Legislature(2005 - 2006)

2006-02-17 House Journal

Full Journal pdf

2006-02-17                     House Journal                      Page 2549
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                 TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday             February 17, 2006                          
                                                                                                    
                                Fortieth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:14 a.m.                                                                                
                                                                                                    
Roll call showed 31 members present.  Representatives Elkins, Gatto,                                
Neuman, Rokeberg, and Salmon had been previously excused from a                                     
call of the House today.  Representative Weyhrauch was absent.                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Berkowitz, Kapsner, and Wilson 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 McGuire                                  
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
     In deepest respect for the religious beliefs of each person here,                              
     I invite you into a time of prayer and reflection.                                             
                                                                                                    
     Let us pray.                                                                                   
                                                                                                    
     Creator, as this week comes to a close, we ask that You give                                   
     this House renewed energy to do the work in which they are                                     
     engaged.  Grant them wisdom to make sound decisions for the                                    
     people they represent.  Make them mindful of the needs of the                                  
     people of this state.                                                                          
                                                                                                    
     Help us to remember during times of differences that we are                                    
     more alike than different and that this great state belongs to all                             
     of us.                                                                                         

2006-02-17                     House Journal                      Page 2550
            We thank You for the beautiful weather that we have                                    
     experienced here this week.                                                                    
                                                                                                    
     We ask for travel mercies for those that may be going to see                                   
     loved ones this weekend and prayers for those families that                                    
     will be apart.  Bless these members, being mindful of the                                      
     sacrifices they make to do the work they were elected to do.                                   
                                                                                                    
     We ask all these things in Your name.  Amen.                                                   
                                                                                                    
The Pledge of Allegiance was led by Representative Gara.                                            
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 38th and 39th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 81                                                                                             
A message dated February 16, 2006, was received stating the President                               
has requested the following be returned:                                                            
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD)                                                    
     "An Act establishing an administrative fine and procedure for                                  
     construction contractors in certain circumstances; increasing the                              
     amount of a civil penalty for persons acting in the capacity of                                
     contractors or home inspectors; modifying the elements of a crime                              
     involving contractor registration and residential contractors;                                 
     modifying the exemptions from regulation under AS 08.18 for                                    
     contractors; and exempting the administrative hearings for                                     
     imposing an administrative fine on construction contractors from                               
     the hearings conducted by the office of administrative hearings in                             
     the Department of Administration."                                                             
                                                                                                    
CSHB 81(L&C) and SCS CSHB 81(JUD) were returned.                                                    
                                                                                                    

2006-02-17                     House Journal                      Page 2551
A message dated February 16, 2006, was read stating the Senate has                                  
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 209                                                                                            
CS FOR SENATE BILL NO. 209(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    
     "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."                                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointments be forwarded to a                                     
joint session for consideration:                                                                    
                                                                                                    
                              Mr. William Noll                                                     
                                                                                                    
as the Commissioner of the Department of Commerce, Community,                                       
and Economic Development.                                                                           
                                                                                                    
                       Mr. Billy (William) G. Andrews                                              
                             Ms. Gail M. Niemi                                                     
                                                                                                    
as members of the Alcoholic Beverage Control Board.                                                 
                                                                                                    
                            Mr. Charles A. Leet                                                    
                                                                                                    
as a member of the State Board of Registration for Architects,                                      
Engineers, and Land Surveyors.                                                                      

2006-02-17                     House Journal                      Page 2552
                            Mr. Timothy O. Sharp                                                   
                           Mr. Thomas A. Trosvig                                                   
                                                                                                    
as members of the Occupational Safety and Health Review Board.                                      
                                                                                                    
                            Mr. Steven Torrence                                                    
                                                                                                    
as a member of the Board of Veterinary Examiners.                                                   
                                                                                                    
                                                                                                    
The reports were signed by Representative Anderson, Chair; and                                      
Representatives Crawford, Lynn, and Rokeberg.                                                       
                                                                                                    
                                                                                                    
HJR 14                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 14                                                                  
     Urging the United States Congress to pass legislation to convey                                
     land to the University of Alaska.                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 14(RES)                                                      
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Seaton, Elkins, Samuels, Ramras                                                       
                                                                                                    
No recommendation (3):  Gatto, LeDoux, Crawford                                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHJR 14(RES):                                                
                                                                                                    
1.  Zero, House Special Committee on Education                                                      
                                                                                                    
HJR 14 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2006-02-17                     House Journal                      Page 2553
HB 238                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 238                                                                             
     "An Act relating to contribution rates for employers and members                               
     in the defined benefit plans of the teachers' retirement system and                            
     the public employees' retirement system and to the ad-hoc post-                                
     retirement pension adjustment in the teachers' retirement system;                              
     requiring insurance plans provided to members of the teachers'                                 
     retirement system, the judicial retirement system, the public                                  
     employees' retirement system, and the former elected public                                    
     officials retirement system to provide a list of preferred drugs;                              
     relating to defined contribution plans for members of the teachers'                            
     retirement system and the public employees' retirement system;                                 
     and providing for an effective date."                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 238(STA)                                                                 
     "An Act relating to establishing a past service cost offset account                            
     for required past service cost offset payments owed by employers                               
     other than the state to the public employees' pension fund; and                                
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Seaton                                                                                
                                                                                                    
No recommendation (5):  Gardner, Lynn, Gruenberg, Elkins, Ramras                                    
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 238(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 238 was referred to the Finance Committee.                                                       
                                                                                                    

2006-02-17                     House Journal                      Page 2554
HB 273                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 273                                                                             
     "An Act relating to the dividends of individuals claiming                                      
     allowable absences; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 273(FIN)                                                                 
     "An Act relating to the dividends of certain individuals claiming                              
     allowable absences; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Hawker, Weyhrauch                                                                     
                                                                                                    
No recommendation (3):  Stoltze, Moses, Meyer                                                       
                                                                                                    
Amend (2):  Kerttula, Joule                                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 273(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 273 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 300                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 300                                                                             
     "An Act relating to the qualifications of the member of the Alaska                             
     Oil and Gas Conservation Commission who need not be certified,                                 
     trained, or experienced in either the field of petroleum engineering                           
     or the field of petroleum geology."                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2006-02-17                     House Journal                      Page 2555
     CS FOR HOUSE BILL NO. 300(O&G)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Samuels, Ramras                                                                       
                                                                                                    
No recommendation (1):  Crawford                                                                    
                                                                                                    
Amend (4):  Gatto, Seaton, Elkins, LeDoux                                                           
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 300(O&G):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 300 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 324                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 324                                                                             
     "An Act banning the importation, transfer, and cultivation of                                  
     orange hawkweed and purple loosestrife."                                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 324(RES)                                                                 
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Gatto, Seaton, Elkins, Crawford, LeDoux, Samuels,                                     
Ramras                                                                                              
                                                                                                    

2006-02-17                     House Journal                      Page 2556
The following fiscal note(s) apply to CSHB 324(RES):                                                
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 324 was referred to the Finance Committee.                                                       
                                                                                                    
HB 338                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 338                                                                             
     "An Act relating to applications, qualifications, and criminal                                 
     history and background checks for a certificate of fitness for                                 
     explosives handlers; and providing for an effective date."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 338(L&C)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Crawford, Lynn, Anderson                                                              
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 338(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 338 was referred to the Finance Committee.                                                       
                                                                                                    
HB 347                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 347                                                                             
     "An Act relating to mandatory motor vehicle insurance, license                                 
     suspensions, and notices relating to motor vehicles and driver's                               
     licenses."                                                                                     
                                                                                                    

2006-02-17                     House Journal                      Page 2557
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 347(STA)                                                                 
     "An Act relating to mandatory motor vehicle insurance, license                                 
     suspensions, mandatory impoundments of vehicles used in certain                                
     offenses, and notices relating to motor vehicles and driver's                                  
     licenses."                                                                                     
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gardner, Gatto, Seaton                                                                
                                                                                                    
No recommendation (3):  Gruenberg, Elkins, Ramras                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 347(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Administration                                                                   
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 347 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 357                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 357                                                                             
     "An Act updating the terminology in statutes for persons with                                  
     disabilities; and providing for an effective date."                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 357(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Stoltze, Kerttula, Hawker, Foster, Meyer                                              
                                                                                                    

2006-02-17                     House Journal                      Page 2558
No recommendation (2):  Holm, Kelly                                                                 
                                                                                                    
Amend (1):  Weyhrauch                                                                               
                                                                                                    
A House Finance Committee letter of intent for CSHB 357(FIN),                                       
signed by Representative Meyer, Co-chair, follows:                                                  
                                                                                                    
"The legislature intends to modernize the terminology in statutes in                                
recognition of the ability of individuals with disabilities to contribute                           
to society and to the state.                                                                        
                                                                                                    
The legislature does not intend to alter in any manner the substantive                              
provisions of the statutes in which the terminology is changed under                                
this Act, including provisions relating to the Alaska Mental Health                                 
Trust, provisions defining who is a trust beneficiary arising under the                             
Alaska Mental Health Enabling Act of 1956, or provisions relating to                                
the mental health trust settlement in Weiss v. State, 4FA-82-2208                                   
Civil, under ch. 66, SLA 1991; chs. 5 and 6, FSSLA 1994; and chs. 1                                 
and 2, SSSLA 1994.                                                                                  
                                                                                                    
The legislature does not intend for the provisions in this Act to alter                             
the effect of any statute pertaining to compliance with federal law or                              
state law relating to access for individuals with disabilities or rights for                        
individuals with disabilities."                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 357(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 357 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 392                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 392                                                                             
     "An Act authorizing the establishment of regional solid waste                                  
     management authorities."                                                                       
                                                                                                    

2006-02-17                     House Journal                      Page 2559
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 392(CRA)                                                                 
     "An Act authorizing the establishment of regional solid waste                                  
     management authorities; relating to withdrawal from a port                                     
     authority by a municipality; and providing for an effective date."                             
                                                                                                    
The report was signed by Representatives Thomas and Olson, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Cissna, Kott, Thomas, Olson                                                           
                                                                                                    
No recommendation (2):  Salmon, Neuman                                                              
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 392(CRA):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Dept. of Commerce, Community, & Economic Development                                      
3.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 392 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                                                                                                    
HB 398                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 398                                                                             
     "An Act relating to disposition of revenue from certain charges                                
     collected on valuable mineral deposits on land belonging to the                                
     state and subject to location or lease for the extraction of natural                           
     resources under the Alaska Land Act, and to aid to municipalities                              
     to offset the anticipated effect of lessees' exploration or location                           
     activities on land made subject to extraction of valuable mineral                              
     deposits; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 398(CRA)                                                                 
     "An Act relating to disposition of revenue from certain charges                                
     collected on valuable mineral deposits on land belonging to the                                

2006-02-17                     House Journal                      Page 2560
     state and subject to location, license, lease, discovery, or the right                         
     to prospect for the extraction of natural resources under the Alaska                           
     Land Act, and to aid to municipalities to offset the anticipated                               
     effect of lessees' exploration or location activities on land made                             
     subject to extraction of valuable mineral deposits; and providing                              
     for an effective date."                                                                        
                                                                                                    
The report was signed by Representatives Thomas and Olson, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Salmon, Neuman, Cissna, Kott, Thomas, Olson                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 398(CRA):                                                
                                                                                                    
1. Zero, Dept. of Natural Resources                                                                 
2. Zero, Dept. of Revenue                                                                           
3. Fiscal, Dept. of Commerce, Community, & Economic Development                                     
                                                                                                    
HB 398 was referred to the Finance Committee.                                                       
                                                                                                    
HB 414                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 414                                                                             
     "An Act relating to allowing a parent or guardian of a minor to                                
     intercept the private communications of the minor and to consent                               
     to an order authorizing law enforcement to intercept the private                               
     communications of the minor."                                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 414(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gardner, Kohring, Seaton, Wilson                                                      
                                                                                                    
No recommendation (1):  Cissna                                                                      
                                                                                                    

2006-02-17                     House Journal                      Page 2561
Amend (2):  Anderson, Gatto                                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 414(HES):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HB 414 was referred to the Judiciary Committee.                                                     
                                                                                                    
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
HJR 25                                                                                            
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 25                                                                  
     Urging the United States Congress to enact the American Veterans                               
     Homeownership Act of 2005.                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 25(MLV)                                                      
     Urging the United States Congress to adopt the United States                                   
     House of Representatives version of the Tax Relief Extension                                   
     Reconciliation Act of 2005, including sec. 303.                                                
                                                                                                    
The report was signed by Representative Lynn, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gruenberg, Thomas, Cissna, Elkins, Dahlstrom, Lynn                                    
                                                                                                    
The following fiscal note(s) apply to CSHJR 25(MLV):                                                
                                                                                                    
1.  Zero, House Special Committee on Military & Veterans' Affairs                                   
                                                                                                    
HJR 25 was referred to the State Affairs Committee.                                                 
                                                                                                    
                                                                                                    
HB 387                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    

2006-02-17                     House Journal                      Page 2562
     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."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 387(EDU)                                                                 
     "An Act providing for a partial tuition waiver for families of                                 
     members of the Alaska National Guard; directing the Department                                 
     of Military and Veterans' Affairs to seek additional funding to                                
     support tuition waivers and assistance; and providing for free                                 
     hunting and fishing licenses for active members of the Alaska                                  
     National Guard."                                                                               
                                                                                                    
The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Thomas, Gatto, Wilson, Gara, Neuman                                             
                                                                                                    
No recommendation (1):  Salmon                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 387(EDU):                                                
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
2.  Zero, University of Alaska                                                                      
3.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
HB 387 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 420                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE BILL NO. 420                                                                             
     "An Act relating to riparian protection standards for forest                                   
       resources and practices; and providing for an effective date."                              
                                                                                                    

2006-02-17                     House Journal                      Page 2563
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 420(FSH)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Thomas and LeDoux, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Harris, Wilson, Elkins, Thomas, LeDoux                                                
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 420(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
                                                                                                    
HB 420 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
In Memoriam - Agnes Martha Thlunaut Bellinger                                                       
By Representatives Thomas, Kerttula                                                                 
                                                                                                    
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                            OF HOUSE RESOLUTIONS                                                 
                                                                                                    
HCR 33                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 33 by the House Rules                                               
Committee by request:                                                                               
                                                                                                    
     Relating to declaring March 2006 as Sobriety Awareness Month.                                  
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    

2006-02-17                     House Journal                      Page 2564
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 466                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 466 by                                                        
Representatives Gara, Berkowitz, Cissna, Crawford, Croft, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, and Salmon, entitled:                                         
                                                                                                    
     "An Act levying a net profits tax on the production of oil,                                    
     authorizing a tax credit for qualifying exploration costs associated                           
     with the exploration for and development of oil and for certain                                
     related qualifying losses, and repealing the currently levied                                  
     properties production (severance) tax as it applies to oil; and                                
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 486                                                                                            
HOUSE BILL NO. 486 by the House Judiciary Committee, entitled:                                      
                                                                                                    
     "An Act relating to the disqualification of judicial officers and                              
     jurors; relating to the rule of necessity; and amending Rules 42(c)                            
     and 47, Alaska Rules of Civil Procedure."                                                      
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 487                                                                                            
HOUSE BILL NO. 487 by the House Judiciary Committee, entitled:                                      
                                                                                                    
     "An Act relating to granting certain defendants an absolute right to                           
     change venue in civil actions; setting venue for civil actions based                           
     on conduct in the course and scope of employment at the                                        
     employer's principal place of business; allowing multiple                                      
     defendants to control venue by agreement; amending Rule 3,                                     
     Alaska Rules of Civil Procedure; and providing for an effective                                
     date."                                                                                         
                                                                                                    

2006-02-17                     House Journal                      Page 2565
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 208                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 208                                                                             
     "An Act authorizing the Department of Military and Veterans'                                   
     Affairs to establish and maintain an Alaskan veterans' cemetery;                               
     and establishing the Alaska veterans' cemetery fund in the general                             
     fund."                                                                                         
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 MLV RPT CS(MLV) NT 5DP                                                 800                         
 FN1: INDETERMINATE(MVA)                                                800                         
 STA RPT CS(MLV) NT 6DP                                                 963                         
 FN1: INDETERMINATE(MVA)                                                963                         
 FIN RPT CS(FIN) NT 7DP 1NR                                            1699                         
 FN1: INDETERMINATE(MVA)                                               1700                         
                                                                                                    
The Rules Committee submitted the following fiscal note:                                            
                                                                                                    
2.  Indeterminate, Dept. of Military & Veterans' Affairs                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 208(FIN)                                                                 
     "An Act authorizing the Department of Military and Veterans'                                   
     Affairs to establish and maintain Alaskan veterans' cemeteries;                                
     and establishing the Alaska veterans' cemetery fund in the general                             
     fund."                                                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2006-02-17                     House Journal                      Page 2566
Amendment No. 1 was offered  by Representative Guttenberg:                                           
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "2005"                                                                                      
 Insert "2006"                                                                                      
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Guttenberg,                                          
Dahlstrom, and Kott:                                                                                
                                                                                                    
Page 2, line 22:                                                                                    
 Delete "in Fairbanks and elsewhere"                                                                
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Coghill objected and withdrew the objection.  There                                  
being no further objection, Amendment No. 2 was adopted.                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 208(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
                                                                                                    
CSHB 208(FIN) am was read the third time.                                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 208(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 208(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  8   ABSENT:  1                                                   

2006-02-17                     House Journal                      Page 2567
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris,                                    
Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn,                                  
McGuire, Meyer, Moses, Olson, Ramras, Samuels, Seaton, Stoltze,                                     
Thomas                                                                                              
                                                                                                    
Excused:  Berkowitz, Elkins, Gatto, Kapsner, Neuman, Rokeberg,                                      
Salmon, Wilson                                                                                      
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 208(FIN) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 318                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 318                                                                             
     "An Act limiting the exercise of eminent domain."                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT CS(JUD) NT 3DP 1NR 2AM                                        2438                         
 FN1: ZERO(CED)                                                        2438                         
 FN2: ZERO(DEC)                                                        2438                         
 FN3: INDETERMINATE(LAW)                                               2438                         
 FN4: INDETERMINATE(DNR)                                               2438                         
 FN5: INDETERMINATE(DOT)                                               2438                         
 FIN RPT CS(FIN) NT 2DP 3NR 3AM                                        2485                         
 FN1: ZERO(CED)                                                        2485                         
 FN2: ZERO(DEC)                                                        2485                         
 FN3: INDETERMINATE(LAW)                                               2485                         
 FN4: INDETERMINATE(DNR)                                               2485                         
 FN5: INDETERMINATE(DOT)                                               2485                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 318(FIN)                                                                 
     "An Act limiting the exercise of eminent domain; and providing                                 
     for an effective date."                                                                        
                                                                                                    

2006-02-17                     House Journal                      Page 2568
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Holm:                                                 
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
 Delete "; and providing for an effective date"                                                   
                                                                                                    
Page 6, line 27:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered and the new title follows:                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 318(FIN) am                                                              
     "An Act limiting the exercise of eminent domain."                                              
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Gara and McGuire:                                    
                                                                                                    
Page 6, line 2, following "access to":                                                              
 Insert "or along"                                                                                  
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 11:                                                                                    
 Delete "two"                                                                                       
                                                                                                    
Page 1, line 11:                                                                                    
 Delete "situations"                                                                                
 Insert "situation"                                                                                 
                                                                                                    
Page 1, lines 14 - 15:                                                                              
 Delete all material.                                                                               
                                                                                                    

2006-02-17                     House Journal                      Page 2569
Page 2, line 11:                                                                                    
 Delete "and (e)"                                                                               
                                                                                                    
Page 4, lines 10 - 15:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 5, line 4 through Page 6, line 4:                                                              
 Delete all material.                                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 318(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  11   NAYS:  20   EXCUSED:  8   ABSENT:  1                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                           
Guttenberg, Joule, Kerttula, Moses, Seaton                                                          
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Harris,                                      
Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                          
Meyer, Olson, Ramras, Samuels, Stoltze, Thomas                                                      
                                                                                                    
Excused:  Berkowitz, Elkins, Gatto, Kapsner, Neuman, Rokeberg,                                      
Salmon, Wilson                                                                                      
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was not offered.                                                                    
                                                                                                    

2006-02-17                     House Journal                      Page 2570
Representative Coghill moved and asked unanimous consent that                                       
CSHB 318(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Representative Guttenberg objected and withdrew the objection.                                      
There being no further objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
CSHB 318(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 318(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 318(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  2   EXCUSED:  8   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Foster, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                
Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                       
Moses, Olson, Ramras, Samuels, Seaton, Stoltze, Thomas                                              
                                                                                                    
Nays:  Cissna, Gara                                                                                 
                                                                                                    
Excused:  Berkowitz, Elkins, Gatto, Kapsner, Neuman, Rokeberg,                                      
Salmon, Wilson                                                                                      
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 318(FIN) am passed the House.                                                          
                                                                                                    
Representative Guttenberg gave notice of reconsideration of the vote                                
on CSHB 318(FIN) am.                                                                                
                                                                                                    
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    

2006-02-17                     House Journal                      Page 2571
Honoring - The PITAAS Program at the University of Alaska                                           
Southeast                                                                                           
By Senator Kookesh; Representatives Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kerttula, Kott, LeDoux,                                 
Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Gardner - from 1:00 p.m., February 17 to 10:00 a.m.,                                 
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Thomas - from 1:00 p.m., February 17 to 10:00 a.m.,                                  
plane time, February 21, 2006                                                                       
                                                                                                    
                                                                                                    
Representative Crawford - from 5:00 p.m., February 17 to 10:00 a.m.,                                
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Holm - from 5:00 p.m., February 17 to 10:00 a.m.,                                    
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Ramras - from 5:00 p.m., February 17 to 10:00 a.m.,                                  
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Croft - from 5:00 p.m., February 17 to 10:00 p.m.,                                   
plane time, February 21, 2006                                                                       
                                                                                                    
Representative Kelly - from 7:00 a.m., February 18 to 10:00 p.m.,                                   
plane time, February 22, 2006                                                                       
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    

2006-02-17                     House Journal                      Page 2572
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HB 393                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 393                                                                             
     "An Act requiring that certain health care insurance plans provide                             
     coverage for the costs of colorectal cancer screening examinations                             
     and laboratory tests; and providing for an effective date."                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 393(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gardner, Cissna, Anderson, Gatto, Seaton, Wilson                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 393(HES):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
HB 393 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Agnes Martha Thlunaut Bellinger, 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 the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    

2006-02-17                     House Journal                      Page 2573
In Memoriam - Agnes Martha Thlunaut Bellinger                                                       
By Representatives Thomas, Kerttula, Harris, Anderson, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gardner,                                 
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kott, LeDoux, Lynn,                                     
McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton,                                     
Stoltze                                                                                             
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HJR 25                                                                                            
Representatives Dahlstrom and Lynn added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 25                                                                  
     Urging the United States Congress to enact the American Veterans                               
     Homeownership Act of 2005.                                                                     
                                                                                                    
HB 208                                                                                            
Representatives Kerttula, Olson, Seaton, Anderson, and Gara added                                   
their names as cosponsors to:                                                                       
                                                                                                    
     CS FOR HOUSE BILL NO. 208(FIN) am                                                              
     "An Act authorizing the Department of Military and Veterans'                                   
     Affairs to establish and maintain Alaskan veterans' cemeteries;                                
     and establishing the Alaska veterans' cemetery fund in the general                             
     fund."                                                                                         
                                                                                                    
HB 318                                                                                            
Representative Seaton added his name as cosponsor to:                                               
                                                                                                    
     CS FOR HOUSE BILL NO. 318(FIN) am                                                              
     "An Act limiting the exercise of eminent domain."                                              
                                                                                                    
HB 402                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 402                                                                             
     "An Act relating to marriage brokers and advertisers and to dating                             
     and social referral services."                                                                 
                                                                                                    

2006-02-17                     House Journal                      Page 2574
HB 465                                                                                            
Representatives Dahlstrom and Elkins added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 465                                                                             
     "An Act relating to marine safety and security; and providing for                              
     an effective date."                                                                            
                                                                                                    
SB 12                                                                                             
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     CS FOR SENATE BILL NO. 12(STA)                                                                 
     "An Act relating to financial relationships with persons                                       
     conducting business in or having headquarters in countries that                                
     support or ignore slavery and trafficking in persons."                                         
                                                                                                    
SB 209                                                                                            
Representative Stoltze added his name as cross sponsor to:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 209(JUD)                                                                
     "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."                                                                                   
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HB 208                                                                                            
CSHB 208(FIN) 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.                                 
                                                                                                    

2006-02-17                     House Journal                      Page 2575
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 1:00 p.m., February 21, 2006.  There being no                                   
objection, the House adjourned at 11:42 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk