Legislature(2009 - 2010)

2010-01-21 House Journal

Full Journal pdf

2010-01-21                     House Journal                      Page 1317
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - SECOND SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Thursday              January 21, 2010                                                        
                                                                                                                                
                               Third Day                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:32 a.m.                                                                                                          
                                                                                                                                
Roll call showed 37 members present.  Representative Kerttula had                                                               
been excused from a call of the House today.  Representative Edgmon                                                             
was absent and his presence was noted later.  Representative Hawker                                                             
was absent.                                                                                                                     
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend George                                                                 
Silides of Holy Trinity Episcopal Church.  Representative P. Wilson                                                             
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:                                                                                              
                                                                                                                                
    O God of Peace and Grace, from whom cometh every good                                                                       
    and perfect gift, we thank you for this new day.  Bless this                                                                
    House, we pray, with your peace; put far from us every                                                                      
    anxiety which steals our attention from the tasks and                                                                       
    opportunities at hand.  Make us ever thankful for the blessings                                                             
    obvious to us and mindful there are more still awaiting to be                                                               
    discovered.                                                                                                                 
                                                                                                                                
    Shed your blessing upon those we have left at home; keep                                                                    
    them from all harm today.  Keep us ever mindful of the                                                                      
    needy, the poor, the addicted, the orphans and widows, and                                                                  
    those in prison.  As much as it is within our power, assist us to                                                           
    lessen their suffering and work to build a society where                                                                    

2010-01-21                     House Journal                      Page 1318
    opportunity of every kind abounds:  for economic                                                                            
    advancement, for healing, for reconciliation, for recovery                                                                  
    from life's misfortunes of every kind.                                                                                      
                                                                                                                                
    We thank you for every mentor and inspiration which has led                                                                 
    us to this responsibility - for their wisdom and courage.  We                                                               
    thank you for our own heritage which has shaped us, which                                                                   
    informs us still and is our sacred trust; and for the mix of lives                                                          
    and histories in which ours is placed, which make up this                                                                   
    House and make it a greater, more vital whole.  Bless, we                                                                   
    pray, those who support our work: every staff and aide and                                                                  
    officer.  May they know the value of their contribution, the                                                                
    satisfaction of work well done, and the appreciation of all who                                                             
    depend upon them.                                                                                                           
                                                                                                                                
    And we remember the suffering people of the world,                                                                          
    especially our sisters and brothers in Haiti.  May the fearful                                                              
    complexity of their plight not prevent our making what                                                                      
    contribution we can - in prayer, in person, in material - in the                                                            
    frailty of their human condition, help us by your grace to                                                                  
    respond from the strength of ours.  May your peace be upon                                                                  
    us all evermore.  Amen.                                                                                                     
                                                                                                                                
The Pledge of Allegiance was led by Representative Buch.                                                                        
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
journal for the first and second legislative days and House and Senate                                                          
Joint Journal Supplement No. 9 be approved as certified by the Chief                                                            
Clerk.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Dahlstrom introduced Mackenzie Burnett, Page, from                                                               
Juneau.                                                                                                                         
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
A message dated January 19, 2010, was read stating the Senate                                                                   
confirmed Senator Coghill to the Select Committee on Legislative                                                                
Ethics replacing Senator Wagoner.                                                                                               

2010-01-21                     House Journal                      Page 1319
A message dated January 19, 2010, was received stating the Senate                                                               
accepted the invitation to meet in joint session in the House Chamber                                                           
at 7:00 p.m., January 20 to hear the Governor's State of the State                                                              
address.                                                                                                                        
                                                                                                                                
A message dated January 19, 2010, was read stating the Senate                                                                   
accepted the invitation to meet in joint session in the House Chamber                                                           
at 11:00 a.m., February 18 to hear an address by U.S. Senator Lisa                                                              
Murkowski.                                                                                                                      
                                                                                                                                
**The presence of Representative Edgmon was noted.                                                                              
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Administration                                                                                                         
Division of Finance                                                                                                             
Comprehensive Annual Financial Report                                                                                           
July 1, 2008 - June 30, 2009                                                                                                    
(as required by AS 37.05.210)                                                                                                   
                                                                                                                                
Alaska Minerals Commission                                                                                                      
2010 Report                                                                                                                     
(as required by AS 44.33.431)                                                                                                   
                                                                                                                                
Dept. of Health & Social Services                                                                                               
Annual Report 2009                                                                                                              
                                                                                                                                
Legislative Affairs Agency                                                                                                      
Division of Legal and Research Services                                                                                         
Report Listing Alaska Statutes with Delayed                                                                                     
Repeals or Delayed Amendments and                                                                                               
Examining Court Decisions and Opinions of                                                                                       
the Attorney General Construing Alaska Statutes                                                                                 
December 2009                                                                                                                   
(as required by AS 24.20.065)                                                                                                   
                                                                                                                                
Alaska State Legislature                                                                                                        
Joint Armed Services Committee                                                                                                  
Activities Report                                                                                                               
(as required by AS 24.20.675)                                                                                                   

2010-01-21                     House Journal                      Page 1320
Dept. of Natural Resources                                                                                                      
Division of Mining, Land and Water                                                                                              
2010 Report to the Legislature                                                                                                  
Report on Identified R.S. 2477 Rights-of-Way                                                                                    
Notification of Annual Mining Report                                                                                            
Land Disposal Income Fund Report                                                                                                
Notification of Annual Report on the Status of Land in the                                                                      
Land Disposal Bank                                                                                                              
Notification of Annual Report on Water Removals and Exports                                                                     
Notification of Interim Land Classifications                                                                                    
(Closing Land to Mineral Entry)                                                                                                 
Summary of Cooperative Resource Management or                                                                                   
Development Agreements                                                                                                          
January 2010                                                                                                                    
(as required by AS 19.30.400, 27.05.060, 38.04.022, 38.04.020,                                                                  
46.15.020, 38.05.300, 38.05.027, respectively)                                                                                  
                                                                                                                                
Dept. of Revenue                                                                                                                
Alaska Marine Highway System Fund                                                                                               
Annual Financial Report 2009                                                                                                    
(as required by AS 19.65.070)                                                                                                   
                                                                                                                                
Dept. of Revenue                                                                                                                
Permanent Fund Dividend Division                                                                                                
List of approved charitable organizations and                                                                                   
the corresponding amounts of contributions they                                                                                 
received through the PFD program                                                                                                
Available from debbie.bitney@alaska.gov                                                                                         
(as required by AS 43.23.062)                                                                                                   
                                                                                                                                
Dept. of Revenue                                                                                                                
Alaska Retirement Management Board                                                                                              
Notification of Availability of Financial Reports                                                                               
January 19, 2010                                                                                                                
(as required by AS 37.10.220)                                                                                                   
                                                                                                                                
The following audit reports were received from the Division of                                                                  
Legislative Audit, Legislative Budget & Audit Committee, as required                                                            
by AS 24.20.311:                                                                                                                
                                                                                                                                

2010-01-21                     House Journal                      Page 1321
2009 Annual Report, Unabridged                                                                                                  
2009 Annual Report, Condensed                                                                                                   
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Life Achievements of Sheldon B. "Shell" Simmons                                                                      
By Representative Hawker                                                                                                        
                                                                                                                                
Honoring - National Correctional Officers' Week, May 2 - 8, 2010                                                                
By Representatives Harris, Stoltze                                                                                              
                                                                                                                                
In Memoriam - Clifford Pitts                                                                                                    
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Marvin Fuhs                                                                                                       
By Senator Ellis; Representative Gara                                                                                           
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 284                                                                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 284 by                                                                                    
Representatives DAHLSTROM, GARA, HERRON, and P. Wilson,                                                                         
entitled:                                                                                                                       
                                                                                                                                
    "An Act requiring the Department of Health and Social Services                                                              
    to accept federal prescription drug benefits or to provide                                                                  
    comparable benefits for residents of the Alaska Pioneers' Home,                                                             
    including residents eligible for discount or free benefits from the                                                         
    United States Department of Veterans Affairs or the Indian Health                                                           
    Service of the United States Department of Health and Human                                                                 
    Services."                                                                                                                  
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and State Affairs Committees.                                                                                                   
                                                                                                                                

2010-01-21                     House Journal                      Page 1322
HB 311                                                                                                                        
HOUSE BILL NO. 311 by Representative Johansen, entitled:                                                                        
                                                                                                                                
    "An Act providing the Alaska State Council on the Arts the                                                                  
    authority to adopt regulations relating to its statutory powers and                                                         
    duties; and providing for an effective date."                                                                               
                                                                                                                                
was read the first time and referred to the Education Committee.                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Kyle Wentz                                                                                                           
By Representatives Seaton, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. 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, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Stevens                                                                             
                                                                                                                                
Honoring - Tyler Wentz                                                                                                          
By Representatives Seaton, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. 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, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Stevens                                                                             
                                                                                                                                
Honoring - Kevin DeVaney                                                                                                        
By Representatives Seaton, Chenault, Buch, Cissna, Crawford,                                                                    
Dahlstrom, Doogan, Edgmon, Fairclough, N. 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, Stoltze,                                                               
Thomas, Tuck, P. Wilson, T. Wilson; Senator Stevens                                                                             
                                                                                                                                

2010-01-21                     House Journal                      Page 1323
Honoring - The Boy Scouts of America, 100 Years of Scouting                                                                     
By Representatives Munoz, Chenault, Austerman, Buch, Cissna,                                                                    
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara,                                                               
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula,                                                            
Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                 
Stoltze, Thomas, Tuck, P. Wilson, T. Wilson; Senator Huggins                                                                    
                                                                                                                                
                                                                                                                                
In Memoriam - George Patrick "Pat" Spartz                                                                                       
By Representatives Kerttula, Munoz, Chenault, Buch, Cissna,                                                                     
Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara,                                                               
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Millett,                                                              
Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas,                                                               
Tuck, P. Wilson, T. Wilson; Senator Egan                                                                                        
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Johansen moved that the House confirm the                                                                        
appointment of Representatives Gatto and Johnson (Alternate) to the                                                             
Select Committee on Legislative Ethics.                                                                                         
                                                                                                                                
The question being:  "Shall the House confirm the appointment of                                                                
Representatives Gatto and Johnson (Alternate) to the Select                                                                     
Committee on Legislative Ethics?"  The roll was taken with the                                                                  
following result:                                                                                                               
                                                                                                                                
Select Committee on Legislative Ethics                                                                                          
Confirm - Representative Gatto                                                                                                  
Representative Johnson, Alternate                                                                                               
                                                                                                                                
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom,                                                                  
Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto,                                                                     
Gruenberg, Guttenberg, Harris, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kelly, Lynn, Millett, Munoz, Neuman,                                                                   
Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck,                                                                 
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                

2010-01-21                     House Journal                      Page 1324
Excused:  Kerttula                                                                                                              
                                                                                                                                
Absent:  Hawker                                                                                                                 
                                                                                                                                
And so, the appointment was confirmed.                                                                                          
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
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 Cissna - from afternoon plane time, January 21 to                                                                
evening plane time, January 22                                                                                                  
                                                                                                                                
Representative Millett - from evening plane time, January 21 to                                                                 
evening plane time, January 24                                                                                                  
                                                                                                                                
Representative Chenault - from noon, January 22 to evening plane                                                                
time, January 24                                                                                                                
                                                                                                                                
Representative Ramras - from 7:00 a.m., January 22 to evening plane                                                             
time, January 24                                                                                                                
                                                                                                                                
Representative Tuck - from evening plane time, January 22 to                                                                    
morning plane time, January 25                                                                                                  
                                                                                                                                
HJR 34                                                                                                                        
Representative Munoz removed her name as cosponsor to:                                                                          
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 34                                                                                               
    Asking the Secretary of the United States Department of                                                                     
    Transportation to redefine the time zones in Alaska.                                                                        
                                                                                                                                
HB 19                                                                                                                         
Representative Munoz removed her name as cosponsor to:                                                                          
                                                                                                                                
    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."                                                                 
                                                                                                                                

2010-01-21                     House Journal                      Page 1325
HB 87                                                                                                                         
Representatives P. Wilson, Neuman, and Hawker added their names as                                                              
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE BILL NO. 87                                                                                                           
    "An Act waiving payment of premiums for major medical                                                                       
    insurance under the defined benefit retirement plan for public                                                              
    employees for disabled peace officers who have at least 20 years                                                            
    of credited service as peace officers."                                                                                     
                                                                                                                                
HB 274                                                                                                                        
Representative Chenault added his name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 274                                                                                                          
    "An Act establishing August 7 as Purple Heart Day."                                                                         
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 11:00 a.m., January 25, 2010.  There being no                                                               
objection, the House adjourned at 10:53 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk