Legislature(2009 - 2010)
2010-04-15 House Journal
Full Journal pdf2010-04-15 House Journal Page 2309 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday April 15, 2010 Eighty-seventh Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:47 a.m. Roll call showed 38 members present. Representatives Joule and Stoltze were absent and their presence was noted later. The invocation was offered by the Chaplain, Representative Munoz. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Please join me in the Lord's Prayer. Our Father, who art in heaven, Hallowed be thy Name. Thy kingdom come. Thy will be done, On earth as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, As we forgive those who trespass against us. And lead us not into temptation, But deliver us from evil. For thine is the kingdom, and the power, and the glory, for ever and ever. Amen. 2010-04-15 House Journal Page 2310 The Pledge of Allegiance was led by Representative Gara. CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the th journal for the 86 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 10 A message dated April 14, 2010, was read stating the Senate passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES) Urging the Governor to exercise all available legal options to restrain the United States Department of the Interior, National Park Service, from intruding on the sovereign right of the state to exercise jurisdiction over navigable water and submerged land and urging the Governor to allocate sufficient resources to the Department of Law, the Department of Natural Resources, and the Department of Fish and Game to defend the state's right to manage the public use of its navigable water. CSHCR 10(RES) was referred to the Chief Clerk for enrollment. HCR 26 A message dated April 14, 2010, was read stating the Senate passed: HOUSE CONCURRENT RESOLUTION NO. 26 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 163, increasing the allowances for injury, disability, or heart attack payable from the fishermen's fund. HCR 26 was referred to the Chief Clerk for enrollment. HJR 51 A message dated April 14, 2010, was read stating the Senate passed: 2010-04-15 House Journal Page 2311 HOUSE JOINT RESOLUTION NO. 51 Supporting certain changes to proposed regulations to implement the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. HJR 51 was referred to the Chief Clerk for enrollment. HB 110 A message dated April 14, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 110(HSS) "An Act relating to the practice and licensing of psychologists." CSHB 110(HSS) was referred to the Chief Clerk for enrollment. HB 277 A message dated April 14, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 277(HSS) "An Act requiring the Department of Health and Social Services to adopt standards for the approval of and to approve certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine, purchase epinephrine, and administer epinephrine in emergency situations." CSHB 277(HSS) was referred to the Chief Clerk for enrollment. SB 163 A message dated April 14, 2010, was read stating the Senate concurred in the House amendment to: SENATE BILL NO. 163 "An Act increasing the allowances for injury, disability, or heart attack payable from the fisherman's fund; and providing for an effective date." thus adopting: 2010-04-15 House Journal Page 2312 HOUSE CS FOR SENATE BILL NO. 163(RLS) "An Act relating to the duties of the commissioner of labor and workforce development and the Fishermen's Fund Advisory and Appeals Council with respect to the fishermen's fund and increasing the allowances for injury, disability, or heart attack payable from the fund, and allowing a vessel owner to recover a portion of the deductible under a protection and indemnity insurance policy following a claim by an injured fisherman; and providing for an effective date." (HCR 26 - title change resolution) SB 261 A message dated April 14, 2010, was read stating the Senate concurred in the House amendment to CSSB 261(L&C), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 261(STA) "An Act relating to the membership of the Alcoholic Beverage Control Board; and providing for an effective date." REPORTS OF STANDING COMMITTEES SB 13 The Finance Committee considered: SENATE BILL NO. 13 "An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date." The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (4): Thomas, Joule, N. Foster, Salmon Do not pass (2): Kelly, Austerman No recommendation (4): Doogan, Fairclough, Stoltze, Hawker 2010-04-15 House Journal Page 2313 The following fiscal note(s) apply: 5. Fiscal, Dept. of Health & Social Services 6. Fiscal, Dept. of Health & Social Services 7. Fiscal, Dept. of Health & Social Services SB 13 was referred to the Rules Committee for placement on the calendar. SB 159 The Finance Committee considered: SENATE BILL NO. 159 "An Act increasing the maximum funeral expenses payable as a workers' compensation death benefit; and providing for an effective date." The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (8): Thomas, Gara, Doogan, N. Foster, Fairclough, Austerman, Salmon, Stoltze No recommendation (2): Kelly, Hawker The following fiscal note(s) apply: 2. Zero, Dept. of Labor & Workforce Development SB 159 was referred to the Rules Committee for placement on the calendar. SB 234 The Labor & Commerce Committee submitted the following forthcoming committee substitute to accompany its report (page 2268): HOUSE CS FOR CS FOR SENATE BILL NO. 234(L&C) "An Act relating to the voting procedures of the Alcoholic Beverage Control Board; allowing the Alcoholic Beverage 2010-04-15 House Journal Page 2314 Control Board to release information contained in the statewide database of alcohol purchases and shipments to the person who purchased the alcohol or to whom the alcohol was shipped; extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." (HCR 31 - title change resolution) CSSB 234(FIN) is in the Finance Committee. SB 266 The Finance Committee considered: SENATE BILL NO. 266 "An Act relating to emergency compensation from the Violent Crimes Compensation Board." The report was signed by Representative Hawker, Co-chair, with the following individual recommendations: Do pass (7): Thomas, Gara, Doogan, N. Foster, Austerman, Salmon, Fairclough No recommendation (2): Kelly, Hawker The following fiscal note(s) apply: 1. Zero, Dept. of Administration SB 266 was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 421 The following was read the second time: 2010-04-15 House Journal Page 2315 HOUSE BILL NO. 421 "An Act relating to the compensation of certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." with the: Journal Page FIN RPT 10DP 1NR 2265 FN2: (CRT) 2266 FN3: (GOV) 2266 FN4: (LEG) 2266 Representative Johansen moved and asked unanimous consent that HB 421 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 421 was read the third time. The question being: "Shall HB 421 pass the House?" The roll was taken with the following result: HB 421 Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson, T.Wilson Nays: Neuman Absent: Joule, Stoltze And so, HB 421 passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2010-04-15 House Journal Page 2316 HB 421 was referred to the Chief Clerk for engrossment. **The presence of Representative Joule was noted. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 184 The State Affairs Committee considered: SENATE BILL NO. 184 "An Act relating to public access to legislative committee meetings during regular legislative sessions by Internet broadcast." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 184(STA) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (4): P. Wilson, Petersen, Seaton, Lynn No recommendation (2): Johnson, Gatto Amend (1): Gruenberg The following fiscal note(s) apply to HCS SB 184(STA): 1. Fiscal, Legislative Agency SB 184 was referred to the Finance Committee. The House advanced to: 2010-04-15 House Journal Page 2317 CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF SENATE BILLS SB 60 The following was read the second time: CS FOR SENATE BILL NO. 60(L&C) "An Act relating to the Uniform Probate Code, including wills, trusts, nonprobate transfers, augmented estates, personal representatives, and trustees; and amending Rules 3 and 8, Alaska Rules of Civil Procedure, Rule 1, Alaska Rules of Probate Procedure, and Rule 37.5, Alaska Rules of Administration." with the: Journal Page JUD RPT 4DP 1902 FN2: ZERO(LAW) 1902 Representative Johansen moved and asked unanimous consent that CSSB 60(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 60(L&C) was read the third time. The question being: "Shall CSSB 60(L&C) pass the House?" The roll was taken with the following result: CSSB 60(L&C) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson, T.Wilson 2010-04-15 House Journal Page 2318 Absent: Herron, Stoltze And so, CSSB 60(L&C) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSSB 60(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 171 The following was read the second time: CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) NT 7DP 2NR 2044 TITLE CHANGE: HCR 24 2044 FN3: (REV) 2045 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year, and relating to contributions from permanent fund dividends; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representative Stoltze was noted. 2010-04-15 House Journal Page 2319 Amendment No. 1 was offered by Representative Guttenberg: Page 4, line 31 through page 5, line 7: Delete all material. Renumber the following bill sections accordingly. Representative Guttenberg moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Guttenberg moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 171(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 171(FIN) was read the third time. Representatives Johnson and Seaton moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall HCS CSSB 171(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 171(FIN) Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 0 ABSENT: 3 Yeas: Crawford, Dahlstrom, Edgmon, Fairclough, N.Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Joule, Kawasaki, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Petersen, Salmon, Thomas, Tuck 2010-04-15 House Journal Page 2320 Nays: Austerman, Buch, Chenault, Doogan, Gardner, Keller, Olson, Ramras, Seaton, Stoltze, T.Wilson Absent: Cissna, Johnson, P.Wilson And so, HCS CSSB 171(FIN) passed the House. Representative Johansen moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 171(FIN) Third Reading Effective Date YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Absent: Johnson And so, the effective date clause was adopted. Representative Thomas gave notice of reconsideration of the vote on HCS CSSB 171(FIN). RECONSIDERATION SB 171 Representative Thomas moved and asked unanimous consent that reconsideration of HCS CSSB 171(FIN) be taken up on the same day. Representative Thomas moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: 2010-04-15 House Journal Page 2321 REPORTS OF STANDING COMMITTEES SB 235 The Finance Committee considered: SENATE BILL NO. 235 "An Act relating to charter school approval and funding." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 235(FIN) (same title) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (11): Doogan, N. Foster, Fairclough, Gara, Austerman, Joule, Salmon, Kelly, Thomas, Stoltze, Hawker The following fiscal note(s) apply to HCS SB 235(FIN): 3. Zero, House Finance Committee/Dept. of Education & Early Development SB 235 is on today's calendar. RECONSIDERATION SB 171 Representative Thomas moved and asked unanimous consent that reconsideration of HCS CSSB 171(FIN) (page 2320) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year, and relating to contributions from permanent fund dividends; and providing for an effective date." 2010-04-15 House Journal Page 2322 Representative Johansen moved and asked unanimous consent that Representative Millett be excused from a call of the House from now to 10:30 a.m., April 16. There being no objection, it was so ordered. Representative Seaton moved and asked unanimous consent that HCS CSSB 171(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Seaton: Page 1, lines 13 - 14: Delete "who received a dividend for the year immediately before the qualifying year and" Representative Seaton moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Gardner objected. Representative Thomas placed a call of the House. The call was satisfied. Representative Seaton moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. HCS CSSB 171(FIN) was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 171(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 171(FIN) Third Reading Final Passage Reconsideration YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 2010-04-15 House Journal Page 2323 Yeas: Chenault, Cissna, Crawford, Dahlstrom, Edgmon, Fairclough, N.Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Petersen, Ramras, Salmon, Thomas, Tuck, P.Wilson Nays: Austerman, Buch, Doogan, Gardner, Olson, Seaton, Stoltze, T.Wilson Excused: Millett And so, HCS CSSB 171(FIN) passed the House on reconsideration. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 171(FIN) was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would move down the calendar to consider HCR 24. CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF HOUSE RESOLUTIONS HCR 24 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 24 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 171, relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year. The question being: "Shall HCR 24 pass the House?" The roll was taken with the following result: 2010-04-15 House Journal Page 2324 HCR 24 Second Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Nays: Doogan Excused: Millett And so, HCR 24 passed the House and was referred to the Chief Clerk for engrossment. The House reverted to: SECOND READING OF SENATE BILLS (continued) SB 235 The following was read the second time: SENATE BILL NO. 235 "An Act relating to charter school approval and funding." with the: Journal Page FIN RPT HCS(FIN) 11DP 2321 FN3: ZERO(H.FIN/EED) 2321 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 235(FIN) (same title) 2010-04-15 House Journal Page 2325 There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS SB 235(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS SB 235(FIN) was read the third time. The question being: "Shall HCS SB 235(FIN) pass the House?" The roll was taken with the following result: HCS SB 235(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Buch, Chenault, 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, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Millett And so, HCS SB 235(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 269 The following was read the second time: CS FOR SENATE BILL NO. 269(FIN) "An Act relating to the waiver of volume cap of recovery zone economic development bonds authorized by 26 U.S.C. 1400U-2 and reallocation by the Alaska Municipal Bond Bank Authority of the waived volume cap; relating to the waiver of volume cap of recovery zone facility bonds authorized by 26 U.S.C. 1400U-3 and reallocation by the Alaska Industrial Development and Export Authority of the waived volume cap; increasing the total amount of bonds and notes that the Alaska Municipal Bond Bank 2010-04-15 House Journal Page 2326 Authority may have outstanding; relating to revenue bonds and to obligations secured by lease that are issued by the Alaska Municipal Bond Bank Authority; relating to allocations of tax credit and bonding limits imposed by the federal government; and providing for an effective date." with the: Journal Page L&C RPT 2DP 3NR 2045 FN1: ZERO(CED) 2046 FN2: (REV) 2046 FIN RPT 5DP 6NR 2270 FN1: ZERO(CED) 2271 FN2: (REV) 2271 Representative Johansen moved and asked unanimous consent that CSSB 269(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 269(FIN) was read the third time. The question being: "Shall CSSB 269(FIN) pass the House?" The roll was taken with the following result: CSSB 269(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, P.Wilson, T.Wilson Excused: Millett Absent: Herron, Tuck 2010-04-15 House Journal Page 2327 And so, CSSB 269(FIN) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kerttula gave notice of reconsideration of the vote on CSSB 269(FIN). RECONSIDERATION SB 269 Representative Kerttula moved and asked unanimous consent that reconsideration of CSSB 269(FIN) be taken up on the same day. There being no objection, it was so ordered. CSSB 269(FIN) was again before the House in third reading. The question to be reconsidered: "Shall CSSB 269(FIN) pass the House?" The roll was taken with the following result: CSSB 269(FIN) Third Reading Final Passage Reconsideration YEAS: 32 NAYS: 0 EXCUSED: 1 ABSENT: 7 Yeas: Buch, Chenault, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Thomas, Tuck, P.Wilson, T.Wilson Excused: Millett Absent: Austerman, Cissna, N.Foster, Gara, Harris, Seaton, Stoltze And so, CSSB 269(FIN) passed the House on reconsideration. 2010-04-15 House Journal Page 2328 Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 269(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF SENATE BILLS (continued) SB 272 The following was read the second time: SENATE BILL NO. 272 "An Act relating to charges for rented motor vehicles, including cost recovery fees, and making a violation of the rented motor vehicle charge provisions an unfair trade practice." with the: Journal Page TRA RPT 2DP 1NR 1AM 1856 FN1: ZERO(LAW) 1856 L&C RPT 3DP 2NR 2046 FN1: ZERO(LAW) 2047 Representative Johansen moved and asked unanimous consent that SB 272 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 272 was read the third time. The question being: "Shall SB 272 pass the House?" The roll was taken with the following result: SB 272 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 2010-04-15 House Journal Page 2329 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson, T.Wilson Excused: Millett Absent: Gara, Stoltze And so, SB 272 passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated April 15, 2010, was read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 by the Senate Rules Committee by request: Relating to a Joint Legislative Higher Education Scholarship Funding Task Force. was read the first time and referred to the Finance Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 294 CS FOR SENATE BILL NO. 294(FIN) by Senate Finance Committee, entitled: 2010-04-15 House Journal Page 2330 "An Act amending the termination date of the licensing of sport fishing operators and sport fishing guides; and providing for an effective date." was read the first time and referred to the Finance Committee. The Speaker stated that, without objection, the House would advance to Consideration of the Daily Calendar. The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 1:09 p.m. AFTER RECESS The Speaker called the House back to order at 8:53 p.m. **The presence of Representative Millett, who was excused (page 2322), was noted. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 319 A message dated April 15, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 319(FIN) "An Act relating to firearms; and providing for an effective date." CSHB 319(FIN) was referred to the Chief Clerk for enrollment. HB 408 A message dated April 15, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 408(JUD) "An Act relating to misconduct involving weapons." CSHB 408(JUD) was referred to the Chief Clerk for enrollment. 2010-04-15 House Journal Page 2331 HJR 40 A message dated April 15, 2010, was read stating the Senate passed CSHJR 40(RES) with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 40(RES) Opposing the proposed designation by the National Marine Fisheries Service of 3,000 square miles of upper Cook Inlet, the mid-inlet, all of the inlet's western shores, and Kachemak Bay as critical habitat for beluga whales. CSHJR 40(RES) is under Unfinished Business. HB 10 A message dated April 15, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 10(FIN) "An Act authorizing a borough to charge a city for costs of collecting certain taxes; relating to a mandatory exemption from municipal property taxes for residences of certain widows or widowers, and to optional exemptions from municipal property taxes for property of certain fraternal organizations, for certain college property, and for certain residential property; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 10(FIN) am S(reengrossed) "An Act relating to mandatory exemptions from municipal property taxes for certain assets of the Alaska Industrial Development and Export Authority and for property owned by certain private colleges or universities; relating to optional exemptions from municipal property taxes for certain residential property; and providing for an effective date." (SCR 5 - title change resolution) CSHB 10(FIN) is under Unfinished Business. 2010-04-15 House Journal Page 2332 SB 239 A message dated April 15, 2010, was read stating the Senate concurred in the House amendment to CSSB 239(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 239(JUD) "An Act relating to ignition interlock devices, to refusal to submit to a chemical test, and to driving while under the influence." REPORTS OF STANDING COMMITTEES HB 317 The Education Committee submitted the following report to correct the report submitted on April 14, 2010, (page 2289) for: HOUSE BILL NO. 317 "An Act increasing the special needs funding and base student allocation for public schools, and extending the adjustment for student transportation funding; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 317(EDC) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Munoz, P. Wilson, Buch, Edgmon, Seaton Amend (1): Gardner The Committee adopted a House Education Committee letter of intent (page 2289) for CSHB 317(EDC), signed by Representative Seaton, Chair. The following fiscal note(s) apply to CSHB 317(EDC): 1. Fiscal, Dept. of Education & Early Development 2. Fiscal, Dept. of Education & Early Development 2010-04-15 House Journal Page 2333 HB 317 is in the Rules Committee. SB 10 The Labor & Commerce Committee considered: CS FOR SENATE BILL NO. 10(HSS)(efd del) "An Act requiring health care insurers to provide insurance coverage for medical care received by a patient during certain approved clinical trials designed to test and improve prevention, diagnosis, treatment, or palliation of cancer; directing the Department of Health and Social Services to provide Medicaid services to persons who participate in those clinical trials; and relating to experimental procedures under a state plan offered by the Comprehensive Health Insurance Association." The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Lynn, Buch, Holmes, Neuman, Olson Do not pass (1): T. Wilson The following fiscal note(s) apply: 3. Zero, Dept. of Health & Social Services 4. Zero, Dept. of Commerce, Community, & Economic Development CSSB 10(HSS)(efd del) was referred to the Rules Committee for placement on the calendar. SB 83 The Finance Committee considered: CS FOR SENATE BILL NO. 83(L&C) "An Act repealing the Governor's Committee on Employment of People with Disabilities; creating the State Vocational Rehabilitation Committee and relating to the committee; and providing for an effective date." 2010-04-15 House Journal Page 2334 The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (7): Thomas, Gara, Doogan, N. Foster, Austerman, Salmon, Fairclough No recommendation (3): Kelly, Stoltze, Hawker The following fiscal note(s) apply: 2. Fiscal, Dept. of Labor & Workforce Development CSSB 83(L&C) was referred to the Rules Committee for placement on the calendar. SB 243 The Finance Committee considered: CS FOR SENATE BILL NO. 243(FIN) "An Act relating to geothermal resources; relating to the royalty obligation for geothermal resources; transferring from the Department of Natural Resources to the Alaska Oil and Gas Conservation Commission authority over permitting and inspection of geothermal wells; providing for a regulatory cost charge for geothermal wells; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 243(RES) (same title) The report was signed by Representative Hawker, Co-chair, with the following individual recommendations: Do pass (8): Thomas, Fairclough, Doogan, N. Foster, Joule, Kelly, Gara, Hawker The following fiscal note(s) apply to HCS CSSB 243(RES): 2010-04-15 House Journal Page 2335 2. Zero, Dept. of Revenue 3. Zero, Dept. of Natural Resources 4. Zero, Dept. of Administration CSSB 243(FIN) was referred to the Rules Committee for placement on the calendar. SB 303 The Speaker waived the Labor & Commerce Committee referral and added a Judiciary Committee referral for the following at the request of Representative Olson, Chair: 2d CS FOR SENATE BILL NO. 303(RLS) "An Act relating to a subcontractor's, contractor's, and project owner's liability for workers' compensation and excluding certain persons from liability for securing the payment of workers' compensation benefits to employees; and providing for an effective date." 2d CSSB 303(RLS) was removed from the Labor & Commerce Committee and referred to the Judiciary Committee. The House advanced to: SECOND READING OF SENATE BILLS (continued) SB 301 The following was read the second time: SENATE BILL NO. 301 "An Act relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010; and providing for an effective date." 2010-04-15 House Journal Page 2336 with the: Journal Page RES RPT 5DP 3NR 2191 FN1: ZERO(DOT) 2192 FN2: ZERO(REV) 2192 FN3: ZERO(CED) 2192 FN4: INDETERMINATE (CED) 2192 FIN RPT HCS(FIN) NT 6DP 4NR 2247 TITLE CHANGE: HCR 30 2247 FN1: ZERO(DOT) 2248 FN2: ZERO(REV) 2248 FN3: ZERO(CED) 2248 FN4: INDETERMINATE (CED) 2248 RLS RPT HCS(RLS) NT 6DP 2271 TITLE CHANGE: HCR 30 2271 FN1: ZERO(DOT) 2272 FN2: ZERO(REV) 2272 FN3: ZERO(CED) 2272 FN4: INDETERMINATE (CED) 2272 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 301(RLS) "An Act relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010; providing legislative approval for a loan from the power project fund for the Reynolds Creek hydroelectric project; and providing for an effective date." There being no objection, it was so ordered. 2010-04-15 House Journal Page 2337 Representative Johansen moved and asked unanimous consent that HCS SB 301(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS SB 301(RLS) was read the third time. Representative Thomas moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Thomas was required to vote. The question being: "Shall HCS SB 301(RLS) pass the House?" The roll was taken with the following result: HCS SB 301(RLS) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Absent: Fairclough, Joule, Kelly And so, HCS SB 301(RLS) passed the House. Representative Johansen moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS SB 301(RLS) was referred to the Chief Clerk for engrossment. 2010-04-15 House Journal Page 2338 SECOND READING OF HOUSE RESOLUTIONS (continued) HCR 30 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 301, relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; and providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010. The question being: "Shall HCR 30 pass the House?" The roll was taken with the following result: HCR 30 Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Buch, Chenault, 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, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Absent: Kelly And so, HCR 30 passed the House and was referred to the Chief Clerk for engrossment. HR 16 The following was read the second time: 2010-04-15 House Journal Page 2339 HOUSE RESOLUTION NO. 16 Relating to the mining and processing of rare earth elements in Alaska and to the stockpiling of rare earth elements; and urging the United States Congress to pass H.R. 4866. with the: Journal Page RLS RPT 6DP 2264 The question being: "Shall HR 16 pass the House?" The roll was taken with the following result: HR 16 Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, 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, T.Wilson And so, HR 16 passed the House and was referred to the Chief Clerk for engrossment and enrollment. HR 17 The following was read the second time: HOUSE RESOLUTION NO. 17 Urging the United States Department of Energy to expeditiously approve a two-year extension of the export license for the Kenai liquid natural gas plant. with the: Journal Page RLS RPT CS(RLS) NT 6DP 2264 2010-04-15 House Journal Page 2340 Representative Johansen moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE RESOLUTION NO. 17(RLS) Urging the United States Department of Energy to expeditiously approve a two-year extension of the export license for the Kenai liquefied natural gas plant. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gardner, Chenault, and Hawker: Insert new material to read: "WHEREAS the owners of the Kenai liquefied natural gas plant have demonstrated their commitment to meeting local needs by voluntarily diverting gas from contractual export obligation when necessary to meet peak consumer demands in Southcentral Alaska; and" Representative Gardner moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Gara: Page 2, line 30, following "license": Insert "provided that local needs for gas for heating and electrical production are met and license applicants commit to sufficient exploration for and development of remaining Cook Inlet reserves to replace the volume exported overseas" Page 3, line 2, following "license": Insert "providing these terms are met" 2010-04-15 House Journal Page 2341 Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hawker objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHR 17(RLS) am Second Reading Amendment No. 2 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Buch, Cissna, Crawford, N.Foster, Gara, Guttenberg, Kawasaki, Kerttula, Petersen, Salmon, Tuck Nays: Austerman, Chenault, Dahlstrom, Doogan, Edgmon, Fairclough, Gardner, Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, P.Wilson, T.Wilson And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Chenault, Seaton, Fairclough, Johnson, P. Wilson, Millett, Olson, and Kelly: Page 2, following line 16: Insert new material to read: "WHEREAS the availability of liquefied natural gas at a local gas plant for distribution by truck would alleviate the high price of liquefied petroleum energy for many cities and villages on the Kenai Peninsula; and" Representative Seaton moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. 2010-04-15 House Journal Page 2342 The question being: "Shall CSHR 17(RLS) am pass the House?" The roll was taken with the following result: CSHR 17(RLS) am Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, 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, T.Wilson And so, CSHR 17(RLS) am passed the House and was referred to the Chief Clerk for engrossment and enrollment. THIRD READING OF HOUSE RESOLUTIONS HJR 35 The following, which was advanced to third reading from the April 14, 2010, calendar (page 2287), was read the third time: 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. Representative Gara moved and asked unanimous consent that HJR 35 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara, Crawford, and Gardner: 2010-04-15 House Journal Page 2343 Page 1, lines 1 - 4 (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska to ensure seniors have access to medical providers, to take advantage of federal legislation that authorizes a grant program consistent with that purpose, and requiring the establishment of a state grant program for care of seniors." Page 1, line 6, through page 2, line 5: Delete all material and insert: "* Section 1. Article VII, sec. 4, Constitution of the State of Alaska, is amended to read: Section 4. Public Health. (a) The legislature shall provide for the promotion and protection of public health. * Sec. 2. Article VII, sec. 4,Constitution of the State of Alaska, is amended by adding new subsections to read: (b) The State shall take action to ensure that seniors entitled to Medicare coverage have access to medical providers. To carry out this provision, the State shall take advantage of legislation passed by the United States Congress in 2010 that allows the State to pass a medical care grant program to help ensure medical providers will treat the State's senior citizens. (c) The governor shall establish a program to assist in the provision of primary medical care for residents of the State who are 65 years of age or older as follows: (1) subject to the availability of funding, the State shall award grant funding to an eligible health care provider in an amount determined and rules adopted by the governor; (2) the program shall be consistent with federal law and include (A) an application and award procedure; (B) eligibility standards that include the lack of availability of reasonable compensation for services; (C) adequate proof that a grant is necessary to enable the applicant to provide primary care services to seniors; (D) a priority for the award of a grant to a health care provider located in an area in which other health care providers have refused to treat patients who are 65 years of age or older and that serves a high percentage of medically underserved populations as determined by the commissioner 2010-04-15 House Journal Page 2344 responsible for health and social services; (E) other requirements necessary to carry out the program. (d) The governor may not award a grant under this section for the provision of primary medical care services to a person who has public or private insurance coverage that adequately compensates an applicant for the provision of those services. (e) To the extent permitted by law, the governor may enter into agreements with and shall consult with the experts in health and social services in implementing this section." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 35 Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 0 ABSENT: 2 Yeas: Buch, Cissna, Crawford, Doogan, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Petersen, Salmon, Tuck Nays: Austerman, Chenault, Dahlstrom, Edgmon, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, P.Wilson, T.Wilson Absent: Herron, Joule And so, Amendment No. 1 was not adopted. HJR 35 was automatically in third reading. Representative Harris placed a call of the House. The call was satisfied. 2010-04-15 House Journal Page 2345 The question being: "Shall HJR 35 pass the House?" The roll was taken with the following result: HJR 35 Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Stoltze, Thomas, P.Wilson, T.Wilson Nays: Cissna, Crawford, Doogan, Edgmon, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Joule, Kawasaki, Kerttula, Petersen, Salmon, Seaton, Tuck And so, lacking the required 27 votes, HJR 35 failed to pass the House. HJR 35(fld H) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Johansen moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Richard H. Erlich By Representatives Joule, N. Foster, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson; Senator Olson Honoring - Sergeant Denny Allen By Senator Ellis; Representatives Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, 2010-04-15 House Journal Page 2346 Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson Honoring - Jimmie L. Foster By Senator Wielechowski; Representatives Petersen, 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, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson Honoring - Major Roger LeBlanc By Senator Wielechowski; Representatives Gruenberg, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, 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, T. Wilson Honoring - Anna Osip By Senator Wielechowski; Representatives Petersen, 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, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson Honoring - Denisha Crowe By Senator Wielechowski; Representatives Gruenberg, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, 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, T. Wilson Honoring - David Huff, 2010 Boys and Girls Club Youth of the Year By Senator Wielechowski; Representatives Gruenberg, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Herron, 2010-04-15 House Journal Page 2347 Holmes, 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 - Betti Cuddy By Representatives Holmes, Gara, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, 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 - Megan Farr By Representatives Holmes, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, 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 - Lucy Ann K. Carlo By Representatives Kawasaki, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson; Senator Kookesh In Memoriam - Jean Flanagan Carlo By Representatives Guttenberg, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Gruenberg, 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, T. Wilson; Senator Thomas In Memoriam - Peggy Burgin By Senator Ellis; Representatives Guttenberg, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Herron, Holmes, 2010-04-15 House Journal Page 2348 Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS SB 43 The Speaker removed the Finance Committee referral for the following: SENATE BILL NO. 43 "An Act adding a second verse to the official Alaska state song." SB 43 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. CONCUR IN SENATE AMENDMENTS HJR 40 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 2331) on the following: CS FOR HOUSE JOINT RESOLUTION NO. 40(RES) Opposing the proposed designation by the National Marine Fisheries Service of 3,000 square miles of upper Cook Inlet, the mid-inlet, all of the inlet's western shores, and Kachemak Bay as critical habitat for beluga whales. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 40(RES) (same title) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHJR 40(RES), thus adopting SCS CSHJR 40(RES), and recommended that the members vote yes. 2010-04-15 House Journal Page 2349 The question being: "Shall the House concur in the Senate amendment to CSHJR 40(RES)?" The roll was taken with the following result: SCS CSHJR 40(RES) Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, 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 Nays: Salmon And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. SCS CSHJR 40(RES) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 172 The Finance Committee considered: CS FOR SENATE BILL NO. 172(FIN) am "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 172(FIN) (same title) 2010-04-15 House Journal Page 2350 The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (11): Thomas, Doogan, Joule, Gara, N. Foster, Austerman, Fairclough, Salmon, Kelly, Stoltze, Hawker The following fiscal note(s) apply to HCS CSSB 172(FIN): 4. Fiscal, Dept. of Health & Social Services CSSB 172(FIN) am was referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS HJR 35 Representative Olson added his 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. SB 10 Representative Holmes added her name as cross sponsor to: CS FOR SENATE BILL NO. 10(HSS)(efd del) "An Act requiring health care insurers to provide insurance coverage for medical care received by a patient during certain approved clinical trials designed to test and improve prevention, diagnosis, treatment, or palliation of cancer; directing the Department of Health and Social Services to provide Medicaid services to persons who participate in those clinical trials; and relating to experimental procedures under a state plan offered by the Comprehensive Health Insurance Association." 2010-04-15 House Journal Page 2351 SB 13 Representatives Gara and Petersen added their names as cross sponsors to: SENATE BILL NO. 13 "An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date." SB 32 Representative Petersen added his name as cross sponsor to: CS FOR SENATE BILL NO. 32(FIN) "An Act relating to medical assistance payments for home and community-based services and provision of personal care services in a recipient's home; and providing for an effective date." SB 159 Representative Fairclough added her name as cross sponsor to: SENATE BILL NO. 159 "An Act increasing the maximum funeral expenses payable as a workers' compensation death benefit; and providing for an effective date." SB 171 Representatives Lynn, Tuck, and Kawasaki added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the permanent fund dividend of an otherwise qualified individual who dies during the qualifying year, and relating to contributions from permanent fund dividends; and providing for an effective date." SB 172 Representatives Kawasaki and Gara added their names as cross sponsors to: 2010-04-15 House Journal Page 2352 CS FOR SENATE BILL NO. 172(FIN) am "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date." SB 184 Representatives Kawasaki and Guttenberg added their names as cross sponsors to: SENATE BILL NO. 184 "An Act relating to public access to legislative committee meetings during regular legislative sessions by Internet broadcast." SB 213 Representative Petersen added his name as cross sponsor to: CS FOR SENATE BILL NO. 213(FIN) "An Act providing for funding for school lunch and breakfast." SB 243 Representatives Fairclough, Thomas, Gara, and Hawker added their names as cross sponsors to: CS FOR SENATE BILL NO. 243(FIN) "An Act relating to geothermal resources; relating to the royalty obligation for geothermal resources; transferring from the Department of Natural Resources to the Alaska Oil and Gas Conservation Commission authority over permitting and inspection of geothermal wells; providing for a regulatory cost charge for geothermal wells; and providing for an effective date." SB 266 Representative Fairclough added her name as cross sponsor to: SENATE BILL NO. 266 "An Act relating to emergency compensation from the Violent Crimes Compensation Board." 2010-04-15 House Journal Page 2353 SB 272 Representative Gardner added her name as cross sponsor to: SENATE BILL NO. 272 "An Act relating to charges for rented motor vehicles, including cost recovery fees, and making a violation of the rented motor vehicle charge provisions an unfair trade practice." SB 279 Representative Fairclough added her name as cross sponsor to: CS FOR SENATE BILL NO. 279(FIN) "An Act relating to regulation of residential mortgage lending, including the licensing of mortgage lenders, mortgage brokers, and mortgage loan originators, and compliance with certain federal laws relating to residential mortgage lending; and providing for an effective date." ENGROSSMENT HCR 24 HCR 24 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HCR 30 HCR 30 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HJR 35 HJR 35(fld H) was engrossed. HB 421 HB 421 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 171 HCS CSSB 171(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. 2010-04-15 House Journal Page 2354 SB 235 HCS SB 235(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 301 HCS SB 301(RLS) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 7, 2010. House committee schedules are published under separate cover. ADJOURNMENT Representative Johansen moved and asked unanimous consent that the House adjourn until 10:30 a.m., April 16, 2010. There being no objection, the House adjourned at 10:23 p.m. Suzi Lowell Chief Clerk