Legislature(2009 - 2010)

2009-03-09 House Journal

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2009-03-09                     House Journal                      Page 0405
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - FIRST SESSION                                                                      
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Monday                  March 9, 2009                                                         
                                                                                                                                
                            Forty-ninth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:32 a.m.                                                                                                          
                                                                                                                                
Roll call showed 29 members present.  Representatives Gatto,                                                                    
Johansen, Kerttula, Millett, and Wilson had been excused from a call                                                            
of the House today.  Representatives Kelly, Stoltze, and Thomas were                                                            
absent and their presence was noted later.  Representatives Hawker                                                              
and Salmon were absent.                                                                                                         
                                                                                                                                
Representative Dahlstrom, Acting Majority Leader, moved and asked                                                               
unanimous consent that Representative Ramras be excused from a call                                                             
of the House today.  There being no objection, it was so ordered.  His                                                          
presence was noted later.                                                                                                       
                                                                                                                                
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Bob                                                                    
Stevens of St. Brendan's Episcopal Church.  Representative Buch                                                                 
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
   In deepest respect for the religious beliefs of all persons here,                                                           
   I invite you into a time of prayer and reflection.  Let us pray.                                                            
                                                                                                                                
    God our Creator:  We thank you today for the beauty of this                                                                 
    state and those we share it with.  As we come together this                                                                 
    day with open minds and hearts to do the work we are given,                                                                 
    let us remember those whom we represent.                                                                                    
                                                                                                                                

2009-03-09                     House Journal                      Page 0406
       Help us to understand that we are all here with a common                                                                
         purpose and make us of one mind and heart to make the                                                                 
    decisions that will guide this state in the future.                                                                         
                                                                                                                                
     Creator, this day is a gift we only have once - let us use it                                                             
      wisely in your honor.  Let us begin this week with renewed                                                               
    energy and purpose for the benefit of all.                                                                                  
                                                                                                                                
    All this we ask in your name.  Amen.                                                                                        
                                                                                                                                
The Pledge of Allegiance was led by Representative Gara.                                                                        
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Dahlstrom moved and asked unanimous consent that                                                                 
                      ndrdththththth                                                                                            
the journal for the 42, 43, 44, 45, 46, 47, and 48 legislative                                                                  
days be approved as certified by the Chief Clerk.  There being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Lynn introduced Nathan Rabang, Guest Page, from                                                                  
Anchorage.                                                                                                                      
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
A message dated March 2, 2009, was read stating the Senate passed                                                               
the following, and they are transmitted for consideration:                                                                      
                                                                                                                                
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 29                                                                                                                         
SENATE BILL NO. 29 by Senators Elton, Ellis, Therriault, Paskvan,                                                               
Thomas, and Wielechowski, entitled:                                                                                             
                                                                                                                                
    "An Act naming the Capitol Annex the Thomas B. Stewart                                                                      
    Legislative Office Building."                                                                                               
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs and State Affairs Committees.                                                                                           
                                                                                                                                

2009-03-09                     House Journal                      Page 0407
SB 111                                                                                                                        
SENATE BILL NO. 111 by Senator Olson, entitled:                                                                                 
                                                                                                                                
    "An Act relating to the duration of a certificate of compliance for                                                         
    an intrastate air service provider; and providing for an effective                                                          
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the Transportation Committee.                                                           
                                                                                                                                
**The presence of Representatives Thomas and Kelly was noted.                                                                   
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Megan Gunyah, Boys and Girls Club of Alaska Student of                                                               
the Year                                                                                                                        
By Representative Thomas; Senator Kookesh                                                                                       
                                                                                                                                
Honoring - Wally Leask                                                                                                          
By Representative Thomas; Senator Kookesh                                                                                       
                                                                                                                                
Honoring - Ruth and Jack Jefford                                                                                                
By Representative Hawker                                                                                                        
                                                                                                                                
Honoring - Laura Beck                                                                                                           
By Representative Seaton                                                                                                        
                                                                                                                                
Honoring - Superior Court Judge Mark I. Wood                                                                                    
By Representative Kawasaki                                                                                                      
                                                                                                                                
Honoring - Friends of the Anchorage Coastal Wildlife Refuge                                                                     
By Representative Buch                                                                                                          
                                                                                                                                
Honoring - Lathrop High School, 4A State Hockey Champions                                                                       
By Representative Kawasaki; Senator Paskvan                                                                                     
                                                                                                                                
                                                  th                                                                            
Honoring - First Lieutenant Diana Kostrna, 354 Operations Support                                                               
Squadron, Eielson AFB Company Grade Officer of the Year                                                                         
By Senator Therriault; Representative Harris                                                                                    
                                                                                                                                

2009-03-09                     House Journal                      Page 0408
In Memoriam - Arne Olsson                                                                                                       
By Representative Thomas; Senator Kookesh                                                                                       
                                                                                                                                
In Memoriam - Nadia Mullan                                                                                                      
By Senator Stevens; Representative Austerman                                                                                    
                                                                                                                                
In Memoriam - Calvin Luther Luddington III                                                                                      
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Edward W. McDonald                                                                                                
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Jennifer Ann Stanberry                                                                                            
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Robert Earle Mason                                                                                                
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - George Ralph Littles                                                                                              
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Estelita Pelayo Abello                                                                                            
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Gwendolyn L. Irby                                                                                                 
By Senator Davis                                                                                                                
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HCR 11                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 11 by Representatives                                                                           
Fairclough, Holmes, Dahlstrom, and Herron:                                                                                      
                                                                                                                                
    Proclaiming the month of April 2009 to be Sexual Assault                                                                    
    Awareness Month.                                                                                                            
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                

2009-03-09                     House Journal                      Page 0409
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 167                                                                                                                        
HOUSE BILL NO. 167 by Representatives Coghill, Harris, and                                                                      
Holmes, entitled:                                                                                                               
                                                                                                                                
    "An Act relating to a corporation income tax credit for                                                                     
    contributions by a person owning or operating a commercial                                                                  
    passenger vessel to a qualified trade association that was awarded                                                          
    a contract by the Department of Commerce, Community, and                                                                    
    Economic Development, and used for planning and executing a                                                                 
    destination tourism marketing campaign."                                                                                    
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 168                                                                                                                        
HOUSE BILL NO. 168 by Representative Coghill, entitled:                                                                         
                                                                                                                                
    "An Act relating to state certification and designation of trauma                                                           
    centers; creating the uncompensated trauma care fund to offset                                                              
    uncompensated trauma care provided at certified and designated                                                              
    trauma centers; and providing for an effective date."                                                                       
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
HB 169                                                                                                                        
HOUSE BILL NO. 169 by Representative Coghill, entitled:                                                                         
                                                                                                                                
    "An Act appropriating $5,000,000 to the uncompensated trauma                                                                
    care fund; and providing for an effective date."                                                                            
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
**The presence of Representative Stoltze was noted.                                                                             
                                                                                                                                
HB 170                                                                                                                        
HOUSE BILL NO. 170 by Representative Chenault, entitled:                                                                        
                                                                                                                                

2009-03-09                     House Journal                      Page 0410
    "An Act repealing the authority for day fines."                                                                             
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
HB 171                                                                                                                        
HOUSE BILL NO. 171 by Representative Dahlstrom, entitled:                                                                       
                                                                                                                                
    "An Act authorizing the transfer of two parcels of land from the                                                            
    Alaska Railroad Corporation to the Municipality of Anchorage;                                                               
    and providing for an effective date."                                                                                       
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs and Transportation Committees.                                                                                          
                                                                                                                                
HB 172                                                                                                                        
HOUSE BILL NO. 172 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to an investment in the education loan fund;                                                               
    relating to authority for the commissioner of revenue to enter into                                                         
    a bond purchase agreement and letter of credit with the Alaska                                                              
    Student Loan Corporation; and providing for an effective date."                                                            
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
2.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
The Governor's transmittal letter dated March 3, 2009, follows:                                                                 
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to an investment in the                                                         
education loan fund, and relating to the authority of the commissioner                                                          
of the Department of Revenue (DOR) to enter into a bond purchase                                                                
agreement and letter of credit to the Alaska Student Loan Corporation.                                                          
                                                                                                                                

2009-03-09                     House Journal                      Page 0411
The bill would allow the DOR commissioner, during times when the                                                                
education loan fund is unable to finance loan demand through the                                                                
issuance of bonds, to invest money in the education loan fund for the                                                           
purpose of financing education loans.  The corporation would be                                                                 
allowed to pledge education loans to secure the investment of state                                                             
funds.  The bill would further require the corporation to repay the                                                             
money received and cover the costs associated with the investment.                                                              
                                                                                                                                
The bill also would allow the DOR commissioner to provide the                                                                   
corporation with a standby bond purchase agreement and a letter of                                                              
credit when market conditions relating to credit enhancement                                                                    
mechanisms are uneconomical.                                                                                                    
                                                                                                                                
These measures are necessary to avoid a disruption in education loan                                                            
services provided by the Alaska Student Loan Corporation.                                                                       
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
                              Sincerely,                                                                                       
                              /s/                                                                                               
                              Sarah Palin                                                                                      
                               Governor"                                                                                       
                                                                                                                                
HB 173                                                                                                                        
HOUSE BILL NO. 173 by Representative Kawasaki, entitled:                                                                        
                                                                                                                                
    "An Act authorizing the conveyance of certain land of the Alaska                                                            
    Railroad Corporation to the Department of Transportation and                                                                
    Public Facilities; and providing for an effective date."                                                                    
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs and Transportation Committees.                                                                                          
                                                                                                                                
HB 174                                                                                                                        
HOUSE BILL NO. 174 by Representatives Lynn, Coghill, Munoz,                                                                     
Keller, and Chenault, entitled:                                                                                                 
                                                                                                                                
    "An Act relating to post-conviction DNA testing; and amending                                                               
    Rule 35.1, Alaska Rules of Criminal Procedure."                                                                             
                                                                                                                                

2009-03-09                     House Journal                      Page 0412
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 175                                                                                                                        
HOUSE BILL NO. 175 by the House Labor and Commerce                                                                              
Committee, entitled:                                                                                                            
                                                                                                                                
    "An Act relating to insurance, including treating as confidential                                                           
    certain information submitted to the director of insurance by the                                                           
    National Association of Insurance Commissioners; clarifying                                                                 
    conditions for the release of insurer deposits; defining travel                                                             
    insurance that may be sold under a travel insurance limited                                                                 
    producer license; establishing criteria for licensing of nonresident                                                        
    independent adjusters as resident adjusters; exempting rewards                                                              
    under a wellness program from treatment as insurance                                                                        
    discrimination or rebating; making certain insurance required of                                                            
    the Comprehensive Health Insurance Association permissive                                                                   
    rather than mandatory; providing for the administration of loss                                                             
    reimbursement policies and payments to guaranty associations                                                                
    during insolvency proceedings; making certain provisions relating                                                           
    to statements on applications and guaranteed renewability for                                                               
    individual health insurance applicable to hospital and medical                                                              
    service corporations; making public certain forms and related                                                               
    documents filed for approval by a hospital or medical service                                                               
    corporation after the filing becomes effective; relating to deposits                                                        
    of self-funded multiple employer welfare arrangements; repealing                                                            
    reasons that the director of insurance may use to deny or revoke a                                                          
    license; and providing for an effective date."                                                                              
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 176                                                                                                                        
HOUSE BILL NO. 176 by Representative Cissna, entitled:                                                                          
                                                                                                                                
    "An Act relating to break times for employees who nurse a child."                                                           
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Labor & Commerce Committees.                                                                                                
                                                                                                                                

2009-03-09                     House Journal                      Page 0413
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                 SECOND READING OF SENATE RESOLUTIONS                                                                        
                                                                                                                                
SCR 1                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 1                                                                                          
    Relating to establishing March 2009 as Brain Injury Awareness                                                               
    Month.                                                                                                                      
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 HSS RPT 5DP                                                        396                                                         
 FN1: ZERO(LEG)                                                     396                                                         
                                                                                                                                
The question being:  "Shall SCR 1 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
SCR 1                                                                                                                           
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  32   NAYS:  0   EXCUSED:  6   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Coghill, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner,                                                                   
Gruenberg, Guttenberg, Harris, Herron, Holmes, Johnson, Joule,                                                                  
Kawasaki, Keller, Kelly, Lynn, Munoz, Neuman, Olson, Petersen,                                                                  
Seaton, Stoltze, Thomas, Tuck                                                                                                   
                                                                                                                                
Excused:  Gatto, Johansen, Kerttula, Millett, Ramras, Wilson                                                                    
                                                                                                                                
Absent:  Hawker, Salmon                                                                                                         
                                                                                                                                
And so, SCR 1 passed the House, was signed by the Speaker and                                                                   
Chief Clerk, and returned to the Senate.                                                                                        
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Dahlstrom 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:                                                         
                                                                                                                                

2009-03-09                     House Journal                      Page 0414
Honoring - Maribeth Buechel                                                                                                     
By Senator Hoffman; Representatives Edgmon, Chenault, Buch,                                                                     
Cissna, Coghill, Crawford, Dahlstrom, Doogan, 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                                                                                           
                                                                                                                                
In Memoriam - Ruth Tatqavin Sampson                                                                                             
By Representatives Joule, Chenault, Buch, Cissna, Coghill, Crawford,                                                            
Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner,                                                                   
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes,                                                                   
Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett,                                                            
Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze,                                                                
Thomas, Tuck, Wilson; Senator Olson                                                                                             
                                                                                                                                
**The presence of Representative Ramras, who was excused (page                                                                  
405), was noted.                                                                                                                
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Dahlstrom moved and asked unanimous consent that                                                                 
the following member be excused from a call of the House.  There                                                                
being no objection, the member was excused as noted:                                                                            
                                                                                                                                
Representative Ramras - from evening plane time, March 9 to evening                                                             
plane time, March 10                                                                                                            
                                                                                                                                
                                                                                                                                
HB 14                                                                                                                         
Representative Seaton added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 14                                                                                                           
    "An Act designating the Alaskan malamute as the official state                                                              
    dog."                                                                                                                       
                                                                                                                                
HB 105                                                                                                                        
Representative Munoz added her name as cosponsor to:                                                                            
                                                                                                                                

2009-03-09                     House Journal                      Page 0415
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 105                                                                                   
    "An Act relating to the state training and employment program;                                                              
    and providing for an effective date."                                                                                       
                                                                                                                                
HB 161                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 161                                                                                                          
    "An Act relating to the Alaska Mental Health Trust Authority                                                                
    Subport Office Building; authorizing the issuance of certificates of                                                        
    participation for construction of the building and authorizing the                                                          
    use of up to $25,000,000 from the mental health trust fund for                                                              
    construction of the building; approving leases of all or part of the                                                        
    building by the Department of Administration; and providing for                                                             
    an effective date."                                                                                                         
                                                                                                                                
                                                                                                                                
HB 166                                                                                                                        
Representative Buch added his name as cosponsor to:                                                                             
                                                                                                                                
    HOUSE BILL NO. 166                                                                                                          
    "An Act relating to the Southeast energy fund."                                                                             
                                                                                                                                
                                                                                                                                
SCR 1                                                                                                                         
Representatives Gruenberg, Johnson, and Dahlstrom added their                                                                   
names as cross sponsors to:                                                                                                     
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 1                                                                                          
    Relating to establishing March 2009 as Brain Injury Awareness                                                               
    Month.                                                                                                                      
                                                                                                                                
                                                                                                                                
SB 29                                                                                                                         
Representative Kerttula added her name as cross sponsor to:                                                                     
                                                                                                                                
    SENATE BILL NO. 29                                                                                                          
    "An Act naming the Capitol Annex the Thomas B. Stewart                                                                      
    Legislative Office Building."                                                                                               
                                                                                                                                

2009-03-09                     House Journal                      Page 0416
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Dahlstrom moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., March 12, 2009.  There being no                                                             
objection, the House adjourned at 11:27 a.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk