Legislature(2005 - 2006)

2006-02-15 House Journal

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2006-02-15                     House Journal                      Page 2531
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday            February 15, 2006                             
                                                                                                    
                           Thirty-eighth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:25 a.m.                                                                                
                                                                                                    
Roll call showed 36 members present.  Representative Olson had been                                 
previously excused from a call of the House today.  Representative                                  
Kapsner was absent.                                                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Chenault and Holm 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 Bob                                        
Stevens of St. Brendan's Episcopal Church.  Representative Dahlstrom                                
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
    In the deepest respect for the religious beliefs of all Alaskans,                               
    I invite you into a time of prayer and reflection.                                              
                                                                                                    
    Let us pray.                                                                                    
                                                                                                    
    Creator, You have given us this beautiful place to live.  On                                    
    this gorgeous day I ask You to remember those that have                                         
    given this body authority to represent them - to make wise                                      
    decisions that take into account their needs. Bless this land                                   
    and its people.                                                                                 
                                                                                                    
    Bless the Representatives today and the decisions they are                                      
    about to make.  Help them to represent all people in the best                                   

2006-02-15                     House Journal                      Page 2532
    way that they can.  Bless their families that they have left                                    
    behind to do this important work.  As they come to the middle                                   
    of this week give them the energy to carry on the work we                                       
    have asked them to do.                                                                          
                                                                                                    
    We ask all these things in Your name.  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 36th and 37th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Seaton introduced Diana Hill, Guest Page, from                                       
Seward.                                                                                             
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated February 14, 2006, was read stating the Senate has                                  
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 260                                                                                            
SENATE BILL NO. 260 by Senator Seekins, entitled:                                                   
                                                                                                    
    "An Act extending the date by which the Task Force on Workers'                                  
    Compensation shall report its findings and the termination date of                              
    that task force; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    

2006-02-15                     House Journal                      Page 2533
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska State Legislature                                                                            
Joint Armed Services Committee                                                                      
Activities Report                                                                                   
February 2004 - January 2006                                                                        
(as required by AS 24.20.675)                                                                       
                                                                                                    
Dept. of Education & Early Development                                                              
Office of the Commissioner                                                                          
Annual Report on progress toward                                                                    
high academic performance by all students                                                           
(as required by AS 14.03.078 and 14.03.120)                                                         
                                                                                                    
                    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:                                                                          
                                                                                                    
                          Dennis "Skip" Cook                                                       
                                                                                                    
as a member of the Select Committee on Legislative Ethics.                                          
                                                                                                    
The report was signed by Representative McGuire, Chair; and                                         
Representatives Gara, Coghill, and Gruenberg.                                                       
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                            Lindsey Holmes                                                         
                         Herman G. Walker, Jr.                                                     
                                                                                                    
as members of the Select Committee on Legislative Ethics.                                           
                                                                                                    
The reports were signed by Representative McGuire, Chair; and                                       
Representatives Coghill, Gruenberg, and Anderson.                                                   
                                                                                                    

2006-02-15                     House Journal                      Page 2534
HB 331                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 331                                                                              
    "An Act relating to access by persons under 21 years of age to                                  
    premises licensed to sell alcoholic beverages as clubs."                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 331(L&C)                                                                  
    "An Act relating to access by persons under 21 years of age to                                  
    premises licensed to sell alcoholic beverages as clubs when                                     
    alcoholic beverages are not present and, when alcoholic beverages                               
    are present, to premises of a patriotic organization licensed as a                              
    club if the person possesses a valid active duty military or armed                              
    forces identification card issued by the United States                                          
    government."                                                                                    
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Stoltze, Kerttula, Hawker, Foster, Weyhrauch, Kelly,                                  
Holm, Meyer                                                                                         
                                                                                                    
No recommendation (1):  Joule                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 331(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
3.  Zero, House Finance Committee/Dept. of Public Safety                                            
                                                                                                    
HB 331 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 379                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 379                                                                              
    "An Act relating to controlled substances."                                                     
                                                                                                    

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and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 379(JUD)                                                                  
    "An Act relating to scheduling as a Schedule IA controlled                                      
    substance gamma-hydroxybutyric acid and certain similar                                         
    substances."                                                                                    
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (9):  Stoltze, Kerttula, Joule, Hawker, Weyhrauch, Moses,                                   
Holm, Foster, Meyer                                                                                 
                                                                                                    
No recommendation (1):  Kelly                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 379(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 379 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 382                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 382                                                                              
    "An Act relating to recorking, sealing, or packaging of wine                                    
    served with a meal and removal of recorked, sealed, or packaged                                 
    wine from licensed premises."                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Crawford, Lynn, Anderson                                                              
                                                                                                    
Amend (3):  Kott, LeDoux, Guttenberg                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    

2006-02-15                     House Journal                      Page 2536
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 382 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 408                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 408                                                                              
    "An Act relating to the definition of 'child abuse and neglect' for                             
   child protection purposes; and providing for an effective date."                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 408(HES)                                                                  
    "An Act relating to the definition of 'child abuse or neglect'; and                             
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gardner, Gatto, Wilson                                                                
                                                                                                    
No recommendation (2):  Anderson, Cissna                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 408(HES):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 408 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
The House Special Committee on Education has reviewed the                                           
qualifications of the following and recommends the appointments be                                  
forwarded to a joint session for consideration:                                                     
                                                                                                    
                                                                                                    

2006-02-15                     House Journal                      Page 2537
                            Mr. Craig Baker                                                        
                       Ms. Linda L. Gillam Black                                                   
                         Ms. Bonnie C. Gaborik                                                     
                                                                                                    
as members of the Professional Teaching Practices Commission.                                       
                                                                                                    
The reports were signed by Representative Neuman, Chair; and                                        
Representatives Lynn, Gatto, Wilson, Gara, and Thomas.                                              
                                                                                                    
HB 389                                                                                            
The House Special Committee on Economic Development, Trade, &                                       
Tourism has considered:                                                                             
                                                                                                    
    HOUSE BILL NO. 389                                                                              
    "An Act relating to tourist accommodations permits and to                                       
    penalties for failing to comply with permitting requirements;                                   
    removing a requirement that persons operating tourist                                           
    accommodations post certain laws and regulations on the                                         
    premises; and providing for an effective date."                                                 
                                                                                                    
The report was signed by Representatives Neuman and Ramras, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Coghill, Lynn, Crawford, Ramras                                                       
                                                                                                    
No recommendation (1):  Neuman                                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 389 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
HB 412                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 412                                                                              
    "An Act relating to the waiver of undergraduate expenses for a                                  
    spouse or dependent of a deceased resident peace officer or                                     
    member of the armed services or fire department."                                               

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The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gatto, Gara, Wilson, Thomas, Lynn, Neuman                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
2.  Fiscal, University of Alaska                                                                    
                                                                                                    
HB 412 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 416                                                                                            
The House Special Committee on Economic Development, Trade, &                                       
Tourism has considered:                                                                             
                                                                                                    
    HOUSE BILL NO. 416                                                                              
  "An Act relating to the amount of the state business license fee."                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 416(EDT)                                                                  
    "An Act relating to the amount of the state business license fee                                
    and to a penalty for not having a current business license."                                    
                                                                                                    
The report was signed by Representatives Ramras and Neuman, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Lynn, Crawford, Ramras                                                                
                                                                                                    
No recommendation (2):  Coghill, Neuman                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 416(EDT):                                                
                                                                                                    
1. Fiscal, Dept. of Commerce, Community, & Economic Development                                     
                                                                                                    
HB 416 was referred to the Labor & Commerce Committee.                                              
                                                                                                    

2006-02-15                     House Journal                      Page 2539
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
                                                                                                    
Honoring - The PITAAS Program at the University of Alaska                                           
Southeast                                                                                           
By Senator Kookesh                                                                                  
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 485                                                                                            
HOUSE BILL NO. 485 by the House Rules Committee by request,                                         
entitled:                                                                                           
                                                                                                    
    "An Act amending the State Personnel Act to place in the exempt                                 
    service pharmacists and physicians employed in the Department                                   
    of Health and Social Services or in the Department of Corrections                               
    and corporate income tax forensic auditors employed by the                                      
    division of the Department of Revenue principally responsible for                               
    the collection and enforcement of state taxes who specialize in                                 
    apportionment analysis and tax shelters of multistate corporate                                 
    taxpayers; and providing for an effective date."                                                
                                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  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:                             
                                                                                                    

2006-02-15                     House Journal                      Page 2540
Honoring - The Habitat Youth Wellness Group                                                         
By Representatives Joule, Harris, Anderson, Berkowitz, Cissna,                                      
Coghill, Crawford, Croft, 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                                                                                   
                                                                                                    
Honoring - Bethel High School Army JROTC, Master Sergeant                                           
Barbara A. Wright, National High School Drill Team Championship                                     
By Senator Hoffman; Representatives Kapsner, Harris, Anderson,                                      
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins,                                     
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                       
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
In Memoriam - David Keener                                                                          
By Representatives Coghill, Harris, Anderson, Berkowitz, Cissna,                                    
Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - David Lorin Fischer                                                                   
By Representatives Coghill, Harris, Anderson, Berkowitz, Cissna,                                    
Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 242                                                                                            
The Speaker waived the Judiciary Committee referral for the                                         
following at the request of Representative McGuire, Chair:                                          
                                                                                                    

2006-02-15                     House Journal                      Page 2541
    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 242 was removed from the Judiciary Committee and referred to                                     
the Finance Committee.                                                                              
                                                                                                    
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 Neuman - from 6:00 p.m., February 15 to 10:00 a.m.,                                  
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Gatto - from 1:00 p.m., February 16 to 10:00 p.m.,                                   
plane time, February 19, 2006                                                                       
                                                                                                    
Representative Rokeberg - from 6:00 p.m., February 16 to 10:00 a.m.,                                
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Elkins - from 6:00 a.m., February 17 to 2:00 p.m.,                                   
plane time, February 23, 2006                                                                       
                                                                                                    
Representative Salmon - from 7:00 a.m., February 17 to 10:00 a.m.,                                  
plane time, February 21, 2006                                                                       
                                                                                                    
HJR 32                                                                                            
Representative Kelly added his name as cosponsor to:                                                
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 32                                                                   
    Proposing an amendment to the section of the Constitution of the                                
    State of Alaska relating to marriage.                                                           
                                                                                                    

2006-02-15                     House Journal                      Page 2542
HB 41                                                                                             
Representative Gatto added his name as cosponsor to:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 41(FIN)                                                                   
    "An Act relating to minimum periods of imprisonment for the                                     
    crime of assault in the fourth degree committed against an                                      
    employee of an elementary, junior high, or secondary school or                                  
    certain contractors of school districts who were engaged in the                                 
    performance of school duties at the time of the assault."                                       
                                                                                                    
HB 326                                                                                            
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 326                                                                              
    "An Act relating to harassment."                                                                
                                                                                                    
                                                                                                    
HB 333                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 333                                                                              
    "An Act relating to the regulation and funding of pre-elementary                                
    schools; and establishing a supplemental income tax on oil to                                   
    support pre-elementary schools."                                                                
                                                                                                    
HB 334                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 334                                                                              
    "An Act relating to an exemption from and deferral of municipal                                 
    property taxes for certain types of deteriorated property."                                     
                                                                                                    
HB 357                                                                                            
Representatives Kerttula and Rokeberg added their names as                                          
cosponsors to:                                                                                      
                                                                                                    
    HOUSE BILL NO. 357                                                                              
    "An Act updating the terminology in statutes for persons with                                   
    disabilities; and providing for an effective date."                                             
                                                                                                    

2006-02-15                     House Journal                      Page 2543
HB 379                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 379                                                                              
    "An Act relating to controlled substances."                                                     
                                                                                                    
                                                                                                    
HB 387                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 387                                                                              
    "An Act providing for a partial tuition waiver for families of                                  
    members of the Alaska National Guard; and directing the                                         
    executive director of the Alaska Commission on Postsecondary                                    
    Education to seek additional funding to support tuition waivers."                               
                                                                                                    
                                                                                                    
HB 395                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 395                                                                              
    "An Act extending the period of the fire season."                                               
                                                                                                    
HB 399                                                                                            
Representative LeDoux added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 399                                                                              
    "An Act establishing the office of elder fraud and assistance; and                              
    relating to fraud involving older Alaskans."                                                    
                                                                                                    
                                                                                                    
HB 400                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 400                                                                              
    "An Act relating to disasters and confiscation of firearms."                                    
                                                                                                    
HB 412                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    

2006-02-15                     House Journal                      Page 2544
    HOUSE BILL NO. 412                                                                              
    "An Act relating to the waiver of undergraduate expenses for a                                  
    spouse or dependent of a deceased resident peace officer or                                     
    member of the armed services or fire department."                                               
                                                                                                    
HB 478                                                                                            
Representatives Wilson and LeDoux added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 478                                                                              
    "An Act relating to the municipal harbor facility grant program;                                
    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., February 17, 2006.  There being no                                  
objection, the House adjourned at 10:57 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk