Legislature(2011 - 2012)

2011-01-26 House Journal

Full Journal pdf

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                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
               TWENTY-SEVENTH LEGISLATURE - FIRST SESSION                                                                    
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday               January 26, 2011                                                       
                                                                                                                                
                                Ninth Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:33 a.m.                                                                                                          
                                                                                                                                
Roll call showed 35 members present.  Representatives Gatto and                                                                 
Hawker had been excused from a call of the House today.                                                                         
Representative Joule was absent and his presence was noted later.                                                               
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Gara - from today to 10:30 a.m., January 31                                                                      
                                                                                                                                
Representative Gruenberg - from today to 8:00 a.m., January 27                                                                  
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Bob                                                                    
Stevens of St. Brendan's Episcopal Church.  Representative P. Wilson                                                            
moved and asked unanimous consent that the invocation be spread on                                                              
the journal.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
        With the deepest respect for the religious beliefs of all                                                              
    Alaskans, I offer the following prayer:                                                                                     
                                                                                                                                
    Lord God, Creator God:                                                                                                      
                                                                                                                                
    Make us mindful today of who we are and how we fit into                                                                     
    your universe.  This day is a gift given only once; may we be                                                               
    mindful of how we use it because we don't know what                                                                         

2011-01-26                     House Journal                      Page 0120
    tomorrow might bring.  We thank you for our family, friends,                                                                
    and all the good things you have given us.  I pray that the                                                                 
    work done here today is our very best and that we honor the                                                                 
    people we represent.  And tonight when our work is over may                                                                 
    we look back and know that we did the very best we could.                                                                   
                                                                                                                                
    All these things I ask in your name.  Amen.                                                                                 
                                                                                                                                
The Pledge of Allegiance was led by Representative Doogan.                                                                      
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the journal for the seventh and eighth legislative days be approved as                                                          
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Transportation & Public Facilities                                                                                     
Alaska Marine Highway System Fund                                                                                               
Annual Financial Report                                                                                                         
Fiscal Year 2010                                                                                                                
(as required by AS 19.65.070)                                                                                                   
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 16                                                                                                                         
The Health & Social Services Committee considered:                                                                              
                                                                                                                                
    HOUSE BILL NO. 16                                                                                                           
    "An Act extending senior benefits."                                                                                         
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Millett, Dick, Seaton, Miller, Herron, Keller                                                                     
                                                                                                                                

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The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 16 was referred to the Finance Committee.                                                                                    
                                                                                                                                
HB 21                                                                                                                         
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 21                                                                                                           
    "An Act relating to the membership of the Statewide Suicide                                                                 
    Prevention Council."                                                                                                        
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 21(STA)                                                                                               
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Johansen, P. Wilson, Keller, Seaton, Petersen, Lynn                                                               
                                                                                                                                
The following fiscal note(s) apply to CSHB 21(STA):                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 21 was referred to the Finance Committee.                                                                                    
                                                                                                                                
                        INTRODUCTION OF CITATIONS                                                                            
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Bill Legere                                                                                                          
By Senator Egan; Representatives Kerttula, Munoz                                                                                
                                                                                                                                
The following citations were introduced and taken up later as a Special                                                         
Order of Business:                                                                                                              
                                                                                                                                

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Honoring - 2011 Inductees, Alaska Sports Hall of Fame                                                                           
By Representative Joule                                                                                                         
                                                                                                                                
In Memoriam - Specialist Amy Renee Sinkler                                                                                      
By Senator Davis                                                                                                                
                                                                                                                                
In Memoriam - Marlene Andrea Benavides Fleming                                                                                  
By Senator Davis                                                                                                                
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 71                                                                                                                         
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 71 by                                                                                     
Representatives SEATON, GRUENBERG, EDGMON, and Cissna,                                                                          
entitled:                                                                                                                       
                                                                                                                                
    "An Act relating to the duration of a regular session of the                                                                
    legislature."                                                                                                               
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 122                                                                                                                        
HOUSE BILL NO. 122 by Representative Munoz, entitled:                                                                           
                                                                                                                                
    "An Act relating to naturopaths and to the practice of naturopathy;                                                         
    establishing an Alaska Naturopathic Medical Board; authorizing                                                              
    medical assistance program coverage of naturopathic services;                                                               
    amending the definition of 'practice of medicine'; and providing                                                            
    for an effective date."                                                                                                     
                                                                                                                                
was read the first time and referred to the Labor & Commerce, Health                                                            
& Social Services, and Finance Committees.                                                                                      
                                                                                                                                
HB 123                                                                                                                        
HOUSE BILL NO. 123 by Representative Seaton, entitled:                                                                          
                                                                                                                                
    "An Act relating to the Alaska clean water fund."                                                                           
                                                                                                                                

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was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 124                                                                                                                        
HOUSE BILL NO. 124 by Representatives Millett and Chenault,                                                                     
entitled:                                                                                                                       
                                                                                                                                
    "An Act requiring a person who commences a cause of action                                                                  
    seeking to delay a project on state or private land to provide                                                              
    security equal to 10 percent of the value of the project to protect a                                                       
    person who is wrongfully delayed."                                                                                          
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Judiciary Committees.                                                                                                           
                                                                                                                                
HB 125                                                                                                                        
HOUSE BILL NO. 125 by the House Rules Committee by request of                                                                   
the Legislative Budget and Audit Committee, entitled:                                                                           
                                                                                                                                
    "An Act moving the Alcoholic Beverage Control Board to the                                                                  
    Department of Commerce, Community, and Economic                                                                             
    Development and relating to duties of that department; and                                                                  
    providing for an effective date."                                                                                           
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                
HB 126                                                                                                                        
HOUSE BILL NO. 126 by the House Rules Committee by request of                                                                   
the Legislative Budget and Audit Committee, entitled:                                                                           
                                                                                                                                
    "An Act extending the termination dates of the Board of Nursing,                                                            
    the Board of Dental Examiners, the Board of Barbers and                                                                     
    Hairdressers, the Regulatory Commission of Alaska, and the                                                                  
    Alcoholic Beverage Control Board; and providing for an effective                                                            
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Finance Committees.                                                                                                             
                                                                                                                                

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HB 127                                                                                                                        
HOUSE BILL NO. 127 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to the crimes of stalking, online enticement of a                                                          
    minor, unlawful exploitation of a minor, endangering the welfare                                                            
    of a child, sending an explicit image of a minor, harassment,                                                               
    distribution of indecent material to minors, and misconduct                                                                 
    involving confidential information; relating to probation; and                                                              
    providing for an effective date."                                                                                           
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Public Safety                                                                                                
2.  Zero, Dept. of Law                                                                                                          
3.  Indeterminate, Dept. of Administration                                                                                      
4.  Indeterminate, Dept. of Corrections                                                                                         
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 24, 2011, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Together, we can better protect Alaska's children against abuse,                                                                
exploitation, harm, and fear. To that end, and under the authority of                                                           
Article III, Section 18, of the Alaska Constitution, I am transmitting a                                                        
bill relating to the crimes of stalking, online enticement of a minor,                                                          
unlawful exploitation of a minor, endangering the welfare of a child,                                                           
sending an explicit image of a minor, harassment, distribution of                                                               
indecent material to minors, and misconduct involving confidential                                                              
information and probation.                                                                                                      
                                                                                                                                
The bill would strengthen Alaska laws related to sexual exploitation of                                                         
children and domestic violence. The bill prohibits the creation of                                                              
indecent images of children, online enticement of a child, and using a                                                          
computer to solicit or entice a minor to engage in sexual behavior.                                                             
                                                                                                                                

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The bill would expand the crime of stalking to include those acts of                                                            
following or monitoring the victim with a global positioning device,                                                            
and using or installing a device to record or photograph events in the                                                          
victim's home, workplace, vehicle, or on the victim's telephone or                                                              
computer. These changes are in response to technologies that stalkers                                                           
have available to terrorize victims.                                                                                            
                                                                                                                                
Also, the bill would prohibit graphic texting, commonly known as                                                                
"sexting." Perpetrators would be punished for distributing a sexually                                                           
explicit image of a child under 16 years old.                                                                                   
                                                                                                                                
The bill clarifies that conduct by predators outside the state that harm                                                        
victims in Alaska may be prosecuted in this state. The bill also                                                                
clarifies that a child under 16 years old may not be left with an                                                               
individual who must register as a child kidnapper.                                                                              
                                                                                                                                
Finally, the bill would clarify that a court may order active supervision                                                       
for probationers who are on felony probation. Active supervision in                                                             
particular cases enhances public safety by requiring close supervision                                                          
of certain offenders. Active supervision could also be provided to                                                              
certain misdemeanants in the discretion of the commissioner of                                                                  
corrections.                                                                                                                    
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"                                                                                                                       
                                                                                                                                
HB 67                                                                                                                         
The Speaker added a House Special Committee on Economic                                                                         
Development, Trade, & Tourism referral to precede the Labor &                                                                   
Commerce Committee referral for the following:                                                                                  
                                                                                                                                
    HOUSE BILL NO. 67                                                                                                           
    "An Act relating to transferable film production tax credits; and                                                           
    providing for an effective date by amending the effective dates of                                                          
    secs. 3 and 4, ch. 63, SLA 2008."                                                                                           
                                                                                                                                

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HB 67 was removed from the Labor & Commerce Committee and                                                                       
referred to the House Special Committee on Economic Development,                                                                
Trade, & Tourism.                                                                                                               
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citation on the calendar.  There being no                                                                 
objection, the following citation was approved and sent to enrolling:                                                           
                                                                                                                                
Honoring - 2010 Eagle Scouts                                                                                                    
By Representatives Pruitt, Chenault, Austerman, Cissna, Costello,                                                               
Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner,                                                                 
Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen,                                                                 
Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett,                                                              
Munoz, Neuman, Olson, Petersen, Saddler, Seaton, Stoltze, Thomas,                                                               
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
**The presence of Representative Joule was noted.                                                                               
                                                                                                                                
                        SPECIAL ORDER OF BUSINESS                                                                            
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the notice and publication requirements be waived and the citation,                                                             
Honoring - 2011 Inductees, Alaska Sports Hall of Fame, be taken up                                                              
as a Special Order of Business.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citation.  There being no objection, the                                                                  
following citation was approved and sent to enrolling:                                                                          
                                                                                                                                
Honoring - 2011 Inductees, Alaska Sports Hall of Fame                                                                           
By Representatives Joule, Chenault, Cissna, Costello, Dick, Doogan,                                                             
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki,                                                                
Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson                                                                                                            
                                                                                                                                

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Representative Austerman moved and asked unanimous consent that                                                                 
the notice and publication requirements be waived and the citation, In                                                          
Memoriam - Specialist Amy Renee Sinkler, be taken up as a Special                                                               
Order of Business.  There being no objection, it was so ordered.                                                                
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citation.  There being no objection, the                                                                  
following citation was approved and sent to enrolling:                                                                          
                                                                                                                                
                                                                                                                                
In Memoriam - Specialist Amy Renee Sinkler                                                                                      
By Senator Davis; Representatives Chenault, Cissna, Costello, Dick,                                                             
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the notice and publication requirements be waived and the citation, In                                                          
Memoriam - Marlene Andrea Benavides Fleming, be taken up as a                                                                   
Special Order of Business.  There being no objection, it was so                                                                 
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citation.  There being no objection, the                                                                  
following citation was approved and sent to enrolling:                                                                          
                                                                                                                                
                                                                                                                                
In Memoriam - Marlene Andrea Benavides Fleming                                                                                  
By Senator Davis; Representatives Chenault, Cissna, Costello, Dick,                                                             
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                

2011-01-26                     House Journal                      Page 0128
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
HB 16                                                                                                                         
Representatives Herron, Kawasaki, and Johnson added their names as                                                              
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE BILL NO. 16                                                                                                           
    "An Act extending senior benefits."                                                                                         
                                                                                                                                
HB 63                                                                                                                         
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 63                                                                                                           
    "An Act relating to flame retardants and to the manufacture, sale,                                                          
    and distribution of products containing flame retardants; relating                                                          
    to bioaccumulative toxic chemicals; and providing for an effective                                                          
    date."                                                                                                                      
                                                                                                                                
HB 79                                                                                                                         
Representative Holmes added her name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 79                                                                                                           
    "An Act requiring insurance coverage for autism spectrum                                                                    
    disorders, describing the method for establishing a covered                                                                 
    treatment plan for those disorders, and defining the covered                                                                
    treatment for those disorders; and providing for an effective date."                                                        
                                                                                                                                
                              ANNOUNCEMENTS                                                                                  
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., January 28, 2011.  There being no                                                           
objection, the House adjourned at 10:50 a.m.                                                                                    
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk