Legislature(2009 - 2010)

2010-02-05 House Journal

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2010-02-05                     House Journal                      Page 1417
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
               TWENTY-SIXTH LEGISLATURE - SECOND SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Friday              February 5, 2010                                                        
                                                                                                                                
                            Eighteenth Day                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:32 a.m.                                                                                                          
                                                                                                                                
Roll call showed 32 members present.  Representatives Edgmon,                                                                   
Herron, Neuman, Ramras, and Thomas had been excused from a call                                                                 
of the House today.  Representatives Crawford and Gara were absent                                                              
and their presence was noted later.                                                                                             
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Representative Millett be excused from a call of the House today.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Sue Bahleda of                                                               
Resurrection Lutheran 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 respect to the diversity of voices, beliefs, and practices                                                             
    that call out to a power beyond our individual selves, I offer                                                              
    the following prayer:                                                                                                       
                                                                                                                                
    Almighty One,                                                                                                               
                                                                                                                                
    We thank you for the men and women gathered here today.                                                                     
    Bless these public servants working for all people across this                                                              
    state that they may do the work before them in a spirit of                                                                  
    wisdom, charity, and justice.  Help them to use their authority                                                             
    to serve faithfully and to promote our common life.  Give                                                                   

2010-02-05                     House Journal                      Page 1418
    them courage, patience, and vision that their work may reflect                                                             
     all that is right and good.  We pray these things in hope, in                                                             
    anticipation, and in confidence.  Amen.                                                                                     
                                                                                                                                
The Pledge of Allegiance was led by Representative Fairclough.                                                                  
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
                    thth                                                                                                        
journal for the 16 and 17 legislative days and House Journal                                                                    
Supplement No. 5 and House and Senate Joint Journal Supplement                                                                  
No. 11 be approved as certified by the Chief Clerk.  There being no                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                
                            COMMUNICATIONS                                                                                   
                                                                                                                                
The following were received:                                                                                                    
                                                                                                                                
Dept. of Administration                                                                                                         
Alaska Public Offices Commission                                                                                                
2010 Lobbyist Directory                                                                                                         
Available at http://doa.alaska.gov/apoc/                                                                                      
(as required by AS 24.45.041)                                                                                                   
                                                                                                                                
Dept. of Health & Social Services                                                                                               
Alaska Health Care Commission                                                                                                   
Transforming Health Care in Alaska                                                                                              
2009 Report/2010-2014 Strategic Plan                                                                                            
January 2010                                                                                                                    
(as required by Administrative Order No. 246)                                                                                   
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 76                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 76                                                                                                           
    "An Act relating to the membership of the Alaska Legislative                                                                
    Council and the membership of the Legislative Budget and Audit                                                              
    Committee."                                                                                                                 
                                                                                                                                

2010-02-05                     House Journal                      Page 1419
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 76(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (3):  Seaton, Gruenberg, Petersen                                                                                       
                                                                                                                                
No recommendation (3):  Johnson, Gatto, Lynn                                                                                    
                                                                                                                                
The following fiscal note(s) apply to CSHB 76(STA):                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HB 76 was referred to the Finance Committee.                                                                                    
                                                                                                                                
HB 312                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 312                                                                                                          
    "An Act authorizing an advisory vote on use of Alaska permanent                                                             
    fund earnings for an in-state natural gas pipeline; and providing                                                           
    for an effective date."                                                                                                     
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 312(RES)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Neuman and Johnson, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Olson, P. Wilson, Neuman, Johnson                                                                                 
                                                                                                                                
Do not pass (1):  Kawasaki                                                                                                      
                                                                                                                                
No recommendation (2):  Tuck, Seaton                                                                                            
                                                                                                                                

2010-02-05                     House Journal                      Page 1420
Amend (1):  Guttenberg                                                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 312(RES):                                                                            
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
2.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
HB 312 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 314                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
    HOUSE BILL NO. 314                                                                                                          
    "An Act relating to fees and charges for medical treatment or                                                               
    services, the crime of unsworn falsification, investigations, and                                                           
    penalties as they relate to workers' compensation; and providing                                                            
    for an effective date."                                                                                                     
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Buch, Olson                                                                                                       
                                                                                                                                
No recommendation (3):  Lynn, Holmes, T. Wilson                                                                                 
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
2.  Fiscal, Dept. of Labor & Workforce Development                                                                              
                                                                                                                                
HB 314 was referred to the Judiciary Committee.                                                                                 
                                                                                                                                
**The presence of Representative Gara was noted.                                                                                
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HB 291                                                                                                                        
The House Special Committee on Military & Veterans' Affairs                                                                     
considered:                                                                                                                     
                                                                                                                                

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    HOUSE BILL NO. 291                                                                                                          
    "An Act relating to the issuance of state-guaranteed revenue bonds                                                          
    by the Alaska Housing Finance Corporation to finance mortgages                                                              
    for qualifying veterans; and providing for an effective date."                                                              
                                                                                                                                
The report was signed by Representative Gatto, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Lynn, T. Wilson, Buch, Gatto                                                                                      
                                                                                                                                
No recommendation (1):  Kawasaki                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Office of the Governor                                                                                              
                                                                                                                                
HB 291 was referred to the State Affairs Committee.                                                                             
                                                                                                                                
                                                                                                                                
HB 292                                                                                                                        
The House Special Committee on Military & Veterans' Affairs                                                                     
considered:                                                                                                                     
                                                                                                                                
    HOUSE BILL NO. 292                                                                                                          
    "An Act relating to grants to victims of a disaster in this state; and                                                      
    providing for an effective date."                                                                                           
                                                                                                                                
The report was signed by Representative Gatto, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Lynn, T. Wilson, Harris, Buch, Gatto                                                                              
                                                                                                                                
Amend (1):  Kawasaki                                                                                                            
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Military & Veterans' Affairs                                                                               
                                                                                                                                
HB 292 was referred to the State Affairs Committee.                                                                             
                                                                                                                                

2010-02-05                     House Journal                      Page 1422
HB 306                                                                                                                        
The House Special Committee on Energy considered:                                                                               
                                                                                                                                
    HOUSE BILL NO. 306                                                                                                          
    "An Act declaring a state energy policy."                                                                                   
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 306(ENE)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representatives Edgmon and Millett, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (7):  Ramras, Dahlstrom, Petersen, Tuck, Johansen, Edgmon,                                                              
Millett                                                                                                                         
                                                                                                                                
The following fiscal note(s) apply to CSHB 306(ENE):                                                                          
                                                                                                                                
1.  Zero, House Special Committee on Energy                                                                                     
                                                                                                                                
HB 306 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 - Wesley Voley, First Place - Alaska Music Teachers                                                                    
National Association Competition                                                                                                
By Representative Salmon; Senator Kookesh                                                                                       
                                                                                                                                
Honoring - Wanda Chin                                                                                                           
By Representative Guttenberg; Senator Thomas                                                                                    
                                                                                                                                
Honoring - John Walsh, 2009 Emil Usibelli Award Winner                                                                          
By Representative Guttenberg; Senator Thomas                                                                                    
                                                                                                                                
Honoring - John Fox, 2009 Emil Usibelli Award Winner                                                                            
By Representative Guttenberg; Senator Thomas                                                                                    
                                                                                                                                

2010-02-05                     House Journal                      Page 1423
Honoring - Richard Siefert, 2009 Emil Usibelli Award Winner                                                                     
By Representative Guttenberg; Senator Thomas                                                                                    
                                                                                                                                
Honoring - The 2009 UAF Nanooks Women's Basketball Team                                                                         
By Representative Guttenberg; Senator Thomas                                                                                    
                                                                                                                                
In Memoriam - Enid Elsie 'Barbara' Nesbett                                                                                      
By Representative Johnson                                                                                                       
                                                                                                                                
In Memoriam - Honorary Traditional Chief Joe Beetus                                                                             
By Representative Salmon; Senator Kookesh                                                                                       
                                                                                                                                
In Memoriam - Rev. Mardow Solomon Sr.                                                                                           
By Representative Salmon; Senator Kookesh                                                                                       
                                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HJR 41                                                                                                                        
HOUSE JOINT RESOLUTION NO. 41 by Representative T. Wilson:                                                                      
                                                                                                                                
    Proposing amendments to the Constitution of the State of Alaska                                                             
    relating to annexations of areas to and detachments of areas from                                                           
    cities and organized boroughs.                                                                                              
                                                                                                                                
was read the first time and referred to the Community & Regional                                                                
Affairs, Judiciary, and Finance Committees.                                                                                     
                                                                                                                                
                                                                                                                                
HJR 42                                                                                                                        
HOUSE JOINT RESOLUTION NO. 42 by the House Transportation                                                                       
Committee:                                                                                                                      
                                                                                                                                
    Proposing amendments to the Constitution of the State of Alaska                                                             
    creating a transportation infrastructure fund.                                                                              
                                                                                                                                
was read the first time and referred to the Transportation, Judiciary,                                                          
and Finance Committees.                                                                                                         
                                                                                                                                

2010-02-05                     House Journal                      Page 1424
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 288                                                                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 288 by                                                                                    
Representative Gruenberg, entitled:                                                                                             
                                                                                                                                
    "An Act relating to bilingual voting; and relating to the definition                                                        
    of 'political party.'"                                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 327                                                                                                                        
HOUSE BILL NO. 327 by Representative Johansen, entitled:                                                                        
                                                                                                                                
    "An Act relating to the scheduling and rescheduling of certain                                                              
    substances as controlled substances and to the sale of products                                                             
    containing dextromethorphan."                                                                                               
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
HB 328                                                                                                                        
HOUSE BILL NO. 328 by Representatives Johnson, Dahlstrom,                                                                       
P. Wilson, Herron, Cissna, and Buch, entitled:                                                                                  
                                                                                                                                
    "An Act establishing a traumatic or acquired brain injury program                                                           
    and registry within the Department of Health and Social Services;                                                           
    and relating to medical assistance coverage for traumatic or                                                                
    acquired brain injury services."                                                                                            
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Finance Committees.                                                                                                         
                                                                                                                                
HB 329                                                                                                                        
HOUSE BILL NO. 329 by the House Transportation Committee,                                                                       
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to the transportation infrastructure fund, to local                                                        
    public transportation, to motor fuel taxes, and to the motor vehicle                                                        
    registration fee; and providing for an effective date."                                                                     
                                                                                                                                

2010-02-05                     House Journal                      Page 1425
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
HB 330                                                                                                                        
HOUSE BILL NO. 330 by Representative Gruenberg, entitled:                                                                       
                                                                                                                                
    "An Act establishing the Alaska transportation fund and the                                                                 
    Alaska community transportation account; relating to local public                                                           
    transportation; and providing for an effective date."                                                                       
                                                                                                                                
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                  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:                                                         
                                                                                                                                
                                                                                                                                
In Memoriam - George Murray Sullivan                                                                                            
By Representatives Holmes, Doogan, Chenault, Austerman, Buch,                                                                   
Cissna, Crawford, Dahlstrom, Edgmon, Fairclough, N. Foster, Gara,                                                               
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn,                                                              
Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton,                                                                
Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                                                     
                                                                                                                                
In Memoriam - Gloria Woodworth                                                                                                  
By Representatives T. Wilson, 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, Munoz, Neuman, Olson, Petersen, Ramras, Salmon,                                                                  
Seaton, Stoltze, Thomas, Tuck, P. Wilson; Senator Coghill                                                                       
                                                                                                                                

2010-02-05                     House Journal                      Page 1426
In Memoriam - Bertha 'Inugoluk' Moses                                                                                           
By Senator Kookesh; Representatives Salmon, 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, Munoz, Neuman, Olson, Petersen,                                                                 
Ramras, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                                     
                                                                                                                                
In Memoriam - Robert 'Bob' E. Lee Jr.                                                                                           
By Senator Kookesh; Representatives Salmon, 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,                                                             
Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras,                                                                
Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson                                                                             
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 274                                                                                                                        
The Speaker waived the State Affairs Committee referral for the                                                                 
following at the request of Representative Lynn, Chair:                                                                         
                                                                                                                                
    HOUSE BILL NO. 274                                                                                                          
    "An Act establishing August 7 as Purple Heart Day."                                                                         
                                                                                                                                
HB 274 was removed from the State Affairs Committee and referred                                                                
to the Rules Committee for placement on the calendar.                                                                           
                                                                                                                                
HB 314                                                                                                                        
The Speaker added a Finance Committee referral for the following:                                                               
                                                                                                                                
    HOUSE BILL NO. 314                                                                                                          
    "An Act relating to fees and charges for medical treatment or                                                               
    services, the crime of unsworn falsification, investigations, and                                                           
    penalties as they relate to workers' compensation; and providing                                                            
    for an effective date."                                                                                                     
                                                                                                                                
HB 314 is in the Judiciary Committee.                                                                                           
                                                                                                                                

2010-02-05                     House Journal                      Page 1427
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 Millett - from 1:00 p.m., today to evening plane time,                                                           
February 7                                                                                                                      
                                                                                                                                
Representative Holmes - from evening plane time, today to morning                                                               
plane time, February 8                                                                                                          
                                                                                                                                
Representative Guttenberg - from 9:00 a.m. to 1:00 p.m., February 8                                                             
                                                                                                                                
**The presence of Representative Crawford was noted.                                                                            
                                                                                                                                
HJR 35                                                                                                                        
Representative T. Wilson added her name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 35                                                                                               
    Proposing amendments to the Constitution of the State of Alaska                                                             
    prohibiting passage of laws that interfere with direct payments for                                                         
    health care services and the right to purchase health care insurance                                                        
    from a privately owned company, and that compel a person to                                                                 
    participate in a health care system.                                                                                        
                                                                                                                                
HB 87                                                                                                                         
Representatives Petersen, Tuck, Austerman, Crawford, Buch,                                                                      
Gruenberg, and Guttenberg 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                                                                                                                        
Representatives Olson, Salmon, Kelly, Crawford, and Johansen added                                                              
their names as cosponsors to:                                                                                                   
                                                                                                                                
    HOUSE BILL NO. 274                                                                                                          
    "An Act establishing August 7 as Purple Heart Day."                                                                         

2010-02-05                     House Journal                      Page 1428
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
House adjourn until 11:00 a.m., February 8, 2010.  There being no                                                               
objection, the House adjourned at 11:14 a.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk