Legislature(2009 - 2010)

2009-01-28 House Journal

Full Journal pdf

2009-01-28                     House Journal                      Page 0089
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                 TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Wednesday              January 28, 2009                                                       
                                                                                                                                
                                Ninth Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:00 a.m.                                                                                                          
                                                                                                                                
Roll call showed 38 members present.  Representatives Edgmon and                                                                
Millett had been excused from a call of the House today.                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Tom                                                                    
Matthews of Douglas Island Bible Church.  Representative Buch                                                                   
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
     With respect for the various beliefs represented here, I would                                                             
     like to offer up this prayer on your behalf.                                                                               
                                                                                                                                
     Dear Lord, we truly are a blessed people.  We live in a                                                                    
     prosperous land with so much opportunity for each of us:                                                                   
     opportunity for daily bread, opportunity for lodging and                                                                   
     protection from the elements abound for us.  We have                                                                       
     opportunities for jobs, for education and opportunities to be                                                              
     effective citizens of this great country.  Our country, Lord, is                                                           
     an incredible place; Alaska is an incredible place.  We have so                                                            
     much to be thankful for.                                                                                                   
                                                                                                                                
     However, in our prosperity, Lord, may we never forget those                                                                
     less fortunate than us:  not only people in other lands, but                                                               
     people also within our own communities who struggle for                                                                    
     their day-to-day existence.  May our hearts break; may we                                                                  
     have a compassion that drives us to help those in a time of                                                                
     need.                                                                                                                      
                                                                                                                                

2009-01-28                     House Journal                      Page 0090
     Lord, I lift up these legislators and ask for your grace to help                                                           
     them in the roles you have called them to.  I pray for a spirit                                                            
     of enthusiasm and a conviction for each of them.  You have                                                                 
     called them to their positions, and you will do great things                                                               
     through them.                                                                                                              
                                                                                                                                
     For their families, Lord, I pray as well.  There is sacrifice that                                                         
     both the legislators and their families go through for them to                                                             
     be here.  May you protect and guide their families and loved                                                               
     ones in their absence.  Bless them for the sacrifices that are                                                             
     made so they can serve our state in this important role.                                                                   
                                                                                                                                
     I lift this group before you in the name of your Son, Jesus                                                                
     Christ.  Amen.                                                                                                             
                                                                                                                                
The Pledge of Allegiance was led by Representative Johnson.                                                                     
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
journal for the seventh and eighth legislative days be approved as                                                              
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Hawker introduced Chip Chennault, Guest Page, from                                                               
Anchorage.                                                                                                                      
                                                                                                                                
                              COMMUNICATIONS                                                                                 
                                                                                                                                
A letter dated January 21, 2009, was received from Dana Fabe, Chief                                                             
Justice of the Alaska Supreme Court, stating that she has nominated                                                             
the following public members for reappointment to the Select                                                                    
Committee on Legislative Ethics:                                                                                                
                                                                                                                                
     Herman G. Walker, Jr.                                                                                                      
     Dennis "Skip" Cook                                                                                                         
                                                                                                                                
The Speaker referred the appointments to the Judiciary Committee.                                                               
                                                                                                                                

2009-01-28                     House Journal                      Page 0091
The following were received:                                                                                                    
                                                                                                                                
Dept. of Administration                                                                                                         
State Officers Compensation Commission                                                                                          
Findings and Recommendations                                                                                                    
January 10, 2009                                                                                                                
(as required by AS 39.23.540)                                                                                                   
                                                                                                                                
Dept. of Health & Social Services                                                                                               
Office of the Commissioner                                                                                                      
Fiscal Year 2009                                                                                                                
Operating Grants                                                                                                                
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 80                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 80                                                                                                          
     "An Act relating to the Joint Armed Services Committee and its                                                             
     Homeland Security and Emergency Management Subcommittee;                                                                   
     and providing for an effective date."                                                                                      
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 80(STA)                                                                                              
     "An Act relating to the Joint Armed Services Committee; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Gatto, Seaton, Gruenberg, Wilson, Petersen, Lynn                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 80(STA):                                                                             
                                                                                                                                
1.  Fiscal, Legislative Affairs Agency                                                                                          
                                                                                                                                
HB 80 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       

2009-01-28                     House Journal                      Page 0092
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
A report of the Committee on Committees dated January 28, 2009,                                                                 
was read submitting an amendment to the January 20, 2009, report                                                                
(page 10).  The amendment follows:                                                                                              
                                                                                                                                
House Special Committee on Fisheries:  Kawasaki replaces Kerttula                                                               
                                                                                                                                
The report was signed by Representative Chenault, Chair; and                                                                    
Representatives Coghill, Johansen, Hawker, Stoltze, Kerttula, and                                                               
Guttenberg.                                                                                                                     
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adopt the Committee on Committees report.  There being no                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Alev Kelter                                                                                                          
By Senator Dyson                                                                                                                
                                                                                                                                
In Memoriam - Sally Rogers-Jantzi                                                                                               
By Representative Seaton                                                                                                        
                                                                                                                                
The following citations were introduced and taken up later as a Special                                                         
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Dr. Ruth Gruber                                                                                                      
By Representative Harris                                                                                                        
                                                                                                                                
Honoring - Father Norman Elliott                                                                                                
By Senators French, Ellis                                                                                                       
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                           OF HOUSE RESOLUTIONS                                                                              
                                                                                                                                
HJR 9                                                                                                                         
HOUSE JOINT RESOLUTION NO. 9 by Representatives Foster,                                                                         
Stoltze, Holmes, Hawker, Harris, and Herron:                                                                                    

2009-01-28                     House Journal                      Page 0093
     Designating the Alaska Aviation Heritage Museum located at                                                                 
     4721 Aircraft Drive in Anchorage as the official headquarters for                                                          
     the State of Alaska's Centennial of Flight Celebration.                                                                    
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 89                                                                                                                         
HOUSE BILL NO. 89 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act repealing the governor's committee on employment of                                                                
     people with disabilities; creating the state vocational rehabilitation                                                     
     committee and relating to the committee; and providing for an                                                              
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce, Health                                                            
& Social Services, and Finance Committees.                                                                                      
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Labor & Workforce Development                                                                                
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 23, 2009, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill repealing the Governor's                                                                 
committee on employment of people with disabilities, creating the                                                               
state vocational rehabilitation committee, and relating to the                                                                  
committee.                                                                                                                      
                                                                                                                                
The purpose of this bill is to eliminate the need to change state law                                                           
every time federal requirements change the number and or                                                                        
constituency of the membership required for the Governor's committee                                                            

2009-01-28                     House Journal                      Page 0094
on employment of people with disabilities and to expand its                                                                     
responsibilities to include the functions of an assistive technology                                                            
advisory council as required under federal law.  Since approximately                                                            
70 percent of the financing for the committee comes from the federal                                                            
government, compliance with federal requirements is necessary.                                                                  
                                                                                                                                
Assisting those with disabilities in obtaining employment is vital to the                                                       
economic and social well-being of the state. Given the opportunity,                                                             
these Alaskans have the ability to contribute significantly to our                                                              
workforce and to our communities, while granting them financial                                                                 
independence and affirmation of their value to society.                                                                         
                                                                                                                                
The Governor's committee on employment of people with disabilities                                                              
has been carrying out the responsibilities of the state rehabilitation                                                          
council identified in 29 U.S.C. 725, as amended.  This bill would                                                               
replace the existing committee with a federally compliant committee                                                             
and would allow for adjustments necessary to remain in conformance                                                              
with federal law without the need for further statute changes.  The                                                             
newly created committee's responsibilities would also include the                                                               
functions of an assistive technology advisory council required under                                                            
29 U.S.C. 3001.                                                                                                                 
                                                                                                                                
The bill would also increase the frequency of meetings of the                                                                   
committee, from a minimum of once each year to four times a year.                                                               
The bill would allow telephonic participation in committee meetings,                                                            
and would provide for election of the chair by the committee                                                                    
members, subject to the approval of, rather than appointment by, the                                                            
Governor.                                                                                                                       
                                                                                                                                
The bill would also provide a reviser's instruction to change the                                                               
heading of Article 2 of AS 23.15, to reflect the creation of the new                                                            
committee.                                                                                                                      
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                

2009-01-28                     House Journal                      Page 0095
HB 90                                                                                                                         
HOUSE BILL NO. 90 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to bonding limitations and confidentiality of                                                             
     records and information of the Alaska Industrial Development and                                                           
     Export Authority; and providing for an effective date."                                                                    
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
The Governor's transmittal letter dated January 23, 2009, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to bonding limitations                                                          
and confidentiality of records and information of the Alaska Industrial                                                         
Development and Export Authority (AIDEA).                                                                                       
                                                                                                                                
This bill would accomplish five things.  Section 1 of the bill would                                                            
exclude refunding and conduit revenue bonds from the 12-month bond                                                              
limit of the Authority.  AS 44.88.095(a) precludes AIDEA from                                                                   
issuing more than $400,000,000 of bonds during any 12-month period.                                                             
Enactment of the bill would ensure that the 12-month bond limit                                                                 
would never preclude AIDEA from issuing refunding bonds to                                                                      
refinance existing development finance project debt on more favorable                                                           
terms, or from issuing conduit revenue bonds for which AIDEA has no                                                             
financial obligation to pay.  Conduit revenue bonds are payable by the                                                          
project developer and related parties, primarily from revenue                                                                   
generated by the project.                                                                                                       
                                                                                                                                
Section 2 of the bill would eliminate the sunset of the statutory ability                                                       
of AIDEA issuing bonds.  AS 44.88.095(g) severely limits the ability                                                            
of AIDEA to issue bonds.  Before the July 1, 2007 statutory sunset,                                                             
AS 44.88.095(g) authorized AIDEA to issue most bonds without                                                                    
further legislative approval; the sole exception being bonds in excess                                                          

2009-01-28                     House Journal                      Page 0096
of $10,000,000 to assist in the financing of a development project                                                              
under AS 44.88.172 - 44.88.177.  That authorization to issue bonds                                                              
ended on July 1, 2007, with the statutory sunset.  AIDEA currently                                                              
requires legislative approval to issue any bonds, excepting refunding                                                           
and conduit revenue bonds.  Section 2 of the bill would amend                                                                   
AS 44.88.095(g) to eliminate the sunset and enable AIDEA to again                                                               
issue most bonds without legislative approval.  AIDEA will still                                                                
require legislative approval to issue bonds in excess of $10,000,000 to                                                         
assist in the financing of development projects, excluding refunding                                                            
bonds.                                                                                                                          
                                                                                                                                
Section 2 of the bill would also expressly clarify in statute that AIDEA                                                        
may use proceeds from refunding bonds to finance certain costs and                                                              
expenses associated with issuing the refunding bonds.                                                                           
AS 44.88.095(g) empowers AIDEA to issue refunding bonds for                                                                     
development projects, but does not provide sufficient clarity required                                                          
by bond markets to enable proceeds from the refunding bonds to be                                                               
used to pay more than the outstanding balance of the existing bonds.                                                            
The bill, if enacted, would enable AIDEA to issue refunding bonds,                                                              
the proceeds from which can be used to pay both the outstanding                                                                 
balance of the existing bonds and the costs of refinancing, funding                                                             
reserves, and other costs related to issuing refunding bonds for                                                                
development projects.  The ability to use refunding bond proceeds to                                                            
pay these additional costs is anticipated to reduce the cost of financing,                                                      
which would provide a direct economic benefit to project developers.                                                            
                                                                                                                                
Sections 3 and 4 of the bill would amend AS 44.88.215 to clarify                                                                
confidential records and information of AIDEA, and processes for                                                                
determining confidentiality.  AS 44.88.215 assists the mission of                                                               
AIDEA by assuring borrowers, applicants, and project developers that                                                            
certain records and information provided to AIDEA will be kept                                                                  
confidential.  AIDEA has heard complaints from borrowers,                                                                       
applicants, and project developers because AS 44.88.215 does not                                                                
clearly establish that AIDEA can retain the confidentiality of certain                                                          
types of documents.  Sections 5 and 6 of the bill attempt to address                                                            
these concerns by clarifying that certain types of records and                                                                  
information are confidential, defines "trade secrets" using the Alaska                                                          
Uniform Trade Secrets Act to clarify existing statutory language, and                                                           
establishes processes for the executive director of AIDEA to                                                                    
determine confidentiality of records and information.                                                                           
                                                                                                                                

2009-01-28                     House Journal                      Page 0097
Finally, Section 8 of the bill would make the Act effective on July 1,                                                          
2009.                                                                                                                           
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                
                                                                                                                                
HB 91                                                                                                                         
HOUSE BILL NO. 91 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to limitations on possessing, sending, shipping,                                                          
     transporting, or bringing alcoholic beverages to a local option area                                                       
     and to penalties for violations of those limitations; relating to                                                          
     probation for minor consuming or in possession or control of                                                               
     alcoholic beverages; relating to civil fines for liquor licensees                                                          
     whose agents or employees furnish alcoholic beverages to a                                                                 
     person under 21 years of age; and providing for an effective date."                                                        
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs, Judiciary, and Finance Committees.                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Public Safety                                                                                                
2.  Indeterminate, Dept. of Administration                                                                                      
3.  Indeterminate, Dept. of Administration                                                                                      
4.  Indeterminate, Dept. of Corrections                                                                                         
5.  Indeterminate, Dept. of Law                                                                                                 
                                                                                                                                
The Governor's transmittal letter dated January 23, 2009, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of article III, section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would lower the amount of                                                           

2009-01-28                     House Journal                      Page 0098
alcoholic beverages that may be possessed in or imported into a local                                                           
option area and would levy civil fines for liquor licensees whose                                                               
agents or employees furnish alcoholic beverages to a person under 21                                                            
years of age. The bill will strengthen existing laws intended to reduce                                                         
the devastating economic, health, and social problems that arise from                                                           
alcohol abuse in both urban and rural Alaska.                                                                                   
                                                                                                                                
                                                                                                                                
People in rural Alaska communities have asked many times for help                                                               
from the state in addressing the problems caused by alcohol in their                                                            
communities.  By reducing the amount of alcohol allowed into those                                                              
communities that have chosen to restrict its use, the ability for                                                               
bootlegging activities can be decreased. This is one way to help                                                                
smaller communities address a serious problem of public safety and                                                              
health.                                                                                                                         
                                                                                                                                
Under current law, a person living in a "damp" area -- that is, one in                                                          
which a person may possess alcoholic beverages but not sell alcoholic                                                           
beverages -- may possess ten and one half liters or 14 "fifths" of                                                              
distilled spirits, 24 liters of wine or 32 bottles and 12 gallons of malt                                                       
beverage, without a legal presumption of intent to sell.  Current law                                                           
adopts the same limits on the amounts of alcohol package stores can                                                             
send to a person living in a local option area every calendar month.                                                            
The same threshold amount applies to the penalties for bootlegging; a                                                           
person convicted of bootlegging more than ten and one half liters of                                                            
distilled spirits under current law is subject to a class C felony.  A                                                          
person convicted of bootlegging ten and one half liters or less of                                                              
distilled spirits commits a class A misdemeanor.                                                                                
                                                                                                                                
There is general agreement that under current law the amounts that                                                              
may be possessed by, imported by, or sent to an individual in a local                                                           
option area in one calendar month are very high.  The bill would                                                                
reduce the amount of distilled spirits by 75 percent and would reduce                                                           
the amount of wine and malt beverage by 50 percent.  Under the                                                                  
proposed bill a package store in Anchorage may send to a person                                                                 
living in a damp area, every month, three liters (or four "fifths") of                                                          
distilled spirits, 12 liters (or 16 bottles) of wine, and six gallons of                                                        
malt beverage.                                                                                                                  
                                                                                                                                
Further, the bill would adopt a mandatory minimum term of                                                                       
imprisonment for a person convicted for the first time of felony                                                                

2009-01-28                     House Journal                      Page 0099
bootlegging.  The term is similar to the mandatory term for a person                                                            
convicted for the first time of felony drunk driving.                                                                           
                                                                                                                                
Secondly, this bill provides an additional tool in the quest to limit                                                           
access to alcohol by our youth.  Studies show that the earlier a person                                                         
begins consuming alcohol, the greater their chances are of becoming                                                             
dependant. Curbing underage drinking is important to the well-being                                                             
of all Alaskans.                                                                                                                
                                                                                                                                
Under the current law, a liquor licensee's agents or employees, such as                                                         
bartenders or package store clerks, may be charged with a class A                                                               
misdemeanor if they sell or serve alcoholic beverages to a person                                                               
under 21 years of age.  Most people who operate a liquor license are                                                            
highly responsible, and train their agents and employees to be diligent                                                         
in not serving underage youth.  Some licensees, however, do not                                                                 
emphasize the prohibition against serving alcoholic beverages to                                                                
minors.  Under current law there is no adverse consequence to the                                                               
licensee if the licensee's agent or employee has furnished alcoholic                                                            
beverages to a minor.                                                                                                           
                                                                                                                                
The bill would adopt a civil fine for a licensee whose employee or                                                              
agent for the second or subsequent time is convicted of furnishing                                                              
alcoholic beverages to a minor on the licensee's premises.  A warning                                                           
for the first conviction would be sent to the licensee by the Alcoholic                                                         
Beverage Control Board.  The civil fine of $1,000 would be imposed                                                              
on a licensee for a second or subsequent conviction of an agent or                                                              
employee.  The fine would provide a greater incentive for licensees to                                                          
train and supervise agents and employees to avoid serving alcoholic                                                             
beverages to people under 21 years old.                                                                                         
                                                                                                                                
The bill would also repair a minor drafting error in legislation passed                                                         
last session addressing probation for young persons who consume                                                                 
alcoholic beverages.  The bill clarifies that a person may be convicted                                                         
of repeat minor consuming for subsequent convictions.                                                                           
                                                                                                                                
I urge your prompt and favorable consideration of this bill.                                                                    
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                

2009-01-28                     House Journal                      Page 0100
HB 92                                                                                                                         
HOUSE BILL NO. 92 by the House Rules Committee by request of                                                                    
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to certain investments of the Alaska permanent                                                            
     fund, the state's retirement systems, the State of Alaska                                                                  
     Supplemental Annuity Plan, and the deferred compensation                                                                   
     program for state employees in companies that do business in                                                               
     Sudan, and restricting those investments; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
2.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
The Governor's transmittal letter dated January 23, 2009, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to certain investments of                                                       
the Alaska permanent fund, the state's retirement systems, the State of                                                         
Alaska Supplemental Annuity Plan, and the deferred compensation                                                                 
program for state employees in companies that do business in Sudan,                                                             
and restricting those investments.  This bill requires the fiduciaries of                                                       
state investment funds to divest of investments in publicly traded                                                              
companies that conduct business operations or have direct investments                                                           
in business operations in Sudan, as defined by the federal Sudan                                                                
Divestment and Accountability Act of 2007, P.L. 110-174.                                                                        
                                                                                                                                
On September 21, 2004, addressing the United Nations General                                                                    
Assembly, President George W. Bush stated, "[A]t this hour, the world                                                           
is witnessing terrible suffering and horrible crimes in the Darfur region                                                       
of Sudan, crimes my government has concluded are genocide." On                                                                  
September 25, 2006, Congress reaffirmed that "the genocide unfolding                                                            
in the Darfur region of Sudan is characterized by acts of terrorism and                                                         

2009-01-28                     House Journal                      Page 0101
atrocities directed against civilians, including mass murder, rape, and                                                         
sexual violence committed by the Janjaweed and associated militias                                                              
with the complicity and support of the National Congress Party-led                                                              
faction of the Government of Sudan." The federal government has                                                                 
imposed sanctions against the Government of Sudan since 1997.                                                                   
These sanctions are monitored through the U.S. Treasury Department's                                                            
Office of Foreign Assets Control (OFAC).                                                                                        
                                                                                                                                
The investment of funds in business firms and financial institutions                                                            
with ties to the repressive regime in Sudan is inconsistent with the                                                            
moral and political values of the people of Alaska.  It is a fundamental                                                        
responsibility of the state of Alaska to decide where, how, and by                                                              
whom financial resources in its control should be invested, taking into                                                         
account numerous pertinent factors. The people of Alaska condemn                                                                
the human rights abuses, enslavement and genocide in Sudan and                                                                  
declare these atrocities to be contrary to the fundamental principles of                                                        
human rights and standards of justice and individual freedoms.                                                                  
                                                                                                                                
                                                                                                                                
The bill will require the commissioner of the Department of Revenue,                                                            
the Alaska Retirement Management Board of Trustees, and the Alaska                                                              
Permanent Fund Board of Trustees to divest of investments in publicly                                                           
traded companies that conduct business operations or have direct                                                                
investments in business operations in Sudan.  These provisions are                                                              
drafted to comply with the federal Sudan Divestment and                                                                         
Accountability Act of 2007, P.L. 110-174, which includes notice of                                                              
the enactment of this measure to the United States Attorney General.                                                            
                                                                                                                                
                                                                                                                                
The bill also provides for immunity and indemnification for the state's                                                         
investment fund fiduciaries in connection with the implementation of a                                                          
Sudan divestment policy.  There is authority for the notion that                                                                
divestment policies are not consistent with the prudent investor                                                                
standard (see, e.g., 1998 Inf. Op. Att'y Gen. at 198 (663-98-0297; Aug.                                                         
12); Alaska State Senate, Rural Research Agency, Alaska's Permanent                                                             
Fund: Legislative History, Intent and Operations at 39-40 (Jan.                                                                 
1986)).  Accordingly, these provisions are important to protect the                                                             
fiduciaries of the state's investment funds from any challenge or                                                               
liability that may result from implementation of this bill.                                                                     
                                                                                                                                

2009-01-28                     House Journal                      Page 0102
Further, the bill provides for sunset of the divestment provisions of                                                           
this bill upon the earlier of three occurrences: 1.) if the sunset                                                              
provisions in sec. 12 of the Sudan Divestment and Accountability Act                                                            
of 2007 are satisfied, 2.) if Congress or the President declares that                                                           
Sudan divestment policies interfere with United States foreign policy;                                                          
or 3.) if the Sudan Divestment and Accountability Act of 2007 is                                                                
repealed.                                                                                                                       
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                
HB 93                                                                                                                         
HOUSE BILL NO. 93 by Representatives Chenault, Neuman, Harris,                                                                  
Munoz, Gardner, and Gara, entitled:                                                                                             
                                                                                                                                
     "An Act relating to unwanted telephone solicitations on a cellular                                                         
     or mobile telephone and making those calls to cellular or mobile                                                           
     telephones registered with the national do not call registry                                                               
     violations of the Alaska Unfair Trade Practices and Consumer                                                               
     Protection Act."                                                                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
HB 94                                                                                                                         
HOUSE BILL NO. 94 by Representatives Guttenberg, Kawasaki,                                                                      
Gara, Tuck, and Gardner, entitled:                                                                                              
                                                                                                                                
     "An Act creating a postsecondary scholarship program for Alaska                                                            
     residents based on high achievement and financial need."                                                                   
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 95                                                                                                                         
HOUSE BILL NO. 95 by Representatives Gruenberg and Thomas,                                                                      
entitled:                                                                                                                       
                                                                                                                                

2009-01-28                     House Journal                      Page 0103
     "An Act relating to stays of execution on and the postjudgment                                                             
     interest rate on judgments greater than $100,000 in favor of the                                                           
     state or a political subdivision of the state."                                                                            
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 96                                                                                                                         
HOUSE BILL NO. 96 by Representatives Thomas, Harris, and Gara,                                                                  
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to forgiveness of interest on certain state loans                                                         
     secured by a lien placed on potential receipts from litigation                                                             
     involving claims for injury, loss, or destruction of the natural                                                           
     resources affected by the March 24, 1989, Exxon Valdez oil spill;                                                          
     and providing for an effective date."                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 97                                                                                                                         
HOUSE BILL NO. 97 by Representatives Guttenberg and Gardner,                                                                    
entitled:                                                                                                                       
                                                                                                                                
     "An Act authorizing the Department of Military and Veterans'                                                               
     Affairs to establish and maintain Alaska veterans' cemeteries,                                                             
     establishing the Alaska veterans' cemetery fund in the general                                                             
     fund, and authorizing appropriation of income from fees for                                                                
     special request plates commemorating Alaska veterans to that                                                               
     cemetery fund."                                                                                                            
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs and the State Affairs and Finance                                                                  
Committees.                                                                                                                     
                                                                                                                                
HB 98                                                                                                                         
HOUSE BILL NO. 98 by Representative Ramras, entitled:                                                                           
                                                                                                                                
     "An Act relating to minor consuming and repeat minor                                                                       
     consuming; and providing for an effective date."                                                                           
                                                                                                                                

2009-01-28                     House Journal                      Page 0104
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
HB 99                                                                                                                         
HOUSE BILL NO. 99 by the House State Affairs Committee, entitled:                                                               
                                                                                                                                
     "An Act relating to providing a death certificate for a deceased                                                           
     veteran without charge; relating to a program to honor the                                                                 
     memory of a deceased veteran; and providing for an effective                                                               
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs and the State Affairs and Finance                                                                  
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Johansen 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 - Allan Tesche                                                                                                         
By Senator Ellis; Representatives Gara, Chenault, Buch, Cissna,                                                                 
Crawford, Dahlstrom, Doogan, Edgmon, Gardner, Gatto, Gruenberg,                                                                 
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen,                                                               
Ramras, Salmon, Seaton, Thomas, Tuck, Wilson                                                                                    
                                                                                                                                
Commemorating - Black History Month                                                                                             
By Senator Davis; Representatives Chenault, Buch, Cissna, Coghill,                                                              
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner,                                                                 
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                
Stoltze, Thomas, Tuck, Wilson                                                                                                   
                                                                                                                                

2009-01-28                     House Journal                      Page 0105
In Memoriam - Albert Sanford                                                                                                    
By Senator Davis; Representatives Chenault, Buch, Cissna, Coghill,                                                              
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara,                                                                  
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                           
                                                                                                                                
In Memoriam - Jerome Kenney                                                                                                     
By Senator Davis; Representatives Chenault, Buch, Cissna, Coghill,                                                              
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara,                                                                  
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                           
                                                                                                                                
                                                                                                                                
In Memoriam - Carol Bernice Barnes                                                                                              
By Senator Davis; Representatives Chenault, Buch, Cissna, Coghill,                                                              
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara,                                                                  
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                           
                                                                                                                                
In Memoriam - John Milton Miller, Jr.                                                                                           
By Senator Davis; Representatives Chenault, Buch, Cissna, Coghill,                                                              
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara,                                                                  
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                           
                                                                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
following members be excused from a call of the House.  There being                                                             
no objection, the members were excused as noted:                                                                                
                                                                                                                                

2009-01-28                     House Journal                      Page 0106
Representative Gara - from morning plane time, January 30 to                                                                    
morning plane time, February 2; and from evening plane time,                                                                    
February 6 to morning plane time, February 9                                                                                    
                                                                                                                                
Representative Harris - from morning plane time, January 31 to                                                                  
morning plane time, February 5                                                                                                  
                                                                                                                                
Representative Gatto - from evening plane time, February 2 to                                                                   
evening plane time, February 3                                                                                                  
                                                                                                                                
Representative Keller - from morning plane time, February 4 to                                                                  
evening plane time, February 5                                                                                                  
                                                                                                                                
Representative Petersen - from evening plane time, February 6 to                                                                
morning plane time, February 9                                                                                                  
                                                                                                                                
Representative Edgmon - from evening plane time, February 6 to                                                                  
morning plane time, February 9                                                                                                  
                                                                                                                                
Representative Dahlstrom - from evening plane time, February 6 to                                                               
morning plane time, February 9                                                                                                  
                                                                                                                                
HB 78                                                                                                                         
Representative Olson moved and asked unanimous consent to remove                                                                
his name as prime sponsor and add the House Labor & Commerce                                                                    
Committee as prime sponsor to the following:                                                                                    
                                                                                                                                
     HOUSE BILL NO. 78                                                                                                          
     "An Act extending the termination date of the Board of Public                                                              
     Accountancy; and providing for an effective date."                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
HB 80                                                                                                                         
The Speaker added a Finance Committee referral for the following:                                                               
                                                                                                                                
     HOUSE BILL NO. 80                                                                                                          
     "An Act relating to the Joint Armed Services Committee and its                                                             
     Homeland Security and Emergency Management Subcommittee;                                                                   
     and providing for an effective date."                                                                                      
                                                                                                                                

2009-01-28                     House Journal                      Page 0107
HB 80 was removed from the Rules Committee and referred to the                                                                  
Finance Committee.                                                                                                              
                                                                                                                                
Representative Crawford moved and asked unanimous consent that the                                                              
following by Representatives Crawford, Gardner, Kawasaki, Tuck,                                                                 
Kerttula, Gruenberg, Petersen, Gara, Guttenberg, Cissna, Doogan,                                                                
Buch, Salmon, and Holmes be adopted as the Sense of the House:                                                                  
                                                                                                                                
"It is the sense of the House of Representatives that the Administration                                                        
should work with Congress and the President to explore ways for the                                                             
economic stimulus package currently before them to encourage the                                                                
Alaska Gas Pipeline.                                                                                                            
                                                                                                                                
Construction of the pipeline will provide many thousands of jobs for                                                            
Alaskans, and providing materials would be a significant stimulus to                                                            
the American steel and other manufacturing industries."                                                                         
                                                                                                                                
Representative Coghill objected.                                                                                                
                                                                                                                                
Representative Crawford moved and asked unanimous consent that                                                                  
consideration of the Sense of the House be postponed until January 30,                                                          
2009.  There being no objection, it was so ordered.                                                                             
                                                                                                                                
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
notice and publication requirements be waived and the citations,                                                                
Honoring - Father Norman Elliott and Honoring - Dr. Ruth Gruber, be                                                             
taken up as a Special Order of Business.  There being no objection, it                                                          
was so ordered.                                                                                                                 
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House approve the citations.  There being no objection, the following                                                           
citations were approved and sent to enrolling:                                                                                  
                                                                                                                                
Honoring - Father Norman Elliott                                                                                                
By Senators French, Ellis; Representatives Chenault, Buch, Cissna,                                                              
Coghill, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner,                                                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   

2009-01-28                     House Journal                      Page 0108
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                
Stoltze, Thomas, Tuck, Wilson                                                                                                   
                                                                                                                                
Honoring - Dr. Ruth Gruber                                                                                                      
By Representatives Harris, Chenault, Buch, Cissna, Coghill,                                                                     
Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto,                                                                    
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz,                                                                 
Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, Wilson                                                                                                                    
                                                                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 30                                                                                                                         
Representatives Kerttula and Herron added their names as cosponsors                                                             
to:                                                                                                                             
                                                                                                                                
     HOUSE BILL NO. 30                                                                                                          
     "An Act repealing the defined contribution retirement plans for                                                            
     teachers and for public employees; providing a defined benefit                                                             
     retirement plan for teachers and public employees; making                                                                  
       conforming amendments; and providing for an effective date."                                                            
                                                                                                                                
HB 50                                                                                                                         
Representative Foster added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 50                                                                                                          
     "An Act relating to limitations on mandatory overtime for                                                                  
     registered nurses and licensed practical nurses in health care                                                             
     facilities; and providing for an effective date."                                                                          
                                                                                                                                
HB 87                                                                                                                         
Representatives Gardner, Kerttula, and Kawasaki added their names as                                                            
cosponsors to:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 87                                                                                                          
     "An Act waiving payment of premiums for major medical                                                                      
     insurance under the defined benefit retirement plan for public                                                             

2009-01-28                     House Journal                      Page 0109
     employees for disabled peace officers who have at least 20 years                                                           
     of credited service as peace officers."                                                                                    
                                                                                                                                
                        ENGROSSMENT AND ENROLLMENT                                                                           
                                                                                                                                
HR 1                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 3:10 p.m., January 27, 2009:                                                                      
                                                                                                                                
     HOUSE RESOLUTION NO. 1                                                                                                     
     Establishing a House Special Committee on Economic                                                                         
     Development, Trade, and Tourism.                                                                                           
                                                                                                                                
     House Resolve No. 1                                                                                                        
                                                                                                                                
HR 2                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 3:10 p.m., January 27, 2009:                                                                      
                                                                                                                                
     HOUSE RESOLUTION NO. 2                                                                                                     
      Relating to establishing a House Special Committee on Energy.                                                            
                                                                                                                                
     House Resolve No. 2                                                                                                        
                                                                                                                                
HR 3                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 3:10 p.m., January 27, 2009:                                                                      
                                                                                                                                
     HOUSE RESOLUTION NO. 3                                                                                                     
     Establishing a House Special Committee on Fisheries.                                                                       
                                                                                                                                
     House Resolve No. 3                                                                                                        
                                                                                                                                
HR 4                                                                                                                          
The following was engrossed and enrolled, signed by the Speaker and                                                             
Chief Clerk, and the engrossed and enrolled copies were transmitted to                                                          
the Office of the Governor at 3:10 p.m., January 27, 2009:                                                                      
                                                                                                                                

2009-01-28                     House Journal                      Page 0110
     HOUSE RESOLUTION NO. 4                                                                                                     
     Establishing a House Special Committee on Military and                                                                     
     Veterans' Affairs.                                                                                                         
                                                                                                                                
     House Resolve No. 4                                                                                                        
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 11:00 a.m., January 30, 2009.  There being no                                                               
objection, the House adjourned at 12:16 p.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk