Legislature(2009 - 2010)
2009-03-25 House Journal
Full Journal pdf2009-03-25 House Journal Page 0573 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday March 25, 2009 Sixty-fifth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:34 a.m. Roll call showed 36 members present. Representatives Gatto and Holmes had been excused from a call of the House today. Representative Johansen moved and asked unanimous consent that Representatives Petersen and Stoltze be excused from a call of the House today. There being no objection, it was so ordered. The presence of Representative Stoltze was noted later. The invocation was offered by the Chaplain, the Reverend Sue Bahleda of Resurrection Lutheran Church. Representative Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With respect to the diversity of voices, beliefs, and practices that call out to a power beyond our individual selves, I offer the following prayer: Mighty One: We thank you for this day. May its light break into our preoccupations that we may be delighted by it and be renewed and strengthened for the work before us. We pray this day for this body, this House. Fill it with all truth and peace. Where it is right, strengthen it. Where it is amiss, direct it. Where it is in need, provide for it. Where it is divided, reunite it. We ask these things in hope and 2009-03-25 House Journal Page 0574 confidence for the sake of those gathered here who gladly serve and for the sake of the ones scattered throughout this state who trust in their service. Amen. The Pledge of Allegiance was led by Representative Hawker. CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the rdth journal for the 63 and 64 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Munoz introduced John Reid and Aaron Badilla, Guest Pages, from Juneau. Representative Thomas introduced Misty Milligrock, Guest Page, from Metlakatla. COMMUNICATIONS The following was received: Local Boundary Commission Annual Report to the First Session of the Twenty-Sixth Alaska State Legislature February 2009 REPORTS OF STANDING COMMITTEES HCR 13 The Finance Committee considered: HOUSE CONCURRENT RESOLUTION NO. 13 Certifying that the State of Alaska requests and will use any funds provided to the state, a state agency, a municipality, or a political subdivision of the state under the American Recovery and Reinvestment Act of 2009. 2009-03-25 House Journal Page 0575 The report was signed by Representatives Hawker and Stoltze, Co- chairs, with the following individual recommendations: Do pass (4): Joule, Austerman, Fairclough, Hawker No recommendation (4): Thomas, Crawford, Kelly, Stoltze The following fiscal note(s) apply: 1. Zero, Legislative Agency HCR 13 was referred to the Rules Committee for placement on the calendar. HJR 9 The Transportation Committee considered: HOUSE JOINT RESOLUTION NO. 9 Designating the Alaska Aviation Heritage Museum located at 4721 Aircraft Drive in Anchorage as the official headquarters for the State of Alaska's Centennial of Flight Celebration. The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (6): Johansen, Munoz, Doogan, Johnson, Gruenberg, Wilson The following fiscal note(s) apply: 1. Zero, House Transportation Committee HJR 9 was referred to the Rules Committee for placement on the calendar. HB 6 The Judiciary Committee considered: HOUSE BILL NO. 6 "An Act relating to cruelty to animals." 2009-03-25 House Journal Page 0576 and recommends it be replaced with: CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to proscribing certain sexual conduct or sexual activities as cruelty to animals." The report was signed by Representative Ramras, Chair, with the following individual recommendations: Do pass (4): Lynn, Gruenberg, Coghill, Gatto No recommendation (1): Ramras Amend (1): Holmes The following fiscal note(s) apply to CSHB 6(JUD): 1. Zero, Dept. of Corrections 2. Zero, Dept. of Law HB 6 was referred to the Finance Committee. HB 43 The Resources Committee considered: HOUSE BILL NO. 43 "An Act relating to aquatic farm permitting involving geoducks and to geoduck seed transfers between certified hatcheries and aquatic farms." The report was signed by Representative Johnson, Co-chair, with the following individual recommendations: Do pass (3): Tuck, Seaton, Johnson Do not pass (1): Kawasaki No recommendation (2): Olson, Wilson Amend (1): Guttenberg 2009-03-25 House Journal Page 0577 The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game HB 43 was referred to the Rules Committee for placement on the calendar. HB 73 The State Affairs Committee considered: HOUSE BILL NO. 73 "An Act relating to honorary foreign consul license plates; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 73(STA) "An Act relating to special fire fighter and emergency medical service provider license plates; and providing for an effective date." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (6): Johnson, Seaton, Gruenberg, Wilson, Petersen, Lynn The following fiscal note(s) apply to CSHB 73(STA): 1. Zero, Dept. of Administration HB 73 was referred to the Finance Committee. HB 78 The Finance Committee considered: HOUSE BILL NO. 78 "An Act extending the termination date of the Board of Public Accountancy; and providing for an effective date." 2009-03-25 House Journal Page 0578 The report was signed by Representatives Hawker and Stoltze, Co- chairs, with the following individual recommendations: Do pass (8): Thomas, Joule, Foster, Austerman, Fairclough, Kelly, Hawker, Stoltze The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 78 was referred to the Rules Committee for placement on the calendar. HB 86 The Finance Committee considered: HOUSE BILL NO. 86 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." The report was signed by Representatives Hawker and Stoltze, Co- chairs, with the following individual recommendations: Do pass (8): Thomas, Joule, Foster, Austerman, Kelly, Fairclough, Hawker, Stoltze The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 86 was referred to the Rules Committee for placement on the calendar. HB 129 The Rules Committee considered: HOUSE BILL NO. 129 "An Act providing authority to the Real Estate Commission to revoke real estate salesperson licenses of persons convicted of certain crimes." 2009-03-25 House Journal Page 0579 and recommends it be replaced with: CS FOR HOUSE BILL NO. 129(RLS) "An Act relating to the authority of the Real Estate Commission to revoke licenses of persons convicted of certain crimes." The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (4): Kerttula, Gardner, Olson, Coghill No recommendation (2): Millett, Herron The following fiscal note(s) apply to CSHB 129(RLS): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 129 was returned to the Rules Committee for placement on the calendar. HB 184 The Education Committee considered: HOUSE BILL NO. 184 "An Act relating to the debt authorization of the University of Alaska." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Wilson, Keller, Edgmon, Gardner, Seaton No recommendation (1): Buch The following fiscal note(s) apply: 1. Zero, University of Alaska HB 184 was referred to the Finance Committee. 2009-03-25 House Journal Page 0580 REPORTS OF SPECIAL COMMITTEES HJR 25 The House Special Committee on Energy considered: HOUSE JOINT RESOLUTION NO. 25 Urging the United States Congress to classify hydroelectric power as a renewable and alternative energy source. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) (same title) The report was signed by Representative Millett, Co-chair, with the following individual recommendations: Do pass (5): Ramras, Dahlstrom, Tuck, Johansen, Millett The following fiscal note(s) apply to CSHJR 25(ENE): 1. Zero, House Special Committee on Energy HJR 25 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lieutenant Ray Ellis By Representative Austerman; Senator Stevens Honoring - Jon Van Zyle By Representatives Dahlstrom, Stoltze Honoring - U.S. Coast Guard Personnel in the Rescue of 42 Crew from F/V Alaska Ranger By Representative Austerman; Senator Stevens 2009-03-25 House Journal Page 0581 Honoring - Kodiak Island Search and Rescue Team By Representative Austerman; Senator Stevens Honoring - Christina Ellingson By Senator Ellis; Representative Gara In Memoriam - Jean Schmitt By Representative Coghill In Memoriam - Raymond Russell Boyd By Representative Coghill In Memoriam - Linda K. Manns By Representative Coghill In Memoriam - Janet Ruth Baird By Representative Coghill In Memoriam - Richard Lee Waugaman By Senator Thomas; Representative Guttenberg In Memoriam - Cindy Lee Rehm By Senator Wagoner; Representative Olson In Memoriam - Effie A. Holloway-Lathan By Senator Davis The following citation was introduced and taken up later as a Special Order of Business: In Memoriam - Joseph Sonneman By Representative Kerttula INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 29 HOUSE JOINT RESOLUTION NO. 29 by Representatives Gatto, Dahlstrom, Lynn, Johnson, and Thomas: 2009-03-25 House Journal Page 0582 Designating 2009 as the Year of the Noncommissioned Officer Corps of the United States Army. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. **The presence of Representative Stoltze, who was excused (page 573), was noted. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 36 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 36 by Representatives JOHANSEN, MILLETT, WILSON, and Johnson, entitled: "An Act relating to ballot initiative proposal applications and to ballot initiatives." was read the first time and referred to the Judiciary and Finance Committees. HB 205 HOUSE BILL NO. 205 by Representative Crawford, entitled: "An Act relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 206 HOUSE BILL NO. 206 by the House Education Committee, entitled: "An Act establishing a career assessment requirement in public schools; and relating to postsecondary courses for secondary school students." was read the first time and referred to the Education and Finance Committees. 2009-03-25 House Journal Page 0583 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 10 The following was read the second time: HOUSE BILL NO. 10 "An Act authorizing a borough to charge a city for costs of collecting certain taxes; relating to a mandatory exemption from municipal property taxes for residences of certain widows or widowers, and to optional exemptions from municipal property taxes for property of certain fraternal organizations, for certain college property, and for certain residential property; and providing for an effective date." with the: Journal Page CRA RPT CS(CRA) 2DP 4NR 346 FN1: ZERO(CED) 346 FIN RPT CS(FIN) 3DP 3NR 2AM 495 FN1: ZERO(CED) 495 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 10(FIN) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHB 10(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 10(FIN) was read the third time. The question being: "Shall CSHB 10(FIN) pass the House?" The roll was taken with the following result: 2009-03-25 House Journal Page 0584 CSHB 10(FIN) Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Herron, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Thomas, Wilson Nays: Coghill, Doogan, Hawker, Johansen, Kelly, Tuck Excused: Gatto, Holmes, Petersen And so, CSHB 10(FIN) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Johansen gave notice of reconsideration of the vote on CSHB 10(FIN). THIRD READING OF HOUSE BILLS HB 19 The following, which was advanced to third reading from the March 23, 2009, calendar (page 560), was read the third time: CS FOR HOUSE BILL NO. 19(L&C) "An Act exempting the state and its political subdivisions from daylight saving time; and providing for an effective date." The question being: "Shall CSHB 19(L&C) pass the House?" The roll was taken with the following result: CSHB 19(L&C) Third Reading Final Passage YEAS: 22 NAYS: 15 EXCUSED: 3 ABSENT: 0 2009-03-25 House Journal Page 0585 Yeas: Buch, Chenault, Coghill, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gruenberg, Harris, Hawker, Herron, Joule, Keller, Lynn, Millett, Munoz, Neuman, Olson, Salmon, Stoltze, Tuck Nays: Austerman, Cissna, Crawford, Gara, Gardner, Guttenberg, Johansen, Johnson, Kawasaki, Kelly, Kerttula, Ramras, Seaton, Thomas, Wilson Excused: Gatto, Holmes, Petersen And so, CSHB 19(L&C) passed the House. Representative Johansen moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 19(L&C) Third Reading Effective Date YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Johansen, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Tuck, Wilson Nays: Johnson, Thomas Excused: Gatto, Holmes, Petersen And so, the effective date clause was adopted. Representative Crawford gave notice of reconsideration of the vote on CSHB 19(L&C). SECOND READING OF HOUSE RESOLUTIONS HJR 10 The following was read the second time: 2009-03-25 House Journal Page 0586 HOUSE JOINT RESOLUTION NO. 10 Urging the United States Congress to improve health care for veterans. with the: Journal Page MLV RPT CS(MLV) 6DP 319 FN1: ZERO(H.MLV) 319 STA REFERRAL WAIVED 385 HSS RPT CS(HSS) 7DP 426 FN1: ZERO(H.MLV) 426 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 10(HSS) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that CSHJR 10(HSS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 10(HSS) was read the third time. The question being: "Shall CSHJR 10(HSS) pass the House?" The roll was taken with the following result: CSHJR 10(HSS) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Herron, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson 2009-03-25 House Journal Page 0587 Excused: Gatto, Holmes, Petersen Absent: Hawker And so, CSHJR 10(HSS) passed the House and was referred to the Chief Clerk for engrossment. 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 - Frank Kirk, Red Cross "Real Heroes of Alaska" By Representatives Keller, Stoltze, Neuman, Gatto, Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, Wilson; Senators Huggins, Menard Honoring - Jeremy Manley, Red Cross "Real Heroes of Alaska" By Representatives Keller, Stoltze, Neuman, Gatto, Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, Wilson; Senators Huggins, Menard Honoring - Dr. James Scott, DVM By Senator Bunde, Representatives Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson In Memoriam - Andrew "Andy" John Hope III By Representatives Kerttula, Wilson, Munoz, Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, 2009-03-25 House Journal Page 0588 Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck UNFINISHED BUSINESS Representative Johansen moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Tuck - from 12:00 p.m., March 26 to evening plane time, March 27 Representative Olson - from morning plane time, March 27 to evening plane time, March 29 Representative Kawasaki - from afternoon plane time, March 27 to morning plane time, March 30 Representative Cissna - from 2:00 p.m., March 27 to 9:00 p.m., April 5 Representative Gara - from 5:00 p.m., March 27 to morning plane time, March 30 Representative Chenault - from 7:45 p.m., March 27 to 9:20 p.m., March 29 Representative Harris - from evening plane time, March 27 to morning plane time, March 30 Representative Ramras - from evening plane time, March 27 to evening plane time, March 29 SPECIAL ORDER OF BUSINESS Representative Johansen moved and asked unanimous consent that the notice and publication requirements be waived and the citation, In Memoriam - Joseph Sonneman, be taken up as a Special Order of Business. There being no objection, it was so ordered. 2009-03-25 House Journal Page 0589 Representative Johansen moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Joseph Sonneman By Representatives Kerttula, Chenault, Buch, Cissna, Coghill, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson UNFINISHED BUSINESS HJR 10 Representatives Tuck, Dahlstrom, Doogan, Herron, Gara, Austerman, and Johnson added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 10(HSS) Urging the United States Congress to improve health care for veterans. HJR 26 Representative Kerttula added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 26 Urging the United States Congress to adequately fund land surveys in Alaska in order to issue patents to the State of Alaska and Alaska Native corporations. HJR 28 Representative Millett added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 28 Urging the President of the United States and the United States Congress not to adopt any policy, rule, or administrative action or enact legislation that would restrict energy exploration, development, and production in federal and state waters around Alaska, the outer continental shelf within 50 miles of shore, and elsewhere in the continental United States; urging the President of 2009-03-25 House Journal Page 0590 the United States and the United States Congress to encourage and promote continued exploration, development, and production of domestic oil and gas resources. HB 73 Representative Wilson added her name as cosponsor to: HOUSE BILL NO. 73 "An Act relating to honorary foreign consul license plates; and providing for an effective date." HB 131 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 131 "An Act relating to use of child safety seats and seat belts." HB 177 Representative Wilson removed her name as cosponsor to: HOUSE BILL NO. 177 "An Act relating to marine products and motorized recreational products; and providing for an effective date." HB 185 Representative Coghill added his name as cosponsor to: HOUSE BILL NO. 185 "An Act relating to the labor organization position of state agencies and others with regard to construction contracts paid for by state money." HB 187 Representatives Kerttula and Gara added their names as cosponsors to: HOUSE BILL NO. 187 "An Act requiring insurance coverage for autism spectrum disorders, describing the method for establishing a treatment plan for those disorders, and defining the treatment required for those disorders; and providing for an effective date." 2009-03-25 House Journal Page 0591 HB 202 Representatives Kelly and Dahlstrom added their names as cosponsors to: HOUSE BILL NO. 202 "An Act relating to state and municipal building code requirements for fire sprinkler systems in certain residential buildings." HB 204 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 204 "An Act increasing the number of students pursuing a medical education who are provided postsecondary educational services and programs; and providing for an effective date." ENGROSSMENT HJR 10 CSHJR 10(HSS) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Johansen moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 27, 2009. There being no objection, the House adjourned at 12:12 p.m. Suzi Lowell Chief Clerk