Legislature(2005 - 2006)

2006-01-18 House Journal

Full Journal pdf

2006-01-18                     House Journal                      Page 2301
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                  Wednesday               January 18, 2006                          
                                                                                                    
                                 Tenth Day                                                     
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:16 a.m.                                                                                
                                                                                                    
Roll call showed 32 members present.  Representatives Kohring and                                   
Wilson had been previously excused from a call of the House today.                                  
Representative Kott was absent and his presence was noted later.                                    
Representatives Samuels and Stoltze were absent.                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Foster and LeDoux be excused from a call of the                                     
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House today                                  
and his presence was noted later.                                                                   
                                                                                                    
The invocation was offered by the Chaplain, the Reverend George                                     
Silides of Holy Trinity Episcopal Church.  Representative McGuire                                   
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
     With the deepest respect for the religious traditions of each person                           
     here, I invite you into a time of prayerful reflection.                                        
                                                                                                    
     Creator, who has made the Earth to turn in its seasons and gives                               
     each as a gift to those who live upon it, teach us to wait with                                
     patience the due season of our own hopes and plans, and to value                               
     the time it takes to prepare well for the day of its coming.  Temper                           
     our best ambitions, born of our sense of right and duty and                                    

2006-01-18                     House Journal                      Page 2302
     purpose, with a tenderness and compassion for the ambitions of                                 
     others, whose own dreams are held with no less passion.  Help us                               
     who retain the wonderful anonymity of private citizenship to                                   
     remember and respect the difficulty of living lives whose stories                              
     are no longer their own, but public property-an enormous weight                                
     to bear.  To the gentle members of this House whose actions bear                               
     such consequence, grant a wisdom to know when delay is best and                                
     when swift action is the better course.  Upon the great complexity                             
     of numbers and budgets, of interest rates, and dollars per barrel,                             
     Lord, help us to put a human face. Watch over all our families, I                              
     pray, especially those who have given their loved ones to us for a                             
     season; and upon the staff who work to provide the critical                                    
     support and information so necessary for right choices to be made,                             
     I also ask your favor.  For all our sake.  Amen                                                
                                                                                                    
The Pledge of Allegiance was led by Representative Gatto.                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Weyhrauch be excused from a call of the House today.                                 
There being no objection, it was so ordered and Representative                                      
Weyhrauch left the Chamber.                                                                         
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the ninth legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HCR 13                                                                                            
A message dated January 17, 2006, was read stating the Senate has                                   
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(RES)                                                 
     Expressing the legislature's support for the construction of a                                 
     natural gas spur pipeline between Fairbanks and the Nenana Basin                               
     and Southcentral Alaska, commending the interest and initiative of                             
     the sponsors of that project, and encouraging the appropriate state                            
     resource agencies to lend support to those efforts.                                            

2006-01-18                     House Journal                      Page 2303
CSHCR 13(RES) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
In Memoriam - Chief Warrant Officer Four Chester William Troxel,                                    
Alaska Army National Guard                                                                          
By Representative Rokeberg; Senator Ben Stevens                                                     
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 27                                                                                            
HOUSE JOINT RESOLUTION NO. 27 by Representatives Coghill                                            
and Gruenberg:                                                                                      
                                                                                                    
     Urging the United States Congress to pass legislation amending                                 
     the Alaska Native Vietnam Veterans Allotment Act to allow                                      
     deserving veterans to obtain allotments of vacant land within the                              
     State of Alaska; and to reopen and legislatively approve                                       
     allotments in the Tongass National Forest.                                                     
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 51                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 51 by                                                         
Representatives Meyer, Holm, and Ramras, entitled:                                                  
                                                                                                    
     "An Act relating to modifying the qualifications required for                                  
     workers' compensation self-insurance and permitting employers in                               
     the same trade or industry to form an employer association for                                 
     self-insured workers' compensation coverage; and providing for                                 
     an effective date."                                                                            
                                                                                                    

2006-01-18                     House Journal                      Page 2304
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 377                                                                                            
HOUSE BILL NO. 377 by Representative Meyer, entitled:                                               
                                                                                                    
     "An Act relating to an exemption from certain registration and                                 
     practice requirements for persons preparing drawings or                                        
     specifications related to the construction of certain buildings."                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 378                                                                                            
HOUSE BILL NO. 378 by Representative Thomas, entitled:                                              
                                                                                                    
     "An Act designating a representative of Chilkat Snowburners, Inc.                              
     as an ex officio member of the Alaska Chilkat Bald Eagle                                       
     Preserve Advisory Council and removing the mayor of the City of                                
     Haines as an ex officio member of the council."                                                
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Resources Committees.                                                                   
                                                                                                    
HB 379                                                                                            
HOUSE BILL NO. 379 by Representative Meyer, entitled:                                               
                                                                                                    
     "An Act relating to controlled substances."                                                    
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 380                                                                                            
HOUSE BILL NO. 380 by Representative Meyer, entitled:                                               
                                                                                                    
     "An Act relating to the powers and duties of the commissioner of                               
     environmental conservation; relating to animals, animal products,                              
     agricultural products, and the transportation of animals and animal                            
     products; relating to the employment, appointment, and duties of a                             
     state veterinarian by the commissioner of environmental                                        

2006-01-18                     House Journal                      Page 2305
     conservation; relating to the powers of the commissioner of                                    
     natural resources regarding agricultural products; and providing                               
     for an effective date."                                                                        
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 381                                                                                            
HOUSE BILL NO. 381 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the financing of construction, major                                       
     maintenance, and renovation of facilities for the University of                                
     Alaska; relating to the financing of construction of a correctional                            
     facility; authorizing the commissioner of revenue to sell the right                            
     to receive a portion of the anticipated revenue from a tobacco                                 
     litigation settlement to the Northern Tobacco Securitization                                   
     Corporation, with the proceeds of that sale to finance construction,                           
     major maintenance, and renovation of facilities for the University                             
     of Alaska and to finance the construction of a correctional facility;                          
     providing for the establishment of funds for deposit of those                                  
     proceeds; authorizing the issuance of bonds by the Northern                                    
     Tobacco Securitization Corporation for the purpose of acquiring                                
     the right to receive a portion of anticipated revenue from a tobacco                           
     litigation settlement; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
The Governor's transmittal letter dated January 17, 2006, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to the financing of construction, major                                
maintenance, and renovation of facilities for the University of Alaska;                             
relating to the financing of construction of a correctional facility;                               

2006-01-18                     House Journal                      Page 2306
authorizing the commissioner of revenue to sell the right to receive a                              
portion of the anticipated revenue from a tobacco litigation settlement                             
to the Northern Tobacco Securitization Corporation, with the proceeds                               
of that sale to finance construction, major maintenance, and renovation                             
of facilities for the University of Alaska and to finance the                                       
construction of a correctional facility; providing for the establishment                            
of funds for deposit of those proceeds; and authorizing the issuance of                             
bonds by the Northern Tobacco Securitization Corporation for the                                    
purpose of acquiring the right to receive a portion of anticipated                                  
revenue from a tobacco litigation settlement.                                                       
                                                                                                    
This bill is quite similar to previous measures that securitized a total of                         
80 percent of the tobacco Master Settlement Agreement revenue                                       
stream.  See secs. 9 and 10, ch. 130, SLA 2000 and secs. 3 and 4, ch.                               
96, SLA 2001.  This bill would securitize the residual revenue stream                               
that reverts back to the general fund once the outstanding tobacco                                  
bonds authorized by the previous legislation are repaid.  In other                                  
words, that 80 percent of the revenue stream from the settlement of                                 
State of Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915                               
CI (Alaska Super. 1997) will remain securitized for a longer period.                                
The bill anticipates that the state will realize at least $89,250,000 in                            
proceeds, with a possibility that additional amounts would be raised.                               
The bill authorizes the proceeds to be spent on certain University of                               
Alaska capital projects, and on a prison in the Matanuska-Susitna                                   
Borough, subject to appropriation for those purposes.                                               
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                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:                             
                                                                                                    

2006-01-18                     House Journal                      Page 2307
Honoring - Henry Aristide "Red" Boucher, on His 85th Birthday                                       
By Representatives Stoltze, Foster, Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Thomas, Weyhrauch                                                                                   
                                                                                                    
Honoring - Southeast Alaska Marine Pilots' Association                                              
By Representatives Weyhrauch, Kerttula, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer,                                    
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                  
Thomas; Senator Elton                                                                               
                                                                                                    
Honoring - Chugiak High School Wrestling:  A Proud Tradition                                        
By Representatives Stoltze, Dahlstrom, Kott, Harris, Anderson,                                      
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, LeDoux, Lynn, McGuire, Meyer, Neuman,                                     
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas,                                           
Weyhrauch; Senators Huggins, Dyson                                                                  
                                                                                                    
Honoring - The Wainwright Search and Rescue Heroes                                                  
By Representatives Joule, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner,                                       
Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                        
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch                                                                                           
                                                                                                    
Honoring - Sally Donaldson, Alaska Counselor of the Year                                            
By Senator Elton; Representatives Kerttula, Weyhrauch, Harris,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, McGuire,                                         
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas                                                                                     
                                                                                                    

2006-01-18                     House Journal                      Page 2308
Honoring - Robert N. Jacobsen, Junior Achievement 2006 Laureate                                     
By Senator Elton; Representatives Kerttula, Weyhrauch, Harris,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire,                                   
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas                                                                                     
                                                                                                    
In Memoriam - Barbara T. Walker                                                                     
By Representatives Weyhrauch, Kerttula, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer,                                           
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                  
Thomas; Senator Elton                                                                               
                                                                                                    
In Memoriam - Marceline "Marcy" C. White                                                            
By Representatives Harris, Anderson, Berkowitz, Chenault, Cissna,                                   
Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                        
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch                                                                                           
                                                                                                    
                                                                                                    
                            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 Gatto - from 7:00 p.m., January 18 to 10:00 p.m., plane                              
time, January 22, 2006                                                                              
                                                                                                    
Representative Neuman - from 6:00 p.m., January 19 to 10:00 a.m.,                                   
plane time, January 23, 2006                                                                        
                                                                                                    
Representative Rokeberg - from 6:00 p.m., January 19 to 10:00 a.m.,                                 
plane time, January 23, 2006                                                                        
                                                                                                    

2006-01-18                     House Journal                      Page 2309
Representative Meyer - from 7:00 p.m., January 19 to noon, January                                  
21, 2006                                                                                            
                                                                                                    
Representative Cissna - from 7:00 p.m., January 19 to 10:00 p.m.,                                   
January 23, 2006                                                                                    
                                                                                                    
Representative Anderson - from January 19 to 7:00 p.m., plane time,                                 
January 23, 2006                                                                                    
                                                                                                    
Representative McGuire - from 7:00 p.m., January 19 to 7:00 p.m.,                                   
plane time, January 23, 2006                                                                        
                                                                                                    
Representative Chenault - from 7:00 a.m., January 20 to 10:00 a.m.,                                 
January 23, 2006                                                                                    
                                                                                                    
Representative Croft - from 7:00 a.m., January 20 to 10:00 a.m., plane                              
time, January 24, 2006                                                                              
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
**The presence of Representative Berkowitz, who was excused (page                                   
2301), was noted.                                                                                   
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Chief Warrant Officer Four Chester William Troxel,                                       
Alaska Army National Guard, be taken up as a Special Order of                                       
Business.  There being no objection, it was so ordered.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that all                                   
members of the House be shown as cosponsors of the citation.  There                                 
being no objection, it was so ordered.                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    

2006-01-18                     House Journal                      Page 2310
In Memoriam - Chief Warrant Officer Four Chester William Troxel,                                    
Alaska Army National Guard                                                                          
By Representatives Rokeberg, Harris, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton,                                       
Stoltze, Thomas, Weyhrauch, Wilson; Senator Ben Stevens                                             
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 175                                                                                            
Representatives Hawker and Kerttula added their names as cosponsors                                 
to:                                                                                                 
                                                                                                    
     HOUSE BILL NO. 175                                                                             
     "An Act relating to the creation of a civil legal services fund."                             
                                                                                                    
HB 67                                                                                             
Joint action was not taken on the following bill and the engrossed and                              
enrolled copies were returned to the Office of the Governor for                                     
permanent filing:                                                                                   
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 67(brf sup maj fld                                            
     H)                                                                                             
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
                               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., January 20, 2006.  There being no                                   
objection, the House adjourned at 10:50 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk