Legislature(2007 - 2008)
2007-05-08 House Journal
Full Journal pdf2007-05-08 House Journal Page 1169 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE Juneau, Alaska Tuesday May 8, 2007 One Hundred Thirteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:13 a.m. Roll call showed 30 members present. Representative Kerttula had been excused from a call of the House today. Representatives Buch, Crawford, Doll, Gruenberg, Guttenberg, Joule, and Meyer were absent and their presence was noted later. Representative Samuels moved and asked unanimous consent that Representatives Kohring and Ramras be excused from a call of the House to evening plane time, today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Wilson. Representative Lynn moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Dear Heavenly Father, Guide us as we come into these last days of session. Help us see the overall picture and do what is best for all of Alaska. Help tempers to remain calm and cool. Help us to work cooperatively and assist us into these last days with a smooth and easy ship that moves into the dock without any unforeseen waves that rock our boat. 2007-05-08 House Journal Page 1170 Be with our service men and women and their families wherever they may be. Keep them safe. In Jesus' name I pray. Amen. The Pledge of Allegiance was led by Representative Nelson. CERTIFICATION OF THE JOURNAL Representative Samuels moved and asked unanimous consent that the th journal for the 112 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Nelson introduced Conrad Adrian Kapsner, Guest Page, from Bethel. MESSAGES FROM THE SENATE HB 170 A message dated May 7, 2007, was read stating the Senate passed: CS FOR HOUSE BILL NO. 170(FIN) "An Act relating to annual audit reports by insurers, to custodians of insurer assets, to writing workers' compensation insurance by surplus lines insurers, to reports by surplus lines insurers, to the definition of 'wet marine and transportation insurance,' to false or misleading financial statements concerning insurance audits, to high deductible health plans, to retaliation for obligations, prohibitions, or restrictions imposed on Alaska insurers by other states or countries, and to the membership of the Alaska Life and Health Insurance Guaranty Association; and providing for an effective date." CSHB 170(FIN) was referred to the Chief Clerk for enrollment. HJR 18 A message dated May 7, 2007, was read stating the Senate passed CSHJR 18(TRA) with the following amendment and it is transmitted for consideration: 2007-05-08 House Journal Page 1171 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 18(TRA) Opposing the enactment of the provisions in the Next Generation Air Transportation System Financing Reform Act of 2007 that impose air traffic control user fees, increase aviation fuel and aviation gas taxes, reduce airport funding, and reduce Congressional oversight of the Federal Aviation Administration. CSHJR 18(TRA) is under Unfinished Business. A message dated May 7, 2007, was received stating the Senate passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 6 CS FOR SENATE JOINT RESOLUTION NO. 6(RES) by the Senate Resources Committee, entitled: Urging the United States Congress to defeat H.R. 39, titled "To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans." was read the first time and referred to the Resources Committee. **The presence of Representative Gruenberg was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 111 CS FOR SENATE BILL NO. 111(RES) by the Senate Resources Committee, entitled: "An Act creating the Kodiak Narrow Cape Public Use Area." was read the first time and referred to the Resources Committee. 2007-05-08 House Journal Page 1172 **The presence of Representatives Doll, Guttenberg, Meyer, and Joule was noted. COMMUNICATIONS The following were received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement Between the State and Alaska Public Employees Association May 7, 2007 (as required by AS 23.40.215) Dept. of Administration Office of the Commissioner Monetary Terms of Agreement Between the State and the Marine Engineers Beneficial Association May 7, 2007 (as required by AS 23.40.215) Dept. of Administration Office of the Commissioner Monetary Terms of Agreement Between the State and the International Organization of the Masters, Mates and Pilots May 7, 2007 (as required by AS 23.40.215) The Speaker referred the monetary terms of agreements to the Finance Committee. REPORTS OF STANDING COMMITTEES The Resources Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Denby Lloyd as a Commissioner of the Department of Fish and Game. 2007-05-08 House Journal Page 1173 The report was signed by Representatives Gatto and Johnson, Co- chairs; and Representatives Seaton, Kohring, Edgmon, Kawasaki, Roses, and Wilson. The Resources Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Howard Delo Mr. Larry Edfelt Mr. Claude (Vince) Webster as members of the Board of Fisheries. The report was signed by Representatives Gatto and Johnson, Co- chairs; and Representatives Wilson, Roses, Kawasaki, Guttenberg, Edgmon, and Seaton. **The presence of Representative Buch was noted. HJR 12 The Resources Committee considered: HOUSE JOINT RESOLUTION NO. 12 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge to oil and gas exploration, development, and production. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 12(O&G) (same title) The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (7): Kohring, Edgmon, Roses, Wilson, Seaton, Gatto, Johnson Amend (2): Kawasaki, Guttenberg 2007-05-08 House Journal Page 1174 The following fiscal note(s) apply to CSHJR 12(O&G): 1. Zero, Office of the Governor HJR 12 was referred to the Rules Committee for placement on the calendar. HJR 22 The Rules Committee considered: HOUSE JOINT RESOLUTION NO. 22 Denouncing the National Entertainment Collectibles Association's production of the Rapist No. 1 collectible doll. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (4): Fairclough, Samuels, Johnson, Coghill The following fiscal note(s) apply to CSHJR 22(RLS): 1. Zero, House State Affairs Committee HJR 22 is on today's calendar. HB 15 The Resources Committee considered: HOUSE BILL NO. 15 "An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date." 2007-05-08 House Journal Page 1175 and recommends it be replaced with: CS FOR HOUSE BILL NO. 15(RES) "An Act relating to participation in matters before the Board of Fisheries by members of the board and to the definition of 'immediate family member' under the Alaska Executive Branch Ethics Act as that Act applies to members of the Board of Fisheries; and providing for an effective date." The report was signed by Representatives Gatto and Johnson, Co- chairs, with the following individual recommendations: Do pass (6): Seaton, Kohring, Edgmon, Wilson, Roses, Gatto No recommendation (3): Guttenberg, Kawasaki, Johnson The following fiscal note(s) apply to CSHB 15(RES): 1. Zero, Dept. of Fish & Game 2. Zero, Dept. of Law HB 15 was referred to the Rules Committee for placement on the calendar. HB 128 The Judiciary Committee considered: HOUSE BILL NO. 128 "An Act relating to allowable lease expenditures for the purpose of determining the production tax value of oil and gas for the purposes of the oil and gas production tax; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 128(RES) (same title) 2007-05-08 House Journal Page 1176 The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (4): Gruenberg, Lynn, Holmes, Ramras No recommendation (3): Coghill, Dahlstrom, Samuels The following fiscal note(s) apply to CSHB 128(RES): 1. Zero, Dept. of Environmental Conservation 2. Fiscal, Dept. of Administration 3. Fiscal, Dept. of Revenue 4. Zero, Dept. of Administration 5. Fiscal, Dept. of Administration HB 128 was referred to the Finance Committee. HB 232 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 232 "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating to a state database for records of certain purchases of alcoholic beverages; relating to the relocation of a license to sell alcoholic beverages; relating to procedures for local option elections for control of alcoholic beverages; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 232(CRA) "An Act relating to the sale, distribution, and purchase of alcoholic beverages; relating to a state database for records of certain purchases of alcoholic beverages; relating to procedures for local option elections for control of alcoholic beverages; and providing for an effective date." The report was signed by Representatives Fairclough and LeDoux, Co-chairs, with the following individual recommendations: 2007-05-08 House Journal Page 1177 Do pass (2): Cissna, Fairclough No recommendation (3): Dahlstrom, Olson, LeDoux Amend (2): Neuman, Salmon The following fiscal note(s) apply to CSHB 232(CRA): 1. Zero, Dept. of Law 2. Fiscal, Dept. of Public Safety HB 232 was referred to the Judiciary Committee. SB 121 The Judiciary Committee considered: CS FOR SENATE BILL NO. 121(L&C) "An Act relating to discharge from small commercial passenger vessels; relating to information-gathering requirements for small commercial passenger vessels; providing for an effective date by repealing the delayed effective date found in sec. 16, ch. 153, SLA 2004; and providing for an effective date." The report was signed by Representative Dahlstrom, Vice Chair, with the following individual recommendations: Do pass (3): Gruenberg, Holmes, Ramras No recommendation (2): Lynn, Dahlstrom The following fiscal note(s) apply: 1. Zero, Dept. of Law 2. Zero, Dept. of Environmental Conservation CSSB 121(L&C) was referred to the Rules Committee for placement on the calendar. 2007-05-08 House Journal Page 1178 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Thomas S. Nighswander By Senator McGuire Honoring - Noel H. Gast By Senator Huggins Honoring - Lance Mackey, 2007 Yukon Quest and Iditarod Champion By Senator Thomas Honoring - West Valley High School Academic Decathlon By Senator Thomas In Memoriam - Richard Benner By Representative Crawford In Memoriam - Jim Elkins By Senator Stedman; Representatives Johansen, Dahlstrom In Memoriam - Will E. Bergeson By Senator Thomas CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 192 The following was read the second time: HOUSE BILL NO. 192 "An Act relating to notification to teachers of layoff or nonretention." 2007-05-08 House Journal Page 1179 with the: Journal Page HES RPT CS(HES) 3DP 1DNP 2NR 1AM 904 FN1: ZERO(EED) 904 FIN RPT CS(HES) 6DP 4NR 1031 FN1: ZERO(EED) 1031 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 192(HES) (same title) There being no objection, it was so ordered. **The presence of Representative Crawford was noted. Representative Samuels moved and asked unanimous consent that CSHB 192(HES) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 192(HES) will advance to third reading on tomorrow's calendar. HB 209 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 209 "An Act relating to the chair of and the membership of and qualifications of members of the Regulatory Commission of Alaska; adding positions to the partially exempt service; creating an administrative law division and natural gas and oil pipeline division within the commission; amending the timeline requirements for a final order of the commission; relating to the commission's regulatory cost charges; and adding to the duties of the Alaska Judicial Council as they relate to the presentation of nominees for consideration for appointment to the commission." 2007-05-08 House Journal Page 1180 HB 226 The following was read the second time: HOUSE BILL NO. 226 "An Act repealing the termination of the state training and employment program; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 3DP 3NR 847 FN1: (LWF) 847 FN2: (LWF) 847 FIN RPT CS(FIN) NT 8DP 2NR 1AM 1122 FN3: (H.FIN/LWF) 1122 FN4: (H.FIN/LWF) 1122 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date." There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 226(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 226(FIN) was read the third time. The question being: "Shall CSHB 226(FIN) pass the House?" The roll was taken with the following result: CSHB 226(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2007-05-08 House Journal Page 1181 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras And so, CSHB 226(FIN) passed the House. Representative Samuels 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 226(FIN) was referred to the Chief Clerk for engrossment. HB 244 The following was read the second time: HOUSE BILL NO. 244 "An Act creating an Alaska Medal of Honor and establishing criteria for awarding the medal." with the: Journal Page FIN RPT CS(FIN) NT 6DP 1153 FN1: ZERO(MVA) 1154 FN2: (LEG) 1154 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 244(FIN) "An Act creating an Alaska Decoration of Honor and establishing criteria for awarding the decoration." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Thomas, Dahlstrom, Foster, and Gruenberg: 2007-05-08 House Journal Page 1182 Page 1, line 9: Delete "January 1, 2000," Insert "the date Alaska achieved statehood" Page 3, following line 4: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: INITIAL LIST TO BE OBTAINED BY ADJUTANT GENERAL. The initial list of individuals obtained from the United States government by the adjutant general under AS 26.05.342(e)(1) must include all individuals who meet the criteria described in AS 26.05.342(a)(1) - (4) and (b)(1) - (3) and were killed in action at some time after January 2, 1959, and before January 1, 2007." Representative Thomas moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHB 244(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 244(FIN) am was read the third time. The question being: "Shall CSHB 244(FIN) am pass the House?" The roll was taken with the following result: CSHB 244(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-05-08 House Journal Page 1183 Excused: Kerttula, Kohring, Ramras And so, CSHB 244(FIN) am passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 217 The following, which was held from the May 7, 2007, calendar (page 1161), was read the third time: CS FOR HOUSE BILL NO. 217(JUD) "An Act relating to required onboard disclosures about promotions, tours, flightseeing operations, other shoreside activities, shoreside vendors, and visitors bureaus; and providing for an effective date." Representative Thomas moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Thomas was required to vote. The question being: "Shall CSHB 217(JUD) pass the House?" The roll was taken with the following result: CSHB 217(JUD) Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Doll, Edgmon, Fairclough, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kelly, Lynn, Meyer, Nelson, Olson, Salmon, Samuels, Seaton, Thomas, Wilson Nays: Crawford, Dahlstrom, Doogan, Gara, Guttenberg, Kawasaki, LeDoux, Neuman, Roses, Stoltze Excused: Kerttula, Kohring, Ramras Dahlstrom changed from "Yea" to "Nay". And so, CSHB 217(JUD) passed the House. 2007-05-08 House Journal Page 1184 Representative Samuels 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 217(JUD) was referred to the Chief Clerk for engrossment. RECONSIDERATION HJR 9 The Speaker stated that, without objection, the following would be returned to the Rules Committee: CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD)(fld H) Proposing an amendment to the section of the Constitution of the State of Alaska relating to marriage. Notice of reconsideration of the vote was given on May 7, 2007 (page 1163). CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 59 The following, which was advanced to third reading from the May 7, 2007, calendar (page 1161), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 59(FIN) "An Act relating to the use of broadcasting to promote dog mushers' contests and charitable raffles and lotteries; to the maximum amount of prices that may be awarded for charitable gaming activities other than bingo; to the use of the proceeds of charitable gaming; and to establishing cabbage classics as a form of charitable gaming." The question being: "Shall HCS CSSB 59(FIN) pass the House?" The roll was taken with the following result: 2007-05-08 House Journal Page 1185 HCS CSSB 59(FIN) Third Reading Final Passage YEAS: 21 NAYS: 12 EXCUSED: 3 ABSENT: 4 Yeas: Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Kelly, Lynn, Meyer, Neuman, Olson, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Cissna, Doll, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, LeDoux, Nelson, Salmon Excused: Kerttula, Kohring, Ramras Absent: Buch, Crawford, Doogan, Foster And so, HCS CSSB 59(FIN) passed the House. Representative Guttenberg gave notice of reconsideration of the vote on HCS CSSB 59(FIN). HOUSE BILLS IN THIRD READING HB 164 The following, which was held in third reading from the May 7, 2007, calendar (page 1161), was again before the House: CS FOR HOUSE BILL NO. 164(FIN) am "An Act relating to reporting of vessel location by certain commercial passenger vessels operating in the marine waters of the state, to access to vessels by a wastewater treatment operator for purposes of monitoring compliance with state and federal marine discharge and pollution requirements, to the obligations of that operator while aboard the vessels, and to the qualifications of the wastewater treatment operator; and providing for an effective date." Representative Johansen moved and asked unanimous consent that CSHB 164(FIN) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 3. There being no objection, it was so ordered. 2007-05-08 House Journal Page 1186 Representative Johansen moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 3 (page 1131). Objection was heard. The question being: "Shall the House rescind previous action in adopting Amendment No. 3?" The roll was taken with the following result: CSHB 164(FIN) am Second Reading Rescind Previous Action/Amendment No. 3 YEAS: 30 NAYS: 6 EXCUSED: 3 ABSENT: 1 Yeas: Buch, Chenault, Coghill, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Cissna, Crawford, Edgmon, Gara, Guttenberg, Kawasaki Excused: Kerttula, Kohring, Ramras Absent: Salmon And so, the motion passed. Representative Johansen moved and asked unanimous consent to withdraw Amendment No. 3 (page 1130). There being no objection, it was so ordered. New Amendment No. 3 was offered by Representatives Thomas and Johansen: Page 1, line 3, following "operator" (title amendment): Insert "or a marine engineer licensed by the United States Coast Guard" Page 1, line 4, following "operator" (title amendment): Insert "or marine engineer" 2007-05-08 House Journal Page 1187 Page 2, line 5, following "operator": Insert "or a marine engineer licensed by the United States Coast Guard" Page 2, line 10, following "operator": Insert "or marine engineer" Page 2, line 17, following "operator" Insert "or marine engineer" Page 2, line 20, following "operator": Insert "or marine engineer" Representative Johansen moved and asked unanimous consent that New Amendment No. 3 be adopted. Representative Doogan objected. The question being: "Shall New Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 164(FIN) Second Reading New Amendment No. 3 YEAS: 18 NAYS: 18 EXCUSED: 3 ABSENT: 1 Yeas: Chenault, Coghill, Fairclough, Foster, Harris, Hawker, Johansen, Johnson, Joule, Kelly, Lynn, Meyer, Nelson, Olson, Roses, Samuels, Thomas, Wilson Nays: Buch, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holmes, Kawasaki, LeDoux, Neuman, Seaton, Stoltze Excused: Kerttula, Kohring, Ramras Absent: Salmon And so, New Amendment No. 3 was not adopted. CSHB 164(FIN) was automatically in third reading. 2007-05-08 House Journal Page 1188 The question being: "Shall CSHB 164(FIN) pass the House?" The roll was taken with the following result: CSHB 164(FIN) Third Reading Final Passage YEAS: 13 NAYS: 24 EXCUSED: 3 ABSENT: 0 Yeas: Chenault, Coghill, Foster, Hawker, Johansen, Johnson, Joule, Kelly, Meyer, Nelson, Olson, Samuels, Thomas Nays: Buch, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holmes, Kawasaki, LeDoux, Lynn, Neuman, Roses, Salmon, Seaton, Stoltze, Wilson Excused: Kerttula, Kohring, Ramras And so, CSHB 164(FIN) failed to pass the House. CSHB 164(FIN)(fld H) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 22 The following was read the second time: HOUSE JOINT RESOLUTION NO. 22 Denouncing the National Entertainment Collectibles Association's production of the Rapist No. 1 collectible doll. with the: Journal Page STA RPT 7DP 1007 FN1: ZERO(H.STA) 1008 RLS RPT CS(RLS) 4DP 1174 FN1: ZERO(H.STA) 1174 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2007-05-08 House Journal Page 1189 CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) (same title) There being no objection, it was so ordered. Representative Samuels moved and asked unanimous consent that CSHJR 22(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 22(RLS) was read the third time. The question being: "Shall CSHJR 22(RLS) pass the House?" The roll was taken with the following result: CSHJR 22(RLS) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras And so, CSHJR 22(RLS) passed the House and was referred to the Chief Clerk for engrossment. HJR 23 The following was read the second time: HOUSE JOINT RESOLUTION NO. 23 Supporting the reuse of facilities at the Galena Air Base to provide regional educational services. 2007-05-08 House Journal Page 1190 with the: Journal Page STA RPT 4DP 1NR 1063 FN1: ZERO(H.STA) 1063 Representative Samuels moved and asked unanimous consent that HJR 23 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 23 was read the third time. The question being: "Shall HJR 23 pass the House?" The roll was taken with the following result: HJR 23 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras Absent: Edgmon And so, HJR 23 passed the House and was referred to the Chief Clerk for engrossment. HCR 7 The following, which was held from the May 7, 2007, calendar (page 1164), was read the second time: HOUSE CONCURRENT RESOLUTION NO. 7 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 59, relating to charitable gaming. 2007-05-08 House Journal Page 1191 The question being: "Shall HCR 7 pass the House?" The roll was taken with the following result: HCR 7 Second Reading Final Passage YEAS: 19 NAYS: 18 EXCUSED: 3 ABSENT: 0 Yeas: Chenault, Coghill, Fairclough, Foster, Harris, Hawker, Johansen, Johnson, Kelly, Lynn, Meyer, Neuman, Olson, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Buch, Cissna, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, LeDoux, Nelson, Salmon Excused: Kerttula, Kohring, Ramras And so, lacking the necessary 27 votes, HCR 7 failed to pass the House. Representative Stoltze gave notice of reconsideration of the vote on HCR 7(fld H). HCR 8 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 8 Establishing a task force to make recommendations regarding job descriptions and salary changes for the commissioners and support staff of the Regulatory Commission of Alaska. with the: Journal Page L&C RPT CS(L&C) NT 3DP 3NR 1030 FN1: (LEG) 1030 FIN RPT CS(L&C) NT 9DP 1NR 1085 FN1: (LEG) 1086 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2007-05-08 House Journal Page 1192 CS FOR HOUSE CONCURRENT RESOLUTION NO. 8(L&C) Establishing a legislative task force to make recommendations regarding job descriptions and salary changes for the commissioners and support staff and the possible need for additional support staff of the Regulatory Commission of Alaska. There being no objection, it was so ordered. The question being: "Shall CSHCR 8(L&C) pass the House?" The roll was taken with the following result: CSHCR 8(L&C) Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras And so, CSHCR 8(L&C) passed the House. Representative Gruenberg gave notice of reconsideration of the vote on CSHCR 8(L&C). SECOND READING OF HOUSE BILLS (continued) HB 209 The following, which was moved to the bottom of the calendar (page 1179), was read the second time: HOUSE BILL NO. 209 "An Act relating to the chair of and the membership of and qualifications of members of the Regulatory Commission of Alaska; adding positions to the partially exempt service; creating 2007-05-08 House Journal Page 1193 an administrative law division and natural gas and oil pipeline division within the commission; amending the timeline requirements for a final order of the commission; relating to the commission's regulatory cost charges; and adding to the duties of the Alaska Judicial Council as they relate to the presentation of nominees for consideration for appointment to the commission." with the: Journal Page L&C RPT CS(L&C) NT 1DP 1DNP 2NR 2AM 992 FN1: ZERO(H.L&C/CED) 993 FN2: ZERO(H.L&C/CRT) 993 FN3: ZERO(LAW) 993 JUD RPT CS(JUD) NT 1DP 6NR 1065 FN1: ZERO(H.L&C/CED) 1066 FN2: ZERO(H.L&C/CRT) 1066 FN3: ZERO(LAW) 1066 FIN RPT CS(JUD) NT 2DP 5NR 1AM 1152 FN1: ZERO(H.L&C/CED) 1153 Representative Samuels moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 209(JUD) "An Act relating to the chair of the Regulatory Commission of Alaska and amending the timeline requirements for a final order of the commission; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gardner and Gruenberg: Page 1, line 5 - page 2, line 2: Delete all material. Renumber the following bill sections accordingly. 2007-05-08 House Journal Page 1194 Representative Gardner moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Olson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 209(JUD) Second Reading Amendment No. 1 YEAS: 17 NAYS: 20 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Nelson, Neuman, Salmon, Wilson Nays: Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Kelly, LeDoux, Lynn, Meyer, Olson, Roses, Samuels, Seaton, Stoltze, Thomas Excused: Kerttula, Kohring, Ramras And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gara: Page 3, line 3: Delete "or involve the review of private settlements and contracts" Page 3, line 5, following "180 days": Insert ", or 365 days if the matter is a case where the commission holds a hearing for which the parties or members of the public may appear," Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Olson objected. 2007-05-08 House Journal Page 1195 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 209(JUD) Second Reading Amendment No. 2 YEAS: 18 NAYS: 19 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Joule, Kawasaki, LeDoux, Nelson, Salmon Nays: Chenault, Coghill, Dahlstrom, Fairclough, Foster, Harris, Johansen, Johnson, Kelly, Lynn, Meyer, Neuman, Olson, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Gara: Page 2, line 17: Delete "270 days" Insert "365 days" Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Olson objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 209(JUD) Second Reading Amendment No. 3 YEAS: 15 NAYS: 22 EXCUSED: 3 ABSENT: 0 Yeas: Buch, Cissna, Crawford, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Nelson, Salmon 2007-05-08 House Journal Page 1196 Nays: Chenault, Coghill, Dahlstrom, Fairclough, Foster, Gatto, Harris, Hawker, Johansen, Johnson, Kelly, LeDoux, Lynn, Meyer, Neuman, Olson, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring, Ramras And so, Amendment No. 3 was not adopted. Representative Samuels moved and asked unanimous consent that CSHB 209(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 209(JUD) will advance to third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Samuels 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: th Honoring - 60 Anniversary of the Community of Chugiak-Eagle River By Representatives Stoltze, Dahlstrom, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson Honoring - Marcus Farquhar By Senator Green; Representatives Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson 2007-05-08 House Journal Page 1197 In Memoriam - Norman "Norm" Tyler Jr. By Representatives Kohring, Neuman, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, LeDoux, Lynn, Meyer, Nelson, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Max Harris Wells By Representatives Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Rupert "Rupe" Andrews By Representatives Stoltze, Harris, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Ramras, Roses, Salmon, Samuels, Seaton, Thomas, Wilson CONCUR IN SENATE AMENDMENTS HJR 18 Representative Samuels moved and asked unanimous consent that the House consider the Senate message (page 1170) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 18(TRA) Opposing the enactment of the provisions in the Next Generation Air Transportation System Financing Reform Act of 2007 that impose air traffic control user fees, increase aviation fuel and aviation gas taxes, reduce airport funding, and reduce Congressional oversight of the Federal Aviation Administration. and 2007-05-08 House Journal Page 1198 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 18(TRA) (same title) There being no objection, it was so ordered. Representative Samuels moved that the House concur in the Senate amendment to CSHJR 18(TRA), thus adopting SCS CSHJR 18(TRA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 18(TRA)?" The roll was taken with the following result: SCS CSHJR 18(TRA) Concur YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doll, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, LeDoux, Lynn, Meyer, Nelson, Neuman, Olson, Roses, Salmon, Samuels, Seaton, Stoltze, Wilson Excused: Kerttula, Kohring, Ramras Absent: Kawasaki, Kelly, Thomas And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 18(TRA). The Chief Clerk notified the Senate. SCS CSHJR 18(TRA) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HJR 22 Representatives Olson, Neuman, Doogan, Gardner, and Meyer added their names as cosponsors to: 2007-05-08 House Journal Page 1199 CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Denouncing the National Entertainment Collectibles Association's production of the Rapist No. 1 collectible doll. HJR 23 Representatives Gardner and Kelly added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 23 Supporting the reuse of facilities at the Galena Air Base to provide regional educational services. HB 128 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 128 "An Act relating to allowable lease expenditures for the purpose of determining the production tax value of oil and gas for the purposes of the oil and gas production tax; and providing for an effective date." HB 192 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 192(HES) "An Act relating to notification to teachers of layoff or nonretention." HB 226 Representative Gardner added her name as cosponsor to: CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date." HB 252 Representative Kawasaki added his name as cosponsor to: 2007-05-08 House Journal Page 1200 HOUSE BILL NO. 252 "An Act requiring paid leave from employment for organ and bone marrow donation." HJR 18 The following memorandum, dated May 8, 2007, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in SCS CSHJR 18(TRA), which has been corrected in enrolling: Page 2, line 5: Delete "world's"" HB 126 The following memorandum, dated May 7, 2007, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 126(JUD)(title am), which has been corrected in enrolling: Page 16, line 3: Delete "driver" Insert "driver's"" HB 210 The following memorandum, dated May 7, 2007, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in HB 210, which has been corrected in enrolling: Page 1, line 3: Delete "AS 36.05.160(a)" Insert "AS 26.05.160(a)"" 2007-05-08 House Journal Page 1201 HJR 9 Reconsideration of the following was not taken up on this legislative day: CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD)(fld H) Proposing an amendment to the section of the Constitution of the State of Alaska relating to marriage. CSHJR 9(JUD)(fld H) was returned to the Rules Committee (page 1184). ENGROSSMENT HJR 22 CSHJR 22(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 23 HJR 23 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 164 CSHB 164(FIN)(fld H) was engrossed. HB 217 CSHB 217(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 226 CSHB 226(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 244 CSHB 244(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2007-05-08 House Journal Page 1202 ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 27, 2007. House committee schedules are published daily under separate cover. ADJOURNMENT Representative Samuels moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 9, 2007. There being no objection, the House adjourned at 11:56 a.m. Suzi Lowell Chief Clerk