referral to the Finance Committee. HCR 2 Representatives Kapsner, Moses, Guttenberg, Joule, Kott, Gatto, Lynn, Cissna, Neuman, and Dahlstrom added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 2 Urging Governor Murkowski to take quick action to conduct, approve, or sanction a study of in-state natural gas needs and take- off points for intrastate use of natural gas transported in a North Slope natural gas pipeline. HB 31 Representative Croft added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." HB 124 Representatives Dahlstrom, Lynn, and LeDoux added their names as cosponsors to: HOUSE BILL NO. 124 am "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes." HB 149 Representative Gatto added his name as cosponsor to: HOUSE BILL NO. 149 "An Act relating to further regulation of the sale, possession, and delivery of certain chemicals and precursors used in the manufacture of methamphetamine." 2005-03-07 House Journal Page 0548 HB 175 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 175 "An Act relating to the creation of a civil legal services fund." ENGROSSMENT HB 124 HB 124 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. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 9, 2005. There being no objection, the House adjourned at 11:42 a.m. Suzi Lowell Chief Clerk