Legislature(2005 - 2006)
2006-02-27 House Journal
Full Journal pdf2006-02-27 House Journal Page 2639 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday February 27, 2006 Fiftieth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:16 a.m. Roll call showed 35 members present. Representatives Cissna, Croft, and Gara had been previously excused from a call of the House today. Representative Coghill moved and asked unanimous consent that Representative Anderson be excused from a call of the House today. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that Representative McGuire be excused from a call of the House from today to noon, March 14, 2006. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Bishop Michael Warfel of the Cathedral of the Nativity. Representative LeDoux moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. As with most places in our world, Alaska is a state in which there are diverse religious beliefs and convictions. With sensitivity to these convictions, I invite you to pause for a brief time as I offer an opening prayer for this session of the House. In the rising of this day, O Gracious God, You have fashioned before us anew the wonder of Your creation: majestic mountains capped with brightly shining snow, cascading 2006-02-27 House Journal Page 2640 waters that spring in the sea, and lush green forests that cover the land; birds that fly in the heavens above, animals that teem on the earth below, and sea creatures that dwell in the ocean depths; women and men who fish the seas and who hunt and trap on the land; women and men who work in office places and oil fields, businesses, and schools; the children too - children who play on playgrounds and teach us much from their innocence. In the beauty of Your creation, You place before us an abundance of life - life that is always before us. Such life is a gift to be cared for and nurtured. I pray that these representatives will always strive to be good stewards of these precious gifts. I pray in Jesus' name. Amen. The Pledge of Allegiance was led by Representative Moses. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 47th, 48th, and 49th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR Letters dated February 23, 2006, were read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the boards noted: The Speaker referred the following to the Judiciary Committee: Board of Governors of the Alaska Bar Mr. William A. Granger - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2009 The Speaker referred the following to the Labor & Commerce Committee: Board of Barbers and Hairdressers Mr. Cody Downs - Anchorage Appointed: 2/20/2006 Term Expires: 3/1/2008 2006-02-27 House Journal Page 2641 Ms. Charlette Lushin - Fairbanks Reappointed: 2/20/2006 Term Expires: 3/1/2010 Ms. Alice B. Massie - Wasilla Reappointed: 2/20/2006 Term Expires: 3/1/2010 Board of Dental Examiners Dr. Kevin L. Gottlieb, DDS - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2010 Alaska Labor Relations Agency Mr. Dennis S. Niedermeyer - King Salmon Reappointed: 2/20/2006 Term Expires: 3/1/2009 Board of Marine Pilots Mr. Les (Leslie) A. Cronk - Ketchikan Reappointed: 2/20/2006 Term Expires: 3/1/2010 Board of Nursing Ms. JoAnne Bell-Graves - Juneau Reappointed: 2/20/2006 Term Expires: 3/1/2010 Ms. Catherine A. Giessel - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2010 Board of Certified Real Estate Appraisers Mr. William A. Larick - Anchorage Appointed: 1/23/2006 Reappointed: 3/1/2006 Term Expires: 3/10/2010 Alaska Workers' Compensation Board Mr. Robert S. Morigeau - Anchorage Appointed: 1/23/2006 Term Expires: 3/1/2008 Ms. Debra G. Norum - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 Mr. Jeffrey P. Pruss - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 2006-02-27 House Journal Page 2642 Mr. H. Bardie Scarbrough - Anchorage Appointed: 1/23/2006 Term Expires: 3/1/2007 Mr. Damian J. Thomas - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 Mr. Robert C. Weel - Anchorage Appointed: 1/23/2006 Reappointed: 3/1/2006 Term Expires: 3/1/2009 The Speaker referred the following to the State Affairs Committee: State Commission for Human Rights Mr. Randy H. Eledge - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2011 Personnel Board Mr. Alfred L. Tamagni, Sr. - Anchorage Appointed: 3/1/2006 Term Expires: 3/1/2012 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE SB 36 A message dated February 23, 2006, was read stating the Conference Committee considering the following did not come to agreement on: HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H "An Act relating to absentee ballots." and CS FOR SENATE BILL NO. 36(JUD) (same title) and respectfully requests that a Free Conference Committee be appointed. 2006-02-27 House Journal Page 2643 The President discharged the Conference Committee and appointed the following members to a Free Conference Committee to meet with a like committee from the House to consider the above bills: Senator Gary Stevens, Chair Senator Bunde Senator Hoffman REPORTS OF STANDING COMMITTEES HB 150 The Finance Committee has considered: HOUSE BILL NO. 150 "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 150(FIN) (same title) The report was signed by Representatives Chenault and Meyer, Co- chairs, with the following individual recommendations: Do pass (2): Foster, Chenault No recommendation (6): Hawker, Joule, Stoltze, Kerttula, Holm, Meyer Amend (1): Weyhrauch The following fiscal note(s) apply to CSHB 150(FIN): 2. Fiscal, Dept. of Commerce, Community, & Economic Development 2006-02-27 House Journal Page 2644 HB 150 was referred to the Rules Committee for placement on the calendar. HB 329 The Judiciary Committee has considered: HOUSE BILL NO. 329 "An Act relating to bail." and recommends it be replaced with: CS FOR HOUSE BILL NO. 329(JUD) "An Act relating to bail and unlawful evasion." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Coghill, Wilson, Gruenberg, McGuire The following fiscal note(s) apply to CSHB 329(JUD): 1. Zero, Alaska Court System HB 329 was referred to the Finance Committee. HB 441 The Judiciary Committee has considered: HOUSE BILL NO. 441 "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to mitigating factors in sentencing; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Anderson, Gruenberg, McGuire No recommendation (2): Coghill, Gara 2006-02-27 House Journal Page 2645 The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Alaska Court System 3. Zero, Dept. of Law HB 441 was referred to the Finance Committee. HB 446 The Judiciary Committee has considered: HOUSE BILL NO. 446 "An Act relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce." and recommends it be replaced with: CS FOR HOUSE BILL NO. 446(JUD) "An Act relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce; and eliminating mandatory continuances in these matters after issuance of an injunction." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Coghill, Anderson, Gruenberg, McGuire The following fiscal note(s) apply to CSHB 446(JUD): 1. Zero, Alaska Court System 2. Zero, Dept. of Law HB 446 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES SB 36 The Conference Committee considering: 2006-02-27 House Journal Page 2646 HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H "An Act relating to absentee ballots." and CS FOR SENATE BILL NO. 36(JUD) (same title) took no action on the bills and requests that a Free Conference Committee be appointed. The letter was signed by Representatives Holm, Gruenberg; and Senators Therriault (Chair), Huggins, Kookesh. The report is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Senator Scott Ogan By Representative Kohring Honoring - Palmer High School Varsity Football Team, State Champion Runner-up By Representative Kohring In Memoriam - Gary Henry Broderick By Representatives Weyhrauch, Kerttula; Senator Elton CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 245 The following was read the second time: 2006-02-27 House Journal Page 2647 HOUSE BILL NO. 245 "An Act relating to registration and license plate fees for Purple Heart recipients, prisoners of war, Congressional Medal of Honor recipients, and spouses of current prisoners of war." with the: Journal Page MLV RPT CS(MLV) NT 6DP 1078 FN1: (ADM) 1078 FIN RPT CS(FIN) NT 6DP 2NR 1AM 2483 FN2: (ADM) 2484 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. 245(FIN) "An Act relating to motor vehicle registration plates and fees for Purple Heart recipients and Congressional Medal of Honor recipients; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Lynn and Hawker: Page 1, line 2 (title amendment): Delete "Congressional" Page 1, line 7: Delete "Congressional" Page 1, line 12: Delete "Congressional" Following "Honor": Insert "awarded by the President of the United States in the name of the United States Congress" Page 1, line 13: Delete "Congressional" 2006-02-27 House Journal Page 2648 Page 1, line 14, following "Honor": Insert "awarded by the President of the United States in the name of the United States Congress" Page 2, line 14: Delete "Congressional" Following "Honor": Insert "awarded by the President of the United States in the name of the United States Congress" Representative Lynn 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. 245(FIN) am "An Act relating to motor vehicle registration plates and fees for Purple Heart recipients and Medal of Honor recipients; and providing for an effective date." Representative Coghill moved and asked unanimous consent that CSHB 245(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 245(FIN) am was read the third time. The question being: "Shall CSHB 245(FIN) am pass the House?" The roll was taken with the following result: CSHB 245(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-02-27 House Journal Page 2649 Excused: Anderson, Cissna, Croft, Gara, McGuire And so, CSHB 245(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 245(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 236 The following was read the second time: CS FOR SENATE BILL NO. 236(FIN) "An Act relating to subsidiary corporations of the Alaska Housing Finance Corporation and to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date." with the: Journal Page FIN RPT 5DP 3NR 1AM 2605 FN2: (REV) 2605 Representative Coghill moved and asked unanimous consent that CSSB 236(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 236(FIN) was read the third time. The question being: "Shall CSSB 236(FIN) pass the House?" The roll was taken with the following result: CSSB 236(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 2006-02-27 House Journal Page 2650 Yeas: Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Anderson, Cissna, Croft, Gara, McGuire Absent: Weyhrauch And so, CSSB 236(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on CSSB 236(FIN). THIRD READING OF HOUSE BILLS HB 382 The following, which was advanced to third reading from the February 24, 2006, calendar (page 2629), was read the third time: HOUSE BILL NO. 382 "An Act relating to recorking, sealing, or packaging of wine served with a meal and removal of recorked, sealed, or packaged wine from licensed premises." Representatives Ramras, Elkins, Rokeberg, and Berkowitz moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall HB 382 pass the House?" The roll was taken with the following result: HB 382 Third Reading Final Passage 2006-02-27 House Journal Page 2651 YEAS: 34 NAYS: 1 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Guttenberg Excused: Anderson, Cissna, Croft, Gara, McGuire And so, HB 382 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - James (Jim) C. Lund, 2006 University of Alaska School of Management Business Leader of the Year By Representatives Kelly, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Charles Ellis Jackson By Senators Ellis, Davis; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson UNFINISHED BUSINESS HB 403 The Speaker added a Finance Committee referral for the following: 2006-02-27 House Journal Page 2652 HOUSE BILL NO. 403 "An Act relating to registration and operation of neighborhood electric vehicles." HB 403 is in the Transportation Committee. HB 312 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Coghill: HOUSE BILL NO. 312 "An Act relating to pregnant women; requiring hospitals, schools, and alcohol licensees and permittees to distribute information about fetal alcohol effects and fetal alcohol syndrome; relating to the consumption of alcoholic beverages by and the sale or service of alcoholic beverages to a pregnant woman; requiring involuntary commitment of a pregnant woman who has consumed alcohol; creating a fund for the prevention and treatment of fetal alcohol syndrome and fetal alcohol effects; relating to fines and to the taking of permanent fund dividends for selling or serving alcoholic beverages to pregnant women; and increasing taxes on sales of alcoholic beverages to fund treatment and education related to fetal alcohol syndrome and fetal alcohol effects." HB 312 was removed from the Judiciary Committee and referred to the Finance Committee. CONCUR IN SENATE AMENDMENTS HB 217 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2620) on the following: HOUSE BILL NO. 217(title am) "An Act relating to the determination of full and true value of taxable municipal property for purposes of providing planning assistance to the Department of Education and Early Development and the legislature, calculating funding for education, calculating 2006-02-27 House Journal Page 2653 school district participating shares for school construction grants, and calculating tax resource equalization payments and excluding from that determination the value of property in certain areas detached from a municipality and the value of certain property involved with oil and gas that is not taxed by a municipality." and SENATE CS FOR HOUSE BILL NO. 217(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 217(title am), thus adopting SCS HB 217(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 217(title am)?" The roll was taken with the following result: SCS HB 217(FIN) Concur YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, Cissna, Croft, Gara, McGuire Absent: Kapsner, Kelly And so, the House concurred in the Senate amendment, thus adopting SCS HB 217(FIN). The Chief Clerk notified the Senate. SCS HB 217(FIN) was referred to the Chief Clerk for enrollment. 2006-02-27 House Journal Page 2654 UNFINISHED BUSINESS SB 36 The Speaker appointed the following members to a Free Conference Committee as requested (page 2645): Representative Rokeberg Representative Olson Representative Gardner to consider: HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H "An Act relating to absentee ballots." and CS FOR SENATE BILL NO. 36(JUD) (same title) The Conference Committee was automatically discharged when the Free Conference Committee was appointed. The Chief Clerk notified the Senate. The Senate members of the Free Conference Committee are Senator Gary Stevens, Chair; and Senators Bunde, Hoffman (page 2642). HB 399 The State Affairs Committee submitted the following forthcoming fiscal note to accompany their report (page 2459): 1. Zero, Dept. of Health & Social Services for HOUSE BILL NO. 399 "An Act establishing the office of elder fraud and assistance; and relating to fraud involving older Alaskans." 2006-02-27 House Journal Page 2655 HB 399 is in the Finance Committee. HJR 14 Representative Seaton added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 14 Urging the United States Congress to pass legislation to convey land to the University of Alaska. HJR 27 Representative Guttenberg added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 27 Urging the United States Congress to pass legislation amending the Alaska Native Vietnam Veterans Allotment Act to allow deserving veterans to obtain allotments of vacant land within the State of Alaska; and to reopen and legislatively approve allotments in the Tongass National Forest. HB 9 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 9 "An Act establishing the Hydrogen Energy Partnership in the Department of Commerce, Community, and Economic Development; requiring the commissioner of commerce, community, and economic development to seek public and private funding for the partnership; providing for the contingent repeal of an effective date; and providing for an effective date." HB 206 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 206 "An Act relating to online enticement of minors." HB 207 Representative Kerttula added her name as cosponsor to: 2006-02-27 House Journal Page 2656 HOUSE BILL NO. 207 "An Act relating to dissemination of indecent material to minors." HB 233 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 233 "An Act relating to preventing harassment, intimidation, or bullying in public schools; and providing for an effective date." HB 324 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 324 "An Act banning the importation, transfer, and cultivation of orange hawkweed and purple loosestrife." HB 332 Representative Kerttula added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 332 "An Act supporting parental involvement in schools through employment of parental involvement coordinators; establishing a supplemental income tax on oil revenue to support parental involvement in schools; and creating an account titled 'Resource Revenue for Kids' in the general fund." HB 391 Representative Neuman added his name as cosponsor to: HOUSE BILL NO. 391 "An Act relating to a limit on the amount by which the assessed value of property may be increased for purposes of municipal property taxation." HB 396 Representative Kerttula added her name as cosponsor to: 2006-02-27 House Journal Page 2657 HOUSE BILL NO. 396 "An Act establishing the Alaska Commission on Health Care; and providing for an effective date." SB 224 Representative Samuels added his name as cross sponsor to: SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day." ENGROSSMENT HB 245 CSHB 245(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 382 HB 382 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. The following meetings today have been changed as indicated: Resources Committee CHANGED TO: 12:45 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 1, 2006. There being no objection, the House adjourned at 12:18 p.m. Suzi Lowell Chief Clerk