Legislature(2009 - 2010)
2010-04-17 House Journal
Full Journal pdf2010-04-17 House Journal Page 2403 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE - SECOND SESSION Juneau, Alaska Saturday April 17, 2010 Eighty-ninth Day The House was called to order by Speaker Chenault at 2:12 p.m. Roll call showed 39 members present. Representative Johansen moved and asked unanimous consent that Representative Lynn be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Harris. 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 the deepest respect for all Alaskans and all members' views, I offer the following prayer. Dear God, watch over all of us in this chamber and in this building. Help us to do the best we can to help as many people as possible. Help us to look after those who can't look after themselves. Grant us wisdom in our actions, civility in our acts, and caring in our deeds. Thank you for giving us the opportunity to serve. May we do our very best. Amen. The Pledge of Allegiance was led by Representative Seaton. 2010-04-17 House Journal Page 2404 CERTIFICATION OF THE JOURNAL Representative Johansen moved and asked unanimous consent that the th journal for the 88 legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES SJR 21 The Finance Committee considered: SENATE JOINT RESOLUTION NO. 21 Proposing amendments to the Constitution of the State of Alaska relating to and increasing the number of members of the house of representatives to forty-eight and the number of members of the senate to twenty-four. The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (4): Thomas, Gara, N. Foster, Austerman No recommendation (4): Doogan, Kelly, Stoltze, Hawker Amend (1): Fairclough The following fiscal note(s) apply: 3. Indeterminate, Legislative Agency 4. Fiscal, Office of the Governor SJR 21 is on today's calendar. SB 220 The Finance Committee considered: CS FOR SENATE BILL NO. 220(FIN) "An Act relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to the Alaska heating 2010-04-17 House Journal Page 2405 assistance program, to state energy use data, to the Southeast energy fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned or operated by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned or operated by the state with compressed natural gas; authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation; relating to a report regarding a municipal energy improvements financing program and to an energy report by the Office of the Governor; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 220(FIN) "An Act relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to an exemption from taxation by a municipality of certain residential renewable energy systems, to the Alaska heating assistance program, to state energy use data, to the Southeast energy fund, to the alternative energy revolving loan fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned, operated, or paid for in whole or in part by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned, operated, or paid for in whole or in part by the state with compressed natural gas; authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation; relating to a report regarding a municipal energy improvements financing 2010-04-17 House Journal Page 2406 program and to an energy report by the Office of the Governor; and providing for an effective date." (HCR 28 - title change resolution) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (9): N. Foster, Joule, Thomas, Austerman, Gara, Kelly, Salmon, Stoltze, Hawker No recommendation (1): Doogan Amend (1): Fairclough The following fiscal note(s) apply to HCS CSSB 220(FIN): 3. Zero, Dept. of Environmental Conservation 6. Indeterminate, Dept. of Health & Social Services 7. Fiscal, Dept. of Commerce, Community, & Economic Development 8. Fiscal, Dept. of Commerce, Community, & Economic Development 9. Zero, Dept. of Revenue 11. Zero, Dept. of Administration 13. Zero, Dept. of Revenue 14. Fiscal, Dept. of Transportation & Public Facilities CSSB 220(FIN) is on today's calendar. SB 221 The Finance Committee considered: CS FOR SENATE BILL NO. 221(EDC) "An Act establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." and recommends it be replaced with: 2010-04-17 House Journal Page 2407 HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Funding Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." (HCR 33 - title change resolution) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do not pass (3): Thomas, Doogan, Salmon No recommendation (6): Fairclough, Joule, Austerman, Kelly, Stoltze, Hawker Amend (2): Gara, N. Foster The following fiscal note(s) apply to HCS CSSB 221(FIN): 5. Fiscal, Dept. of Education & Early Development 6. Fiscal, Dept. of Education & Early Development 7. Fiscal, Legislative Agency CSSB 221(EDC) is on today's calendar. SB 309 The Finance Committee considered: CS FOR SENATE BILL NO. 309(FIN) "An Act amending and extending the exploration and development incentive tax credit under the Alaska Net Income Tax Act for operators and working interest owners directly engaged in the exploration for and development of gas from a lease or property in the state; relating to interest on certain underpayments or overpayments of the oil and gas production tax; 2010-04-17 House Journal Page 2408 providing a credit against the tax on the production of oil and gas for drilling certain exploration wells in the Cook Inlet sedimentary basin; relating to the use of the oil and gas tax credit fund to purchase certain tax credit certificates; providing for an effective date by amending the effective date for sec. 2, ch. 61, SLA 2003; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 309(FIN) (same title) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (4): Fairclough, Gara, Stoltze, Hawker No recommendation (5): N. Foster, Joule, Doogan, Thomas, Austerman The following fiscal note(s) apply to HCS CSSB 309(FIN): 2. Indeterminate, Dept. of Natural Resources 3. Indeterminate, Dept. of Revenue CSSB 309(FIN) is on today's calendar. SB 312 The Finance Committee considered: CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the deposit of the proceeds of the tax on gambling operations aboard certain commercial passenger vessels into the general fund; providing for a reduction in the excise tax to $34.50 for a passenger for each voyage on a commercial passenger vessel; describing the passengers that are subject to the excise tax and liable for the payment of the tax; providing for a reduction in the state excise tax imposed on a passenger traveling on a commercial passenger vessel by the amount of tax on a passenger traveling on a commercial passenger vessel imposed by 2010-04-17 House Journal Page 2409 a municipality under a law enacted before December 17, 2007; authorizing appropriations from the commercial vessel passenger tax account to the first seven ports of call in the state and for costs associated with commercial passenger vessels and the passengers on board; limiting the use of funds appropriated from the commercial passenger vessel tax account to expenditures related to port facilities, harbor infrastructure, other services provided to the commercial passenger vessels and the passengers on board those vessels and certain other purposes; repealing the regional cruise ship impact fund; relating to the administration of the excise tax by the Department of Revenue and regulations required to be adopted; requiring a report from the Department of Commerce, Community, and Economic Development relating to safely and efficiently hosting passengers; defining 'voyage' for purposes of the excise tax; relating to municipal levies on a passenger on a commercial passenger vessel; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the deposit of the proceeds of the tax on gambling operations aboard certain commercial passenger vessels into the large passenger gaming and gambling tax account that is established as a subaccount within the commercial vessel passenger tax account in the general fund; providing for a reduction in the excise tax to $34.50 for a passenger for each voyage on a commercial passenger vessel; describing the passengers that are subject to the excise tax and liable for the payment of the tax; providing for a reduction in the state excise tax imposed on a passenger traveling on a commercial passenger vessel by the amount of tax on a passenger traveling on a commercial passenger vessel imposed by certain municipalities under laws enacted before December 17, 2007; authorizing appropriations from the commercial vessel passenger tax account to the first seven ports of call in the state to certain other municipalities and for costs associated with commercial passenger vessels and the passengers on board; limiting the use of funds appropriated from the commercial passenger vessel tax account to expenditures related to port facilities, harbor infrastructure, other 2010-04-17 House Journal Page 2410 services provided to the commercial passenger vessels and the passengers on board those vessels and certain other purposes; repealing the regional cruise ship impact fund; relating to the administration of the excise tax by the Department of Revenue and regulations required to be adopted; requiring a report from the Department of Commerce, Community, and Economic Development relating to safely and efficiently hosting passengers; defining 'voyage' for purposes of the excise tax; relating to municipal levies on a passenger on a commercial passenger vessel; and providing for an effective date." (HCR 32 - title change resolution) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (3): Austerman, Kelly, Hawker No recommendation (7): Thomas, Gara, Doogan, Joule, N. Foster, Fairclough, Stoltze The following fiscal note(s) apply to HCS CSSB 312(FIN): 2. Fiscal, Dept. of Commerce, Community, & Economic Development 3. Fiscal, Dept. of Revenue CSSB 312(FIN) is on today's calendar. SB 294 The Finance Committee considered: CS FOR SENATE BILL NO. 294(FIN) "An Act amending the termination date of the licensing of sport fishing operators and sport fishing guides; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 294(FIN) (same title) 2010-04-17 House Journal Page 2411 The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: No recommendation (9): Doogan, Gara, Joule, Kelly, Austerman, Salmon, N. Foster, Stoltze, Hawker Amend (2): Thomas, Fairclough The following fiscal note(s) apply to HCS CSSB 294(FIN): 2. Fiscal, Dept. of Fish & Game CSSB 294(FIN) is on today's calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Paul Bernard Nistler By Senator Coghill The following citation was introduced and taken up later as a Special Order of Business: Honoring - Representative Harry Crawford By Representatives Kerttula, Munoz, Lynn; Senators Davis, Egan The Speaker stated that pursuant to Uniform Rule 49(a)(3), concurrent resolutions do not require three readings. The Speaker directed the Chief Clerk to read title change resolutions by the short title only. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 by the House Finance Committee: 2010-04-17 House Journal Page 2412 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 312, relating to the deposit of the proceeds of the tax on gambling operations aboard certain commercial passenger vessels into the general fund; providing for a reduction in the excise tax to $34.50 for a passenger for each voyage on a commercial passenger vessel; describing the passengers that are subject to the excise tax and liable for the payment of the tax; providing for a reduction in the state excise tax imposed on a passenger traveling on a commercial passenger vessel by the amount of tax on a passenger traveling on a commercial passenger vessel imposed by a municipality under a law enacted before December 17, 2007; authorizing appropriations from the commercial vessel passenger tax account to the first seven ports of call in the state and for costs associated with commercial passenger vessels and the passengers on board; limiting the use of funds appropriated from the commercial passenger vessel tax account to expenditures related to port facilities, harbor infrastructure, other services provided to the commercial passenger vessels and the passengers on board those vessels and certain other purposes; repealing the regional cruise ship impact fund; relating to the administration of the excise tax by the Department of Revenue and regulations required to be adopted; requiring a report from the Department of Commerce, Community, and Economic Development relating to safely and efficiently hosting passengers; defining 'voyage' for purposes of the excise tax; and relating to municipal levies on a passenger on a commercial passenger vessel. was read the first time. HCR 33 HOUSE CONCURRENT RESOLUTION NO. 33 by the House Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 221, establishing an advisory task force on higher education and career readiness in the legislative branch of government. was read the first time. 2010-04-17 House Journal Page 2413 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 10 The following was read the second time: 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." with the: Journal Page HSS RPT 4DP 2DNP 1NR 2189 FN3: ZERO(DHS) 2190 FN4: ZERO(CED) 2190 L&C RPT 5DP 1DNP 2333 FN3: ZERO(DHS) 2333 FN4: ZERO(CED) 2333 Representative Johansen moved and asked unanimous consent that CSSB 10(HSS)(efd del) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 10(HSS)(efd del) was read the third time. Representative Crawford moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Crawford was required to vote. 2010-04-17 House Journal Page 2414 The question being: "Shall CSSB 10(HSS)(efd del) pass the House?" The roll was taken with the following result: CSSB 10(HSS)(efd del) Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 1 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, Kerttula, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson Nays: Keller, Kelly, T.Wilson Excused: Lynn Absent: Neuman And so, CSSB 10(HSS)(efd del) passed the House, was signed by the Speaker and Chief Clerk, and returned to the Senate. Representative Johansen moved and asked unanimous consent that Representative Neuman be excused from a call of the House from now to 8:00 a.m., April 18. There being no objection, it was so ordered. SB 139 The following, which is on today's calendar, is in the Finance Committee: CS FOR SENATE BILL NO. 139(FIN) "An Act establishing an employment incentive program for certain health care professionals employed in the state; and providing for an effective date." SB 159 The following was read the second time: 2010-04-17 House Journal Page 2415 SENATE BILL NO. 159 "An Act increasing the maximum funeral expenses payable as a workers' compensation death benefit; and providing for an effective date." with the: Journal Page L&C RPT 3DP 1NR 2139 FN2: ZERO(LWF) 2140 FIN RPT 8DP 2NR 2313 FN2: ZERO(LWF) 2313 Representative Johansen moved and asked unanimous consent that SB 159 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. SB 159 will advance to third reading on tomorrow's calendar. SB 220 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 220(FIN) "An Act relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to the Alaska heating assistance program, to state energy use data, to the Southeast energy fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned or operated by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned or operated by the state with compressed natural gas; authorizing and relating to the 2010-04-17 House Journal Page 2416 issuance of bonds by the Alaska Housing Finance Corporation; relating to a report regarding a municipal energy improvements financing program and to an energy report by the Office of the Governor; and providing for an effective date." UNFINISHED BUSINESS SB 236 Representative Stoltze, Co-chair, moved and asked unanimous consent that the 24-hour publication notice requirement (Uniform Rule 23(d)) be waived in order that the Finance Committee be allowed to schedule the following for a hearing today: CS FOR SENATE BILL NO. 236(EDC) "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes and facilities; and providing for an effective date." There being no objection, it was so ordered. SECOND READING OF SENATE BILLS (continued) SB 221 The following was read the second time: CS FOR SENATE BILL NO. 221(EDC) "An Act establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." with the: Journal Page EDC RPT HCS(EDC) 2DP 3NR 1933 FN1: ZERO(EED) 1934 FN3: ZERO(EED) 1934 FN4: ZERO(S.FIN/LEG) 1934 FIN RPT HCS(FIN) NT 3DNP 6NR 2AM 2406 TITLE CHANGE: HCR 33 2406 FN5: (EED) 2407 2010-04-17 House Journal Page 2417 FN6: (EED) 2407 FN7: (LEG) 2407 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. 221(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Funding Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 221(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 221(FIN) will advance to third reading on tomorrow's calendar. SB 230 The following, which is on today's calendar, is in the Finance Committee: CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." CSSB 230(FIN) was moved to the bottom of the calendar. SB 234 The following was read the second time: 2010-04-17 House Journal Page 2418 CS FOR SENATE BILL NO. 234(FIN) "An Act relating to the voting procedures of the Alcoholic Beverage Control Board; allowing the Alcoholic Beverage 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; relating to the access of persons under 21 to premises where alcoholic beverages are sold, served, or consumed; extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." with the: Journal Page L&C RPT HCS(L&C) NT 5DP 1NR 2268 TITLE CHANGE: HCR 31 2268 FN1: (DPS) 2269 FIN RPT HCS(L&C) NT 10DP 2373 FN2: (DPS) 2374 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. 234(L&C) "An Act relating to the voting procedures of the Alcoholic Beverage Control Board; allowing the Alcoholic Beverage 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." There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 234(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 234(L&C) was read the third time. 2010-04-17 House Journal Page 2419 The question being: "Shall HCS CSSB 234(L&C) pass the House?" The roll was taken with the following result: HCS CSSB 234(L&C) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Joule, Kawasaki, Keller, Kelly, Kerttula, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Lynn, Neuman Absent: Harris, Johnson And so, HCS CSSB 234(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 effective date clause. There being no objection, it was so ordered. HCS CSSB 234(L&C) was referred to the Chief Clerk for engrossment. SB 258 The following was read the second time: CS FOR SENATE BILL NO. 258(L&C) "An Act prohibiting health care insurers that provide dental care coverage from setting fees that a dentist may charge under a preferred provider contract for dental services not covered under the insurer's policy, and relating to preferred provider contracts between insurers and dentists." with the: Journal Page FIN RPT 10DP 2374 FN1: ZERO(CED) 2374 2010-04-17 House Journal Page 2420 Representative Johansen moved and asked unanimous consent that CSSB 258(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 258(L&C) was read the third time. The question being: "Shall CSSB 258(L&C) pass the House?" The roll was taken with the following result: CSSB 258(L&C) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kelly, Kerttula, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Lynn, Neuman Absent: Harris, Joule And so, CSSB 258(L&C) passed the House. Representative Kerttula gave notice of reconsideration of the vote on CSSB 258(L&C). RECONSIDERATION SB 258 Representative Kerttula moved and asked unanimous consent that reconsideration of CSSB 258(L&C) be taken up on the same day. There being no objection, it was so ordered. CSSB 258(L&C) was again before the House in third reading. The question to be reconsidered: "Shall CSSB 258(L&C) pass the House?" The roll was taken with the following result: 2010-04-17 House Journal Page 2421 CSSB 258(L&C) Third Reading Final Passage Reconsideration YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Lynn, Neuman Absent: Gara, Harris And so, CSSB 258(L&C) passed the House on reconsideration, was signed by the Speaker and Chief Clerk, and returned to the Senate. SECOND READING OF SENATE BILLS (continued) SB 294 The following was read the second time: CS FOR SENATE BILL NO. 294(FIN) "An Act amending the termination date of the licensing of sport fishing operators and sport fishing guides; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 9NR 2AM 2410 FN2: (DFG) 2411 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. 294(FIN) (same title) 2010-04-17 House Journal Page 2422 There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 294(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 294(FIN) was read the third time. The question being: "Shall HCS CSSB 294(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 294(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kelly, Kerttula, Millett, Munoz, Olson, Petersen, Ramras, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Nays: Kawasaki, Salmon Excused: Lynn, Neuman Absent: Harris And so, HCS CSSB 294(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. HCS CSSB 294(FIN) was referred to the Chief Clerk for engrossment. SB 305 The following was read the second time: 2010-04-17 House Journal Page 2423 CS FOR SENATE BILL NO. 305(FIN)(title am) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date." with the: Journal Page RES RPT HCS(RES) NT 2DP 5NR 2AM 2235 TITLE CHANGE: HCR 29 2235 FN1: ZERO(S.FIN/REV) 2236 FIN RPT HCS(FIN) NT 1DP 10NR 2381 TITLE CHANGE: HCR 29 2381 FN2: (REV) 2383 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. 305(FIN) "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents 2010-04-17 House Journal Page 2424 the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to the lease expenditures that may be deducted when determining production tax value; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date." There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 305(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 305(FIN) will advance to third reading on tomorrow's calendar. SB 309 The following was read the second time: CS FOR SENATE BILL NO. 309(FIN) "An Act amending and extending the exploration and development incentive tax credit under the Alaska Net Income Tax Act for operators and working interest owners directly engaged in the exploration for and development of gas from a lease or property in the state; relating to interest on certain underpayments or overpayments of the oil and gas production tax; providing a credit against the tax on the production of oil and gas for drilling certain exploration wells in the Cook Inlet sedimentary 2010-04-17 House Journal Page 2425 basin; relating to the use of the oil and gas tax credit fund to purchase certain tax credit certificates; providing for an effective date by amending the effective date for sec. 2, ch. 61, SLA 2003; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 4DP 5NR 2407 FN2: INDETERMINATE(DNR) 2408 FN3: INDETERMINATE(REV) 2408 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. 309(FIN) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 309(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 309(FIN) will advance to third reading on tomorrow's calendar. The Speaker stated that, without objection, the House would recess until 8:00 p.m.; and so, the House recessed at 4:40 p.m. AFTER RECESS The Speaker called the House back to order at 10:39 p.m. The presence of Representative Lynn, who was excused (page 2403), was noted. 2010-04-17 House Journal Page 2426 SECOND READING OF SENATE BILLS SB 312 The following was read the second time: CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the deposit of the proceeds of the tax on gambling operations aboard certain commercial passenger vessels into the general fund; providing for a reduction in the excise tax to $34.50 for a passenger for each voyage on a commercial passenger vessel; describing the passengers that are subject to the excise tax and liable for the payment of the tax; providing for a reduction in the state excise tax imposed on a passenger traveling on a commercial passenger vessel by the amount of tax on a passenger traveling on a commercial passenger vessel imposed by a municipality under a law enacted before December 17, 2007; authorizing appropriations from the commercial vessel passenger tax account to the first seven ports of call in the state and for costs associated with commercial passenger vessels and the passengers on board; limiting the use of funds appropriated from the commercial passenger vessel tax account to expenditures related to port facilities, harbor infrastructure, other services provided to the commercial passenger vessels and the passengers on board those vessels and certain other purposes; repealing the regional cruise ship impact fund; relating to the administration of the excise tax by the Department of Revenue and regulations required to be adopted; requiring a report from the Department of Commerce, Community, and Economic Development relating to safely and efficiently hosting passengers; defining 'voyage' for purposes of the excise tax; relating to municipal levies on a passenger on a commercial passenger vessel; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) NT 3DP 7NR 2408 TITLE CHANGE: HCR 32 2408 FN2: (CED) 2410 FN3: (REV) 2410 2010-04-17 House Journal Page 2427 Representative Johansen moved and asked unanimous consent that CSSB 312(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 312(FIN) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 69 The following, which was advanced to third reading from the April 16, 2010, calendar (page 2362), was read the third time: CS FOR HOUSE BILL NO. 69(FIN) "An Act establishing in the Department of Education and Early Development a voluntary parent and early childhood education program for pre-elementary aged children." Representative Keller moved and asked unanimous consent that CSHB 69(FIN) 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 Representative Keller: Page 1, line 2, following "education" (title amendment): Insert "grant" Page 1, line 10, through page 2, line 16: Delete all material and insert: "PARENTS AS TEACHERS PROGRAM ESTABLISHED. (a) The Department of Education and Early Development shall devise and implement a statewide parents as teachers grant program that supplements available funding for local programs that provide a parents as teachers program that (1) accomplishes goals established by recognized research in the area of parents as teachers that (A) increases parental knowledge of early childhood development; 2010-04-17 House Journal Page 2428 (B) improves parenting practices; (C) provides early detection of developmental delays and health issues; (D) prevents child abuse and neglect; (E) increases school readiness and success; (F) provides family support curricula, training, materials, and services; (2) is consistent with the following core values: (A) the early years of a child's life are critical for optimal development and provide the foundation for success in school and in life; (B) a parent is a child's first and most influential teacher; (C) established and emerging research should be the foundation of parent education; (D) all young children and their families deserve equal opportunities for success; (E) an understanding and appreciation of the history and traditions of diverse cultures are essential to serving families. (b) The department shall establish application and award procedures and award 13 local grants under this section." Representative Keller moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Keller moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. CSHB 69(FIN) was automatically in third reading. The question being: "Shall CSHB 69(FIN) pass the House?" The roll was taken with the following result: CSHB 69(FIN) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 1 ABSENT: 2 2010-04-17 House Journal Page 2429 Yeas: Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Kerttula, Lynn, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson Nays: Gatto, Hawker, Keller, Kelly, T.Wilson Excused: Neuman Absent: Austerman, Stoltze And so, CSHB 69(FIN) passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 6 A message dated April 17, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 6(JUD) am "An Act relating to proscribing certain sexual conduct or sexual activities as cruelty to animals." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals." (SCR 15 - title change resolution) CSHB 6(JUD) am is under Unfinished Business. HB 168 A message dated April 17, 2010, was read stating the Senate passed CSHB 168(FIN) with the following amendment, and it is transmitted for consideration: 2010-04-17 House Journal Page 2430 SENATE CS FOR CS FOR HOUSE BILL NO. 168(FIN) "An Act relating to state certification and designation of trauma centers; creating the trauma care fund to offset trauma care provided at certified and designated trauma centers; and providing for an effective date." CSHB 168(FIN) is under Unfinished Business. HB 294 A message dated April 17, 2010, was read stating the Senate passed: CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by seven years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date." (SCR 23 - title change resolution) CSHB 294(FIN) is under Unfinished Business. HB 324 A message dated April 17, 2010, was read stating the Senate passed: 2010-04-17 House Journal Page 2431 CS FOR HOUSE BILL NO. 324(FIN) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date." with the following amendment, and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 324(JUD) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to sentencing restrictions concerning alcoholic beverages; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date." (SCR 22 - title change resolution) CSHB 324(FIN) is under Unfinished Business. Messages dated April 17, 2010, were read stating the Senate passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 by the Senate Judiciary Committee: 2010-04-17 House Journal Page 2432 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 6, relating to proscribing certain sexual conduct or sexual activities as cruelty to animals. was read the first time and taken up later as a Special Order of Business. SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 by the Senate Judiciary Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 324, relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to service of process for domestic violence protective orders; making conforming amendments; and amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure. was read the first time. SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 by the Senate Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 294, amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years. was read the first time. 2010-04-17 House Journal Page 2433 REPORTS OF STANDING COMMITTEES SB 24 The Finance Committee considered: SENATE BILL NO. 24 "An Act naming the bridge over Hammer Slough on Nordic Drive in Petersburg the Louis Miller Bridge." The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (7): Thomas, Doogan, Joule, Fairclough, Austerman, Kelly, Stoltze No recommendation (3): Gara, Salmon, Hawker The following fiscal note(s) apply: 2. Fiscal, Dept. of Transportation & Public Facilities SB 24 was referred to the Rules Committee for placement on the calendar. SB 25 The Finance Committee considered: SENATE BILL NO. 25 "An Act naming the South Mitkof Island ferry terminal the Richard 'Dewey' Duvall Ferry Terminal." The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (7): Thomas, Fairclough, Gara, Kelly, Austerman, Salmon, Stoltze No recommendation (1): Hawker 2010-04-17 House Journal Page 2434 The following fiscal note(s) apply: 2. Fiscal, Dept. of Transportation & Public Facilities SB 25 was referred to the Rules Committee for placement on the calendar. SB 230 The Finance Committee considered: CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 230(FIN) (same title) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (9): Thomas, Joule, N. Foster, Kelly, Salmon, Fairclough, Austerman, Stoltze, Hawker Do not pass (1): Doogan No recommendation (1): Gara CSSB 230(FIN) is on today's calendar. SB 236 The Finance Committee considered: CS FOR SENATE BILL NO. 236(EDC) "An Act relating to tax credits for cash contributions by taxpayers that are accepted for certain educational purposes and facilities; and providing for an effective date." 2010-04-17 House Journal Page 2435 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 236(FIN) (same title) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (4): Fairclough, N. Foster, Joule, Kelly No recommendation (6): Gara, Austerman, Doogan, Salmon, Stoltze, Hawker The following fiscal note(s) apply to HCS CSSB 236(FIN): 1. Indeterminate, Dept. of Revenue CSSB 236(EDC) was referred to the Rules Committee for placement on the calendar. SB 237 The Finance Committee considered: CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 237(FIN) "An Act relating to energy consumption and costs, operating costs, and energy efficiency standards for school construction and major maintenance by the Department of Education and Early Development; amending the percentages required to be paid by a municipal school district receiving a school construction or major maintenance grant; making a conforming amendment to a bond debt reimbursement provision referencing the percentages; 2010-04-17 House Journal Page 2436 establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; requiring a report from the Department of Education and Early Development; and providing for an effective date." (pending title change resolution) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (6): Gara, Joule, N. Foster, Salmon, Austerman, Hawker No recommendation (5): Thomas, Doogan, Fairclough, Kelly, Stoltze The following fiscal note(s) apply to HCS CSSB 237(FIN): 3. Fiscal, Dept. of Education & Early Development 4. Fiscal, Dept. of Education & Early Development CSSB 237(FIN) is on today's first supplemental calendar. SB 238 The Finance Committee considered: SENATE BILL NO. 238 "An Act amending the eligibility threshold for medical assistance for persons in a medical or intermediate care facility." The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (10): Thomas, Gara, Doogan, Joule, N. Foster, Salmon, Austerman, Fairclough, Stoltze, Hawker No recommendation (1): Kelly The following fiscal note(s) apply: 2010-04-17 House Journal Page 2437 1. Zero, Dept. of Health & Social Services SB 238 was referred to the Rules Committee for placement on the calendar. SB 284 The Finance Committee considered: CS FOR SENATE BILL NO. 284(FIN) "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; prohibiting expenditures and contributions by foreign nationals in state elections; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 284(FIN) (same title) The report was signed by Representatives Stoltze and Hawker, Co- chairs, with the following individual recommendations: Do pass (2): Thomas, Fairclough No recommendation (5): Austerman, Salmon, Kelly, Stoltze, Hawker Amend (4): Gara, Doogan, Joule, N. Foster The following fiscal note(s) apply to HCS CSSB 284(FIN): 1. Zero, Office of the Governor 2. Fiscal, Dept. of Administration CSSB 284(FIN) was referred to the Rules Committee for placement on the calendar. 2010-04-17 House Journal Page 2438 The House advanced to: CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF HOUSE RESOLUTIONS HCR 28 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 28 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 220, relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to the Alaska heating assistance program, to state energy use data, to the Southeast energy fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned or operated by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned or operated by the state with compressed natural gas; authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation; and relating to a report regarding a municipal energy improvements financing program and to an energy report by the Office of the Governor. HCR 29 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: 2010-04-17 House Journal Page 2439 HOUSE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 305, providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; relating to payments of the oil and gas production tax; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; and relating to the allocation of lease expenditures and adjustments to lease expenditures. HCR 31 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 234, relating to the voting procedures of the Alcoholic Beverage Control Board; allowing the Alcoholic Beverage 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; relating to the access of persons under 21 to premises where alcoholic beverages are sold, served, or consumed; and extending the termination date of the Alcoholic Beverage Control Board. 2010-04-17 House Journal Page 2440 The question being: "Shall HCR 31 pass the House?" The roll was taken with the following result: HCR 31 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 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, Millett, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Neuman Absent: Doogan And so, HCR 31 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 21 The following was read the second time: SENATE JOINT RESOLUTION NO. 21 Proposing amendments to the Constitution of the State of Alaska relating to and increasing the number of members of the house of representatives to forty-eight and the number of members of the senate to twenty-four. with the: Journal Page FIN RPT 4DP 4NR 1AM 2404 FN3: INDETERMINATE(LEG) 2404 FN4: (GOV) 2404 Amendment No. 1 was offered by Representatives Austerman, Joule, Johansen, Herron, Edgmon, Seaton, P. Wilson, Kerttula, Thomas, and Munoz: 2010-04-17 House Journal Page 2441 Page 1, line 2 (title amendment): Delete "forty-eight" Insert "forty-four" Page 1, line 3 (title amendment): Delete "twenty-four" Insert "twenty-two" Page 1, lines 7 - 8: Delete "twenty-four" Insert "twenty-two" Page 1, line 8: Delete "forty-eight" Insert "forty-four" Page 1, line 12: Delete "forty-eight" Insert "forty-four" Page 1, line 13: Delete "twenty-four" Insert "twenty-two" Page 2, line 7: Delete "forty-eight" Insert "forty-four" Representative Seaton 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, and the new title follows: SENATE JOINT RESOLUTION NO. 21 am H Proposing amendments to the Constitution of the State of Alaska relating to and increasing the number of members of the house of representatives to forty-four and the number of members of the senate to twenty-two. 2010-04-17 House Journal Page 2442 Representative Johansen moved and asked unanimous consent that SJR 21 am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SJR 21 am H was read the third time. The question being: "Shall SJR 21 am H pass the House?" The roll was taken with the following result: SJR 21 am H Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Joule, Kerttula, Lynn, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson Nays: Gatto, Johnson, Kawasaki, Keller, Kelly, Millett, Stoltze, T.Wilson Excused: Neuman And so, SJR 21 am H passed the House. Representative Johnson gave notice of reconsideration of the vote on SJR 21 am H. SECOND READING OF SENATE BILLS (continued) SB 220 The following, which was moved to the bottom of the calendar (page 2415), was read the second time: CS FOR SENATE BILL NO. 220(FIN) "An Act relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to the Alaska heating assistance program, to state energy use data, to the Southeast 2010-04-17 House Journal Page 2443 energy fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned or operated by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned or operated by the state with compressed natural gas; authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation; relating to a report regarding a municipal energy improvements financing program and to an energy report by the Office of the Governor; and providing for an effective date." with the: Journal Page ENE RPT HCS(ENE) NT 7DP 2192 TITLE CHANGE: HCR 28 2192 FN3: ZERO(DEC) 2194 FN6: INDETERMINATE(DHS) 2194 FN7: (CED) 2194 FN8: (CED) 2194 FN9: ZERO(REV) 2194 FN10: ZERO(REV) 2194 FN11: ZERO(ADM) 2194 FN12: (DOT) 2194 FIN RPT HCS(FIN) NT 9DP 1NR 1AM 2404 TITLE CHANGE: HCR 28 2404 FN3: ZERO(DEC) 2406 FN6: INDETERMINATE(DHS) 2406 FN7: (CED) 2406 FN8: (CED) 2406 FN9: ZERO(REV) 2406 FN11: ZERO(ADM) 2406 FN13: ZERO(REV) 2406 FN14: (DOT) 2406 2010-04-17 House Journal Page 2444 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. 220(FIN) "An Act relating to energy efficiency, energy conservation, and alternative energy, to an emerging energy technology fund, to the lease of state land to a public electric utility, to an exemption from taxation by a municipality of certain residential renewable energy systems, to the Alaska heating assistance program, to state energy use data, to the Southeast energy fund, to the alternative energy revolving loan fund, to nuclear energy production and facilities, to the definition of 'power project' or 'project' as it relates to rural and statewide energy programs and the Alaska Energy Authority, and to the definition of 'alternative energy system'; establishing an Alaska energy efficiency revolving loan fund; directing the Department of Transportation and Public Facilities to prepare a report on the feasibility of using compressed natural gas to power vehicles in the state, including vehicles owned, operated, or paid for in whole or in part by the state, and including in that study, if warranted, a pilot program proposal for powering some vehicles owned, operated, or paid for in whole or in part by the state with compressed natural gas; authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation; relating to a report regarding a municipal energy improvements financing program and to an energy report by the Office of the Governor; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Hawker, Stoltze, Kelly, Fairclough, and Austerman: Page 15, line 26 through page 16, line 23: Delete all material. Renumber the following bill sections accordingly. Page 27, line 22: Delete "secs. 29 - 36" Insert "secs. 28 - 35" 2010-04-17 House Journal Page 2445 Page 27, line 24: Delete "secs. 29 - 36" Insert "secs. 28 - 35" Page 27, line 25: Delete "secs. 29 - 36" Insert "secs. 28 - 35" Page 28, line 5: Delete "secs. 29 - 36" Insert "secs. 28 - 35" Page 28, lines 6 - 12: Delete all material. Renumber the following bill sections accordingly. Page 28, line 20: Delete "Section 44(b)" Insert "Section 43(b)" Representative Hawker moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Millett objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 220(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Dahlstrom, Fairclough, Harris, Hawker, Johnson, Keller, Kelly, Olson, Stoltze, T.Wilson Nays: Buch, Cissna, Crawford, Doogan, Edgmon, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Herron, Holmes, Johansen, Joule, Kawasaki, Kerttula, Lynn, Millett, Munoz, Petersen, Ramras, Salmon, Seaton, Thomas, Tuck, P.Wilson 2010-04-17 House Journal Page 2446 Excused: Neuman And so, Amendment No. 1 was not adopted. Representative Johansen moved and asked unanimous consent that HCS CSSB 220(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 220(FIN) will advance to third reading on tomorrow's calendar. SB 230 The following, which was moved to the bottom of the calendar (page 2417), was read the second time: CS FOR SENATE BILL NO. 230(FIN) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 9DP 1DNP 1NR 2434 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. 230(FIN) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 230(FIN) be considered engrossed, advanced to third reading, and placed on final passage. 2010-04-17 House Journal Page 2447 There was objection. HCS CSSB 230(FIN) will advance to third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Johansen moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Deborah Brevoort By Representatives Kerttula, 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, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson In Memoriam - William Boyd Lampe By Representatives Kerttula, Munoz, Herron, Chenault, Buch, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N. Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Lynn, Millett, Neuman, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P. Wilson, T. Wilson; Senator Egan CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Johansen moved and asked unanimous consent that the House adopt the following First Supplemental Calendar: CSSB 237(FIN) SCHOOL CONSTRUCTION DEBT REIMBURSEMENT SB 13 MEDICAL ASSISTANCE ELIGIBILITY CSSB 292(JUD) PAWNBROKERS There being no objection, it was so ordered. 2010-04-17 House Journal Page 2448 SECOND READING OF SENATE BILLS SB 237 The following was read the second time: CS FOR SENATE BILL NO. 237(FIN) "An Act establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; and requiring a report from the commissioner of revenue." with the: Journal Page FIN RPT HCS(FIN) NT 6DP 5NR 2435 TITLE CHANGE: HCR 34 2435 FN3: (EED) 2436 FN4: (EED) 2436 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. 237(FIN) "An Act relating to energy consumption and costs, operating costs, and energy efficiency standards for school construction and major maintenance by the Department of Education and Early Development; amending the percentages required to be paid by a municipal school district receiving a school construction or major maintenance grant; making a conforming amendment to a bond debt reimbursement provision referencing the percentages; establishing a formula and a fund for school construction grant funding for regional educational attendance areas; extending the deadline for authorizing school construction debt reimbursed by the state; requiring a report from the Department of Education and Early Development; and providing for an effective date." There being no objection, it was so ordered. 2010-04-17 House Journal Page 2449 Representative Johansen moved and asked unanimous consent that HCS CSSB 237(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 237(FIN) will advance to third reading on tomorrow's calendar. SB 13 The following was read the second time: 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." with the: Journal Page HSS RPT 5DP 2DNP 1789 FN5: (DHS) 1789 FN6: (DHS) 1789 FN7: (DHS) 1789 FIN RPT 4DP 2DNP 4NR 2312 FN5: (DHS) 2313 FN6: (DHS) 2313 FN7: (DHS) 2313 Representative Johansen moved and asked unanimous consent that SB 13 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. SB 13 will advance to third reading on tomorrow's calendar. SB 292 The following was read the second time: 2010-04-17 House Journal Page 2450 CS FOR SENATE BILL NO. 292(JUD) "An Act relating to the registration and operation of pawnbrokers, to the exemption for pawnbrokers under the Alaska Small Loans Act, and to the exclusion of pawnbrokers under certain definitions in the Uniform Commercial Code; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 5DP 5NR 2380 FN1: (CED) 2381 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. 292(FIN) (same title) There being no objection, it was so ordered. Representative Johansen moved and asked unanimous consent that HCS CSSB 292(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 292(FIN) will advance to third reading on tomorrow's calendar. CONCUR IN SENATE AMENDMENTS HB 6 Representative Johansen moved and asked unanimous consent that the House consider the Senate message (page 2429) on the following: CS FOR HOUSE BILL NO. 6(JUD) am "An Act relating to proscribing certain sexual conduct or sexual activities as cruelty to animals." 2010-04-17 House Journal Page 2451 and SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals." (SCR 15 - title change resolution) There being no objection, it was so ordered. Representative Johansen moved that the House concur in the Senate amendment to CSHB 6(JUD) am, thus adopting SCS CSHB 6(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 6(JUD) am?" The roll was taken with the following result: SCS CSHB 6(JUD) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Neuman Absent: Millett And so, the House concurred in the Senate amendment. The Chief Clerk notified the Senate. SCS CSHB 6(JUD) was referred to the Chief Clerk for enrollment. 2010-04-17 House Journal Page 2452 SPECIAL ORDER OF BUSINESS SCR 15 Representative Johansen moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 6, relating to proscribing certain sexual conduct or sexual activities as cruelty to animals. There being no objection, it was so ordered. The question being: "Shall SCR 15 pass the House?" The roll was taken with the following result: SCR 15 Special Order of Business YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Buch, Chenault, Cissna, Crawford, Dahlstrom, Doogan, Edgmon, Fairclough, N.Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kelly, Kerttula, Lynn, Munoz, Olson, Petersen, Ramras, Salmon, Seaton, Stoltze, Thomas, Tuck, P.Wilson, T.Wilson Excused: Neuman Absent: Millett And so, SCR 15 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS SB 10 Representatives Kawasaki, Kerttula, Gardner, Cissna, and Guttenberg added their names as cross sponsors to: 2010-04-17 House Journal Page 2453 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." SB 13 Representative Gardner added her name as cross sponsor 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 139 Representative Lynn added his name as cross sponsor to: CS FOR SENATE BILL NO. 139(FIN) "An Act establishing an employment incentive program for certain health care professionals employed in the state; and providing for an effective date." SB 159 Representatives Kerttula and Lynn added their names as cross sponsors 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 219 Representative Johnson added his name as cross sponsor to: 2010-04-17 House Journal Page 2454 CS FOR SENATE BILL NO. 219(FIN) "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." SB 221 Representatives Kawasaki, Lynn, and Cissna added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Funding Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." SB 258 Representative Kerttula added her name as cross sponsor to: CS FOR SENATE BILL NO. 258(L&C) "An Act prohibiting health care insurers that provide dental care coverage from setting fees that a dentist may charge under a preferred provider contract for dental services not covered under the insurer's policy, and relating to preferred provider contracts between insurers and dentists." SB 257 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 257 "An Act relating to funding for youth courts; and relating to accounting for criminal fines." 2010-04-17 House Journal Page 2455 ENGROSSMENT HCR 31 HCR 31 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. HB 69 CSHB 69(FIN) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 234 HCS CSSB 234(L&C) was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. SB 294 HCS CSSB 294(FIN) 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 10:00 a.m., April 18, 2010. There being no objection, the House adjourned at 12:48 a.m., April 18, 2010. Suzi Lowell Chief Clerk