Legislature(2005 - 2006)

2006-08-04 House Journal

Full Journal pdf

2006-08-04                     House Journal                      Page 4277
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            THIRD SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                      Friday                  August 4, 2006                        
                                                                                                    
                              Twenty-fourth Day                                                
                                                                                                    
                                                                                                    
                                                                                                    
The House was called to order by Speaker Harris at 2:10 p.m.                                        
                                                                                                    
Roll call showed 37 members present.  Representatives Croft and                                     
Olson were absent and their presence was noted later.                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Foster be excused from a call of the House to                                        
5:00 p.m., today.  There being no objection, it was so ordered.                                     
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Representative LeDoux.                                  
Representative Dahlstrom moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
     As a body, we all come from different faiths - so we do as a                                   
     nation and as a world.  But we all come humbled, recognizing                                   
     our brief time upon the earth, and share a common goal of                                      
     leaving this place better for our having been here.                                            
                                                                                                    
          Today we will consider legislation that may give us that                                 
          opportunity.  We seek the strength and wisdom of a higher                                
     power to accomplish this goal.  Amen.                                                          
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Moses.                                           
                                                                                                    

2006-08-04                     House Journal                      Page 4278
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 21st, 22nd, and 23rd legislative days of the Third                                  
Special Session be approved as certified by the Chief Clerk.  There                                 
being no objection, it was so ordered.                                                              
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
The following Governor's proclamation, dated August 3, 2006, was                                    
read:                                                                                               
                                                                                                    
"Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                       
Constitution, and in the public interest, I am supplementing my                                     
proclamations of June 26, 2006, and July 25, 2006, concerning the                                   
third special session of the Twenty-Fourth Legislature of the State of                              
Alaska, with the addition of the following subject:                                                 
                                                                                                    
Making appropriations from the Railbelt energy fund (AS 37.05.520)                                  
to facilitate electric generation and transmission projects and to                                  
facilitate providing for the economic dispatch of Railbelt electricity.                             
                                                                                                    
This proclamation supplements my proclamations of June 26, 2006,                                    
and July 25, 2006.                                                                                  
                                                                                                    
                                  Done by,                                                         
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
HB 393                                                                                            
A message dated August 3, 2006, was read stating the Governor has                                   
signed the following bill August 2 and is transmitting the engrossed                                
and enrolled copies to the Lieutenant Governor's office for permanent                               
filing:                                                                                             
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES)                                                   
     "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."                                    
                                                                                                    

2006-08-04                     House Journal                      Page 4279
     Chapter No. 97, SLA 2006                                                                       
     Effective Date:  January 1, 2007                                                               
                                                                                                    
**The presence of Representative Olson was noted.                                                   
                                                                                                    
                                                                                                    
HB 446                                                                                            
A message dated August 3, 2006, was read stating the Governor has                                   
signed the following bill August 2 and is transmitting the engrossed                                
and enrolled copies to the Lieutenant Governor's office for permanent                               
filing:                                                                                             
                                                                                                    
     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."                                                                    
                                                                                                    
     Chapter No. 98, SLA 2006                                                                       
     Effective Date:  October 31, 2006                                                              
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
A message dated August 3, 2006, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                                                                                                    
                         FIRST READING AND REFERENCE                                             
                               OF SENATE BILLS                                                   
                                                                                                    
SB 3005                                                                                           
CS FOR SENATE BILL NO. 3005(JUD) am by the Senate Judiciary                                         
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to contempt of court and to temporary detention                               
     and identification of persons; and providing for an effective date."                           
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    

2006-08-04                     House Journal                      Page 4280
                          SPECIAL ORDER OF BUSINESS                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Representative Blanche Louise Preston McSmith, 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                                   
citation be approved and that all members of the House be shown as                                  
cosponsors of the citation.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Zachary Miller Warwick, 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                                   
citation be approved and that all members of the House be shown as                                  
cosponsors of the citation.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The following citations were sent to enrolling:                                                     
                                                                                                    
In Memoriam - Representative Blanche Louise Preston McSmith                                         
By Senator Davis; Representatives Harris, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                   
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
In Memoriam - Zachary Miller Warwick                                                                
By Senators Therriault, Wilken; Representatives Harris, Anderson,                                   
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn,                                 
McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon,                                     
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    

2006-08-04                     House Journal                      Page 4281
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 2:19 p.m.                                        
                                                                                                    
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 5:44 p.m.                                             
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
**The presence of Representative Foster, who was excused (page                                      
4277), was noted.                                                                                   
                                                                                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HB 3001                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 3001                                                                            
     "An Act relating to the production tax on oil and gas and to                                   
     conservation surcharges on oil; relating to criminal penalties for                             
     violating conditions governing access to and use of confidential                               
     information relating to the production tax; amending the definition                            
     of 'gas' as that definition applies in the Alaska Stranded Gas                                 
     Development Act; making conforming amendments; and                                             
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 3001(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Hawker, Kelly, Weyhrauch, Stoltze, Foster, Meyer,                                     
Chenault                                                                                            
                                                                                                    

2006-08-04                     House Journal                      Page 4282
No recommendation (1):  Joule                                                                       
                                                                                                    
Amend (1):  Kerttula                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 3001(FIN):                                               
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 3001 is on today's calendar.                                                                     
                                                                                                    
SB 3005                                                                                           
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 3005(JUD) am                                                            
     "An Act relating to contempt of court and to temporary detention                               
     and identification of persons; and providing for an effective date."                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 3005(JUD)                                                  
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wilson, Anderson, Gruenberg, McGuire                                                  
                                                                                                    
No recommendation (2):  Coghill, Kott                                                               
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 3005(JUD):                                           
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Administration                                                                   
3.  Zero, Dept. of Administration                                                                   
4.  Zero, Dept. of Corrections                                                                      
                                                                                                    
CSSB 3005(JUD) am was referred to the Rules Committee for                                           
placement on the calendar.                                                                          
                                                                                                    

2006-08-04                     House Journal                      Page 4283
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                                                                                    
                        SECOND READING OF HOUSE BILLS                                            
                                                                                                    
HB 3001                                                                                           
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 3001                                                                            
     "An Act relating to the production tax on oil and gas and to                                   
     conservation surcharges on oil; relating to criminal penalties for                             
     violating conditions governing access to and use of confidential                               
     information relating to the production tax; amending the definition                            
     of 'gas' as that definition applies in the Alaska Stranded Gas                                 
     Development Act; making conforming amendments; and                                             
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 FIN RPT CS(FIN) 7DP 1NR 1AM                                            4281                        
 FN1: ZERO(DNR)                                                         4282                        
 FN3: (REV)                                                             4282                        
                                                                                                    
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. 3001(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 3001(FIN) be considered engrossed, advanced to third reading,                                  
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 3001(FIN) will advance to third reading on tomorrow's                                          
calendar.                                                                                           
                                                                                                    

2006-08-04                     House Journal                      Page 4284
                                ANNOUNCEMENTS                                                    
                                                                                                    
House committee schedules are published under separate cover.                                       
                                                                                                    
                                 ADJOURNMENT                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., August 5, 2006.  There being no                                     
objection, the House adjourned at 6:14 p.m.                                                         
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk