Legislature(2009 - 2010)

2009-02-16 House Journal

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2009-02-16                     House Journal                      Page 0257
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                 TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday              February 16, 2009                                                       
                                                                                                                                
                            Twenty-eighth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:02 a.m.                                                                                                          
                                                                                                                                
Roll call showed 33 members present.  Representatives Austerman,                                                                
Crawford, and Hawker had been excused from a call of the House                                                                  
today.                                                                                                                          
                                                                                                                                
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:                                                                                
                                                                                                                                
Representative Salmon - from today to morning plane time,                                                                       
February 17                                                                                                                     
                                                                                                                                
Representative Johnson - from today to morning plane time,                                                                      
February 17                                                                                                                     
                                                                                                                                
Representative Kawasaki - to 1:30 p.m., plane time, today                                                                       
                                                                                                                                
Representative Dahlstrom - to evening plane time, today                                                                         
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend George                                                                 
Silides of Holy Trinity Episcopal Church.  Representative Gatto                                                                 
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
         With deepest respect for the religious traditions of all                                                              
     Alaskans, I offer this prayer.                                                                                             
                                                                                                                                

2009-02-16                     House Journal                      Page 0258
     Most holy good and gracious God, creator and preserver of all                                                              
     things; keep us ever mindful of our place within your creation,                                                            
     our dependence upon land and sea and all they provide us,                                                                  
     and of our place and work as stewards of riches not of our                                                                 
     own making.  Keep us ever mindful that they provide not just                                                               
     our livelihood but life itself.                                                                                            
                                                                                                                                
     We give you thanks for all who have led us by word and                                                                     
     example into each new day, each better day truer to our best                                                               
     selves and worthy ambitions.  We pray their examples will                                                                  
     lead us this day to make decisions in the best interest of every                                                           
     Alaskan in every corner of this great land, howsoever far                                                                  
     removed from these halls of power they may be - by physical                                                                
     distance or social status.  In all the long hours and trying                                                               
     decisions of their day, grant these servants of the people a due                                                           
     sense of the gratitude and appreciation we hold for them.  To                                                              
     their families who share them with us for a season, may every                                                              
     grace and protection be given, may no hardship prevail, and                                                                
     every reunion bring joy.                                                                                                   
                                                                                                                                
     For all the possibilities this new day brings, we thank you.                                                               
     For every challenge which calls from us our best efforts and                                                               
     creativity, we thank you.  For partners, fellowship, and wise                                                              
     counsel from those we would not have thought of but in your                                                                
     providence provide us this day, we thank you.  Upon this                                                                   
     House may your grace abound.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Edgmon.                                                                      
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                    ththth                                                                                                      
journal for the 25, 26, and 27 legislative days be approved as                                                                  
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                                * * * * *                                                                                    
                                                                                                                                
Representative Kerttula introduced Conrad Kapsner, Guest Page, from                                                             
Juneau.                                                                                                                         
                                                                                                                                

2009-02-16                     House Journal                      Page 0259
                              COMMUNICATIONS                                                                                 
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Education & Early Development                                                                                          
Office of the Commissioner                                                                                                      
Annual Report on Progress Toward                                                                                                
High Academic Performance by All Students                                                                                       
February 13, 2009                                                                                                               
(as required by AS 14.03.078)                                                                                                   
                                                                                                                                
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 93                                                                                                                         
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 93                                                                                                          
     "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."                                                                                                           
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Lynn, Buch, Neuman, Chenault, Olson                                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 93 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 102                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                

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     HOUSE BILL NO. 102                                                                                                         
     "An Act relating to the Uniform Commercial Code, to the general                                                            
     provisions of the Uniform Commercial Code, to documents of title                                                           
     under the Uniform Commercial Code, to the Uniform Electronic                                                               
     Transactions Act, and to lease-purchases of personal property;                                                             
     amending Rules 403 and 902, Alaska Rules of Evidence; and                                                                  
     providing for an effective date."                                                                                          
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
No recommendation (5):  Lynn, Buch, Neuman, Chenault, Olson                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 102 was referred to the Judiciary Committee.                                                                                 
                                                                                                                                
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - The Salvation Army, Over 100 Years of Service in                                                                     
Southeast Alaska                                                                                                                
By Representatives Munoz, Kerttula; Senator Elton                                                                               
                                                                                                                                
In Memoriam - William L. Major                                                                                                  
By Senator Thomas; Representative Guttenberg                                                                                    
                                                                                                                                
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 135                                                                                                                        
HOUSE BILL NO. 135 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                

2009-02-16                     House Journal                      Page 0261
     "An Act providing for an effective date by delaying the effective                                                          
     date of the change of coverage of adult dental services under                                                              
     Medicaid; and providing for an effective date."                                                                            
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 23, 2009, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill extending the termination date for enhanced adult                                                           
dental services under Medicaid, for five years.  Historically, adults                                                           
enrolled in Medicaid were only eligible for dental care that addressed                                                          
immediate relief of pain and acute infection, which often resulted in                                                           
tooth extractions.  In 2006, the Legislature authorized an enhanced                                                             
program, which provides preventative and restorative services to                                                                
needy eligible adults under the Medicaid program.  This bill would                                                              
continue this enhanced program for an additional five years.                                                                    
                                                                                                                                
The Department of Health and Social Services reports that the                                                                   
program has provided access to essential dental services to needy                                                               
vulnerable Alaskan adults who otherwise may not have access to these                                                            
services.  Coverage of routine dental care may reduce complications of                                                          
pregnancy, diabetes, and cardiovascular disease.  Over the long-term                                                            
the enhanced dental services offer opportunities for cost-savings as the                                                        
services should result in decreased need for emergent dental care,                                                              
including cases of dental infection that require treatment in hospital                                                          
emergency rooms.                                                                                                                
                                                                                                                                
Additionally, denture services and restoration of decayed teeth have                                                            
assisted some adult Medicaid recipients with finding jobs or job                                                                
advancement opportunities.  This provides even more significant cost-                                                           

2009-02-16                     House Journal                      Page 0262
savings opportunities to the state and to Alaska's society as a whole, as                                                       
some indigent Alaskans become able to transition to greater financial                                                           
independence.                                                                                                                   
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"                                                                                      
                                                                                                                                
HB 136                                                                                                                        
HOUSE BILL NO. 136 by the House Judiciary Committee, entitled:                                                                  
                                                                                                                                
     "An Act limiting the release of certain information concerning                                                             
     certain public employees or officials."                                                                                    
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
HB 137                                                                                                                        
HOUSE BILL NO. 137 by Representatives Coghill and Dahlstrom,                                                                    
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to an interstate compact on educational                                                                   
     opportunity for military children; amending Rules 4 and 24,                                                                
     Alaska Rules of Civil Procedure; and providing for an effective                                                            
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Education, Judiciary, and                                                           
Finance Committees.                                                                                                             
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                      SECOND READING OF HOUSE BILLS                                                                          
                                                                                                                                
HB 104                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                

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     HOUSE BILL NO. 104                                                                                                         
     "An Act adjusting certain fees for treatment or services under the                                                         
     Alaska Workers' Compensation Act to reflect changes in the                                                                 
     Consumer Price Index; and providing for an effective date."                                                                
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 L&C RPT 4DP 2NR                                                       224                                                      
 FN1: ZERO(LWF)                                                        224                                                      
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
HB 104 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.                                                                                                        
                                                                                                                                
Representative Kerttula objected.                                                                                               
                                                                                                                                
HB 104 will advance to third reading on the February 18, 2009,                                                                  
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 - Brad Oleson, North Pole Patriot No. 23                                                                               
By Representatives Coghill, Chenault, Buch, Cissna, 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; Senator Therriault                                                                                        
                                                                                                                                
In Memoriam - Jeffrey Peede                                                                                                     
By Representatives Coghill, Chenault, Buch, Cissna, 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                                                                                                   

2009-02-16                     House Journal                      Page 0264
In Memoriam - McKinnon "Mac" Behrends                                                                                           
By Senators Huggins, Elton; Representatives Kerttula, Munoz,                                                                    
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, Lynn, Millett, Neuman, Olson,                                                                   
Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson                                                                 
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HJR 12                                                                                                                        
The Speaker waived the State Affairs Committee referral for the                                                                 
following at the request of Representative Lynn, Chair:                                                                         
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 12                                                                                              
     Relating to the Ground-based Midcourse Defense System.                                                                     
                                                                                                                                
HJR 12 was removed from the State Affairs Committee and referred to                                                             
the Rules Committee for placement on the calendar.                                                                              
                                                                                                                                
HJR 17                                                                                                                        
Representative Gatto 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.                                                                   
                                                                                                                                
HB 20                                                                                                                         
Representative Johansen added his name as cosponsor to:                                                                         
                                                                                                                                
     HOUSE BILL NO. 20                                                                                                          
     "An Act relating to commercial fishing loans for energy efficiency                                                         
     upgrades."                                                                                                                 
                                                                                                                                
HB 108                                                                                                                        
Representative Gatto added his name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE BILL NO. 108                                                                                                         
     "An Act relating to real property foreclosures, to the sale of                                                             
     property on execution, and to deeds of trust."                                                                             
                                                                                                                                

2009-02-16                     House Journal                      Page 0265
HB 119                                                                                                                        
Representative Harris added his 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 130                                                                                                                        
Representative Gardner added her name as cosponsor to:                                                                          
                                                                                                                                
     HOUSE BILL NO. 130                                                                                                         
     "An Act relating to questionnaires and surveys administered in the                                                         
     public schools."                                                                                                           
                                                                                                                                
                              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 18, 2009.  There being no                                                              
objection, the House adjourned at 11:36 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk