Legislature(2005 - 2006)
2006-02-06 House Journal
Full Journal pdf2006-02-06 House Journal Page 2435 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday February 6, 2006 Twenty-ninth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:11 a.m. Roll call showed 35 members present. Representatives Croft, Kohring, Moses, and Seaton had been excused from a call of the House today. Representative Coghill moved and asked unanimous consent that Representative Chenault be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Kathleen Wakefield of Church of the Holy Trinity. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. This prayer is taken from the Sacred Space website, which is produced by Irish Jesuits. Lord, I so wish to prepare well for this time. I so want to make all of me ready and attentive and available to you. Please help me to clarify and purify my intentions. I have so many contradictory desires. I get preoccupied with things that don't really matter or last. I know that if I give you my heart, whatever I do will follow my new heart. 2006-02-06 House Journal Page 2436 In all that I am today, all that I try to do, all my encounters, reflections - even the frustrations and failings and especially in this time of prayer, in all of this may I place my life in your hands. Lord, I am yours. Make of me what you will. Amen. The Pledge of Allegiance was led by Representative Dahlstrom. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 26th, 27th, and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following were received: Dept. of Administration Division of Risk Management Annual Report Fiscal Year 2006 http://www.state.ak.us/local/akpages/ADMIN/drm/pdf/FY06_Annual_ report_final.pdf (as required by AS 37.05.287) Dept. of Commerce, Community, & Economic Development Division of Insurance 67th Annual Report Calendar Year 2004, Fiscal Year 2005 (as required by AS 21.06.110) REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: 2006-02-06 House Journal Page 2437 Mr. James J. Fayette as a member of the Commission on Judicial Conduct. The report was signed by Representative McGuire, Chair; and Representatives Gara, Wilson, Kott, Gruenberg, and Anderson. The Judiciary Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Ms. Regina C. Chennault as a member of the Violent Crimes Compensation Board. The report was signed by Representative McGuire, Chair; and Representatives Gara, Wilson, Kott, and Gruenberg. HB 150 The Judiciary Committee has considered: HOUSE BILL NO. 150 "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 150(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Anderson, McGuire Do not pass (1): Wilson No recommendation (2): Gara, Gruenberg 2006-02-06 House Journal Page 2438 Amend (1): Kott The following fiscal note(s) apply to CSHB 150(JUD): 1. Fiscal, Dept. of Commerce, Community & Economic Development HB 150 was referred to the Finance Committee. HB 318 The Judiciary Committee has considered: HOUSE BILL NO. 318 "An Act limiting the exercise of eminent domain." and recommends it be replaced with: CS FOR HOUSE BILL NO. 318(JUD) "An Act limiting the exercise of eminent domain; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Wilson, Anderson, McGuire No recommendation (1): Gruenberg Amend (2): Gara, Kott The following fiscal note(s) apply to CSHB 318(JUD): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Environmental Conservation 3. Indeterminate, Dept. of Law 4. Indeterminate, Dept. of Natural Resources 5. Indeterminate, Dept. of Transportation & Public Facilities HB 318 was referred to the Finance Committee. 2006-02-06 House Journal Page 2439 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 30 HOUSE JOINT RESOLUTION NO. 30 by Representatives Cissna and Gruenberg: Relating to public health and a prevention compact. was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 425 HOUSE BILL NO. 425 by Representatives Salmon and Gruenberg, entitled: "An Act relating to offenses or juvenile delinquency acts involving the victim's race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national origin; relating to sentencing, informal adjustment, and adjudication for those offenses and acts; relating to diversity tolerance programs; relating to a civil cause of action for certain acts involving discriminatory harassment; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 426 HOUSE BILL NO. 426 by Representative Coghill, entitled: "An Act relating to medical assistance eligibility and coverage for persons under 21 years of age." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 2006-02-06 House Journal Page 2440 HB 427 HOUSE BILL NO. 427 by the House Rules Committee by request, entitled: "An Act relating to geographic cost-of-living adjustments applied to the salary of a justice of the supreme court or a judge of the superior or district court; and providing for an effective date." was read the first time and referred to the Finance Committee. The following fiscal note(s) apply: 1. Fiscal, Alaska Court System HB 428 HOUSE BILL NO. 428 by the House Rules Committee by request, entitled: "An Act relating to the compensation of justices and judges; and providing for an effective date." was read the first time and referred to the Finance Committee. The following fiscal note(s) apply: 1. Fiscal, Alaska Court System HB 429 HOUSE BILL NO. 429 by Representative Croft, entitled: "An Act reestablishing the Department of Community and Regional Affairs; relating to the Department of Commerce, Community, and Economic Development and to the membership of various boards and commissions; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Labor & Commerce, and Finance Committees. 2006-02-06 House Journal Page 2441 HB 430 HOUSE BILL NO. 430 by Representatives Gatto and Anderson, entitled: "An Act making an appropriation for the construction of the Palmer Senior Citizen Center; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 431 HOUSE BILL NO. 431 by Representative LeDoux, entitled: "An Act relating to sales of wine by a winery licensee." 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 175 The following was read the second time: HOUSE BILL NO. 175 "An Act relating to the creation of a civil legal services fund." with the: Journal Page JUD RPT CS(JUD) 5DP 1NR 564 FN1: ZERO(GOV) 565 FN2: ZERO(LAW) 565 FIN RPT CS(JUD) 6DP 2318 FN3: ZERO(LAW) 2318 FN4: ZERO(GOV/VARIOUS) 2318 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2006-02-06 House Journal Page 2442 CS FOR HOUSE BILL NO. 175(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gardner and McGuire: Page 1, line 4: Delete "(78)" Insert "(81)" Representative Gardner 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 CSHB 175(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 175(JUD) am was read the third time. The question being: "Shall CSHB 175(JUD) am pass the House?" The roll was taken with the following result: CSHB 175(JUD) am Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 5 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Kelly, Rokeberg 2006-02-06 House Journal Page 2443 Excused: Chenault, Croft, Kohring, Moses, Seaton And so, CSHB 175(JUD) am 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 - Kenai Central High School Football Team, 2005 Small- Schools State Champions By Representatives Olson, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Wagoner Honoring - Black History Month 2006, Celebrating Community: African American Fraternal Social and Civic Organizations By Senator Davis; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Phillip Kamkoff By Representatives Foster, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-02-06 House Journal Page 2444 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 Ramras - from 7:00 p.m., February 6 to 10:00 a.m., plane time, February 8, 2006 HJR 27 Representative Thomas added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 27 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. HJR 29 Representatives Kerttula, Berkowitz, Thomas, and LeDoux added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 29 Urging the United States Department of Justice and the Alaska Department of Law to identify all natural resource damages from the Exxon Valdez oil spill that were unanticipated at the time of the 1991 settlement, to develop plans to remedy the damages, and to present the ExxonMobil Corporation with a request for the full $100,000,000 that is available through the "Reopener for Unknown Injury" clause of the 1991 civil settlement to carry out these plans. HB 6 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 6 "An Act allowing peace officers with previous service as fish and wildlife enforcement officers in the Department of Public Safety 2006-02-06 House Journal Page 2445 to claim credit for service as peace officer service; and providing for an effective date." HB 7 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 7 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." HB 175 Representatives Gardner and Guttenberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 175(JUD) am "An Act relating to the creation of a civil legal services fund." HB 242 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 242 "An Act relating to the deposit of certain penalties collected under the unemployment insurance program; requiring an employing unit with a change in ownership, management, or control to notify the Department of Labor and Workforce Development of the ownership change; regarding the unemployment contribution rate of an employing unit; and defining 'business' for purposes of statutes setting unemployment contribution rates; establishing the crime of obtaining an unemployment rate by deception; and providing for an effective date." HB 379 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 379 "An Act relating to controlled substances." 2006-02-06 House Journal Page 2446 HB 399 Representatives Kerttula and Elkins added their names as cosponsors to: HOUSE BILL NO. 399 "An Act establishing the office of elder fraud and assistance; and relating to fraud involving older Alaskans." HB 413 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 413 "An Act relating to the burning capability of cigarettes being sold, offered for sale, or possessed for sale; and providing for an effective date." HB 416 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 416 "An Act relating to the amount of the state business license fee." HB 423 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 423 "An Act relating to the fees for business licenses; and providing for an effective date." ENGROSSMENT HB 175 CSHB 175(JUD) 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. 2006-02-06 House Journal Page 2447 Personal Bill Deadline 9:00 a.m., 2/13 Public Office Expense Term (POET) Account (as required by AS 15.13.116) due to APOC midnight, 2/15 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 8, 2006. There being no objection, the House adjourned at 11:59 a.m. Suzi Lowell Chief Clerk