Legislature(2009 - 2010)

2009-02-13 House Journal

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                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                      
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Friday             February 13, 2009                                                         
                                                                                                                                
                           Twenty-fifth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:01 a.m.                                                                                                          
                                                                                                                                
Roll call showed 32 members present.  Representatives Austerman,                                                                
Cissna, Gatto, Hawker, Herron, and Salmon had been excused from a                                                               
call of the House today.  Representative Harris was absent.                                                                     
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Representative Thomas be excused from a call of the House from                                                                  
today to evening plane time, February 15.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Kenneth                                                                
Chadwick of Glacier Valley Baptist Church.  Representative Kelly                                                                
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
    To you, my God, I lift my prayer - to you, maker of heaven                                                                  
    and earth.                                                                                                                  
                                                                                                                                
    I thank you for the many blessings of life.  I thank you for                                                                
    shelter from the elements.  I thank you for the abundance of                                                                
    food and clothing that you have provided.  I read that every                                                                
    good and perfect gift comes from your bountiful hand.  It                                                                   
    would be unfitting to take for granted all of the material                                                                  
    blessings which you give without having a thankful heart.                                                                   
    Thank you!                                                                                                                  
                                                                                                                                
    I ask your blessing on this assembled body.  I ask you to                                                                   
    provide a measure of your wisdom to each one present so that                                                                

2009-02-13                     House Journal                      Page 0242
    they may accomplish the work that has been assigned to them.                                                                
    I ask that the end product of their labor would result in better                                                            
    governance for all the people of our state.  May none forget                                                                
    that they have been elected to advance the greater good for all                                                             
    the people and not for the personal advancement of any one                                                                  
    person or group.  At the same time may they champion the                                                                    
    cause of the down-trodden and needy people of our state.                                                                    
                                                                                                                                
    I pray that where there is injustice there may be recourse.  I                                                              
    pray that where there is selfishness, generosity will overcome                                                              
    it.  I pray that where there is pain there may be a soothing                                                                
    ointment.  I pray that where there is strife, peace will supplant                                                           
    it.  I pray that where there is peace it will be multiplied.  I                                                             
    pray that unity will replace division.  And I pray that evil will                                                           
    always be overcome with good.                                                                                               
                                                                                                                                
    I thank you, God, for hearing my prayer.  I pray in the name                                                                
    of Jesus, my Lord and Savior.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Buch.                                                                        
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                   rdth                                                                                                         
journal for the 23 and 24 legislative days and Senate and House                                                                 
Joint Journal Supplement No. 3 be approved as certified by the Chief                                                            
Clerk.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
                      MESSAGES FROM THE GOVERNOR                                                                             
                                                                                                                                
HJR 11                                                                                                                        
A message dated February 12, 2009, was read stating the Governor                                                                
read the following resolution and is transmitting the engrossed and                                                             
enrolled copies to the Lieutenant Governor's office for permanent                                                               
filing:                                                                                                                         
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                                             
    11(FIN)                                                                                                                     
    Relating to the federal stimulus package.                                                                                   
                                                                                                                                
    Legislative Resolve No. 1                                                                                                   
                                                                                                                                

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                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
A message dated February 11, 2009, was read stating the Senate                                                                  
confirmed the following public members to the Select Committee on                                                               
Legislative Ethics:                                                                                                             
                                                                                                                                
    Dennis "Skip" Cook                                                                                                          
    Herman G. Walker, Jr.                                                                                                       
                                                                                                                                
The House ratified the appointments (pages 211-212).                                                                            
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Alaska Seafood Marketing Institute                                                                                              
Alaska Seafood 2009                                                                                                             
Performance Summary and Posture Statement                                                                                       
(as required by AS 16.51.100)                                                                                                   
                                                                                                                                
Dept. of Labor & Workforce Development                                                                                          
Alaska Workforce Investment Board (AWIB)                                                                                        
2007 Training Program Performance Report                                                                                        
Available at www.labor.state.ak.us/awib/home/htm                                                                              
(as required by AS 23.15.580)                                                                                                   
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 63                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 63                                                                                                           
    "An Act relating to the Council on Domestic Violence and Sexual                                                             
    Assault."                                                                                                                   
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 63(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                

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The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Johnson, Gatto, Seaton, Gruenberg, Wilson, Petersen,                                                              
Lynn                                                                                                                            
                                                                                                                                
The following fiscal note(s) apply to CSHB 63(STA):                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Fiscal, Dept. of Public Safety                                                                                              
                                                                                                                                
HB 63 was referred to the Finance Committee.                                                                                    
                                                                                                                                
HB 85                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 85                                                                                                           
    "An Act extending the termination date of the State Board of                                                                
    Registration for Architects, Engineers, and Land Surveyors; and                                                             
    providing for an effective date."                                                                                           
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Lynn, Buch, Coghill, Neuman, Holmes, Olson                                                                        
                                                                                                                                
No recommendation (1):  Chenault                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1. Fiscal, Dept. of Commerce, Community, & Economic Development                                                                 
                                                                                                                                
HB 85 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                

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Honoring - Brad Oleson, North Pole Patriot No. 23                                                                               
By Representative Coghill; Senator Therriault                                                                                   
                                                                                                                                
In Memoriam - Jeffrey Peede                                                                                                     
By Representative Coghill                                                                                                       
                                                                                                                                
In Memoriam - McKinnon "Mac" Behrends                                                                                           
By Senators Huggins, Elton; Representatives Kerttula, Munoz                                                                     
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HR 6                                                                                                                          
HOUSE RESOLUTION NO. 6 by Representatives Stoltze, Thomas,                                                                      
Chenault, Austerman, Coghill, Dahlstrom, Edgmon, Fairclough,                                                                    
Foster, Gatto, Harris, Herron, Johansen, Johnson, Joule, Keller, Kelly,                                                         
Lynn, Munoz, Neuman, Olson, Ramras, Seaton, and Millett:                                                                        
                                                                                                                                
    Encouraging the Alaska Mental Health Trust Authority to develop                                                             
    its land and resources to the fullest extent possible consistent with                                                       
    its legal and moral responsibility to provide jobs and protect and                                                          
    enhance the lives of those who benefit from the mental health                                                               
    trust.                                                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HCR 8                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 8 by Representative                                                                             
Gruenberg:                                                                                                                      
                                                                                                                                
    Proposing amendments to the Uniform Rules of the Alaska State                                                               
    Legislature relating to withdrawing measures, to sponsors of                                                                
    measures, to prefiling measures, and to the three readings of bills.                                                        
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 127                                                                                                                        
HOUSE BILL NO. 127 by Representative Stoltze, entitled:                                                                         
                                                                                                                                

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    "An Act providing that the Alaska Railroad Corporation is subject                                                           
    to the Executive Budget Act and providing that expenditures of                                                              
    the Alaska Railroad Corporation are subject to appropriation; and                                                           
    providing for an effective date."                                                                                           
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
HB 128                                                                                                                        
HOUSE BILL NO. 128 by Representative Gruenberg, entitled:                                                                       
                                                                                                                                
    "An Act relating to introduction of measures and to fiscal notes                                                            
    for measures."                                                                                                              
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 129                                                                                                                        
HOUSE BILL NO. 129 by Representative Ramras, entitled:                                                                          
                                                                                                                                
    "An Act providing authority to the Real Estate Commission to                                                                
    revoke real estate salesperson licenses of persons convicted of                                                             
    certain crimes."                                                                                                            
                                                                                                                                
was read the first time and referred to the Labor & Commerce                                                                    
Committee.                                                                                                                      
                                                                                                                                
HB 130                                                                                                                        
HOUSE BILL NO. 130 by Representative Wilson, entitled:                                                                          
                                                                                                                                
    "An Act relating to questionnaires and surveys administered in the                                                          
    public schools."                                                                                                            
                                                                                                                                
was read the first time and referred to the Education and Health &                                                              
Social Services Committees.                                                                                                     
                                                                                                                                
HB 131                                                                                                                        
HOUSE BILL NO. 131 by Representatives Holmes, Harris,                                                                           
Gruenberg, and Millett, entitled:                                                                                               
                                                                                                                                

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    "An Act relating to use of child safety seats and seat belts."                                                              
                                                                                                                                
was read the first time and referred to the Transportation and State                                                            
Affairs Committees.                                                                                                             
                                                                                                                                
HB 132                                                                                                                        
HOUSE BILL NO. 132 by Representatives Seaton and Gruenberg,                                                                     
entitled:                                                                                                                       
                                                                                                                                
    "An Act authorizing municipalities and nonprofit organizations to                                                           
    sponsor a program to encourage the safe use of bicycles as an                                                               
    alternative or supplement to motor vehicles; amending the duties                                                            
    of the Department of Commerce, Community, and Economic                                                                      
    Development to include administration of state funds appropriated                                                           
    for that purpose; and amending provisions of the program by                                                                 
    which state and federal aid allocated for highways may be used to                                                           
    support bicycle paths."                                                                                                     
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
HB 133                                                                                                                        
HOUSE BILL NO. 133 by Representative Wilson, entitled:                                                                          
                                                                                                                                
    "An Act relating to traffic control devices on highways and claims                                                          
    related to those devices; relating to designation of highway                                                                
    systems; making conforming amendments; and providing for an                                                                 
    effective date."                                                                                                            
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
HB 134                                                                                                                        
HOUSE BILL NO. 134 by Representatives Harris, Kelly, Millett,                                                                   
Johansen, Foster, Keller, Chenault, Coghill, Johnson, Wilson, and                                                               
Munoz, entitled:                                                                                                                
                                                                                                                                
    "An Act relating to the terms and conditions of commercial vessel                                                           
    permits for the discharge of graywater, treated sewage, and other                                                           
    waste water; and providing for an effective date."                                                                          
                                                                                                                                

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was read the first time and referred to the Community & Regional                                                                
Affairs and Resources Committees.                                                                                               
                                                                                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 100                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 100                                                                                                          
   "An Act relating to the Joseph C. Williams, Sr., Coastal Trail."                                                            
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 TRA RPT 6DP                                                        223                                                         
 FN1: ZERO(H.TRA/DOT)                                               223                                                         
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
HB 100 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
                                                                                                                                
HB 100 was read the third time.                                                                                                 
                                                                                                                                
                                                                                                                                
The question being:  "Shall HB 100 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
HB 100                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  31   NAYS:  0   EXCUSED:  7   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Buch, Chenault, Coghill, Crawford, Dahlstrom, Doogan,                                                                    
Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                                               
Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn,                                                                
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Seaton, Stoltze,                                                               
Tuck, Wilson                                                                                                                    
                                                                                                                                

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Excused:  Austerman, Cissna, Gatto, Hawker, Herron, Salmon,                                                                     
Thomas                                                                                                                          
                                                                                                                                
Absent:  Harris, Kawasaki                                                                                                       
                                                                                                                                
And so, HB 100 passed the House and was referred to the Chief Clerk                                                             
for engrossment.                                                                                                                
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Representative Crawford's excused absence (page 228) be extended to                                                             
morning plane time, February 17.  There being no objection, it was so                                                           
ordered.                                                                                                                        
                                                                                                                                
HJR 3                                                                                                                         
Representative Wilson added her name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 3                                                                                                
    Proposing an amendment to the Constitution of the State of                                                                  
    Alaska requiring an affirmative vote of the people before any form                                                          
    of gambling for profit may be authorized in Alaska and setting                                                              
    other requirements.                                                                                                         
                                                                                                                                
                                                                                                                                
HJR 17                                                                                                                        
Representative Kelly added his name as cosponsor to:                                                                            
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 17                                                                                               
    Urging the United States Congress to reject H.R. 45, the Blair                                                              
    Holt's Firearm Licensing and Record of Sale Act of 2009.                                                                    
                                                                                                                                
HJR 18                                                                                                                        
Representative Kelly added his name as cosponsor to:                                                                            
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 18                                                                                               
    Urging the United States Congress to refrain from passing                                                                   
    legislation that designates land in Area 1002 of the Arctic                                                                 
    National Wildlife Refuge as wilderness.                                                                                     
                                                                                                                                

2009-02-13                     House Journal                      Page 0250
HB 30                                                                                                                         
Representatives Edgmon and Gruenberg 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 87                                                                                                                         
Representatives Harris and Keller 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                                                              
    employees for disabled peace officers who have at least 20 years                                                            
    of credited service as peace officers."                                                                                     
                                                                                                                                
                                                                                                                                
HB 117                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 117                                                                                                          
    "An Act relating to locations of the meetings of the Board of                                                               
    Fisheries."                                                                                                                 
                                                                                                                                
HB 119                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 119                                                                                                          
    "An Act relating to manufacturing from natural gas products and                                                             
    limiting the production tax applicable to natural gas produced                                                              
    from a lease or property outside the Cook Inlet sedimentary basin                                                           
    and used for an end product that is manufactured in the state."                                                            
                                                                                                                                
HB 123                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                

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    HOUSE BILL NO. 123                                                                                                          
    "An Act extending the termination date of the Statewide Suicide                                                             
    Prevention Council; and providing for an effective date."                                                                   
                                                                                                                                
HB 125                                                                                                                        
Representative Gruenberg added his name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE BILL NO. 125                                                                                                          
    "An Act increasing the minimum hourly wage and creating an                                                                  
    annual adjustment to the minimum hourly wage based on the rate                                                              
    of inflation; and providing for an effective date."                                                                         
                                                                                                                                
HB 126                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 126                                                                                                          
    "An Act relating to continuing the secondary public education of a                                                          
    homeless student; relating to the purpose of certain laws as they                                                           
    relate to children; relating to tuition waivers, loans, and medical                                                         
    assistance for a child placed in out-of-home care by the state;                                                             
    relating to foster care; relating to children in need of aid; relating                                                      
    to foster care transition to independent living; and relating to                                                            
    juvenile programs and institutions."                                                                                        
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 100                                                                                                                        
HB 100 was engrossed, signed by the Speaker and Chief Clerk, and                                                                
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
                             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., February 16, 2009.  There being no                                                              
objection, the House adjourned at 11:43 a.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk