Legislature(2011 - 2012)

2011-03-11 House Journal

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2011-03-11                     House Journal                      Page 0443
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
              TWENTY-SEVENTH LEGISLATURE - FIRST SESSION                                                                     
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Friday                March 11, 2011                                                         
                                                                                                                                
                            Fifty-third Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:33 a.m.                                                                                                          
                                                                                                                                
Roll call showed 38 members present.  Representative Holmes had                                                                 
been excused from a call of the House today.                                                                                    
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
Representative T. Wilson be excused from a call of the House from                                                               
today to 9:40 a.m., March 14.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Dr.                                                                    
Douglas Dye of Chapel by the Lake Presbyterian 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.                                                                                                                 
                                                                                                                                
    Please bow with me as I pray.                                                                                               
                                                                                                                                
    Gracious and loving God, on this beautiful, sun-filled day we                                                               
    pause to give you thanks for the gift of life and the joy of                                                                
    living.  As the Psalmist in the Hebrew Scriptures declared,                                                                 
    "This is the day the Lord has made; let us rejoice and be glad                                                              
    in it." (Psalm 118:24)  So we "thank you," O God, for you                                                                   
    have blessed us with a new day:  a day to enjoy the beauty                                                                  
    and wonder of your creation, a day to love and serve our                                                                    
    families, our colleagues, and our constituents.                                                                             
                                                                                                                                

2011-03-11                     House Journal                      Page 0444
    We thank you for the bounty and grandeur of our beloved                                                                     
    state, Alaska.  Snow-covered mountains, breath-taking coastal                                                               
    vistas, grand forests, immense tundra-all of it speaks of your                                                              
    creative power and love.  Thank you for placing us in this                                                                  
    magnificent land.  Help us to be good and wise stewards of                                                                  
    your creation.                                                                                                              
                                                                                                                                
    Today, O God, as we consider the earthquake in Japan and the                                                                
    ensuing tsunamis, we are reminded of the power of nature and                                                                
    our human fragility.  Strengthen and protect the good people                                                                
    of Japan as they stagger under the force of this natural                                                                    
    disaster.  And protect us and others from similar catastrophes.                                                            
                                                                                                                                
    Loving God, give to these servants in the Alaska State House                                                                
    of Representatives sufficient wisdom and grace for today so                                                                 
    they might lead us ably and well.  Encourage them in their                                                                  
    work.  Grant them wisdom and insight to promote justice and                                                                 
    prosperity amongst us.  Place within them a desire to seek                                                                  
    your counsel as they serve the people of this blessed and                                                                   
    beautiful state.                                                                                                            
                                                                                                                                
    I pray in the name of Jesus. Amen.                                                                                          
                                                                                                                                
The Pledge of Allegiance was led by Representative Kawasaki.                                                                    
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                      nd                                                                                                        
the journal for the 52 legislative day be approved as certified by the                                                          
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Olson introduced Mac Evans, Guest Page, from                                                                     
Anchorage.                                                                                                                      
                                                                                                                                
Representative Pruitt introduced Jonah Parker, Guest Page, from                                                                 
Anchorage.                                                                                                                      
                                                                                                                                
Representative Austerman introduced his granddaughter, Alex Bodily,                                                             
Guest Page, from Kodiak.                                                                                                        

2011-03-11                     House Journal                      Page 0445
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HCR 1                                                                                                                         
The Health & Social Services Committee considered:                                                                              
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 1                                                                                           
    Proclaiming November 2011 to be Pancreatic Cancer Awareness                                                                 
    Month.                                                                                                                      
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(HSS)                                                                     
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Kerttula, Millett, Dick, Seaton, Miller, Herron, Keller                                                           
                                                                                                                                
The following fiscal note(s) apply to CSHCR 1(HSS):                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HCR 1 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HCR 3                                                                                                                         
The Health & Social Services Committee considered:                                                                              
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 3                                                                                           
    Relating to promoting the safety and protection of older Alaskans.                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 3(HSS)                                                                     
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                

2011-03-11                     House Journal                      Page 0446
Do pass (7):  Kerttula, Millett, Dick, Seaton, Miller, Herron, Keller                                                           
                                                                                                                                
The following fiscal note(s) apply to CSHCR 3(HSS):                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HCR 3 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HCR 7                                                                                                                         
The House Special Committee on Military & Veterans' Affairs                                                                     
considered:                                                                                                                     
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 7                                                                                           
    Relating to awarding the Alaska Decoration of Honor to certain                                                              
    members of the military.                                                                                                    
                                                                                                                                
The report was signed by Representatives Thompson and Saddler, Co-                                                              
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Gatto, Miller, Thompson, Saddler                                                                                  
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HCR 7 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
In Memoriam - Rachel Baird                                                                                                      
By Senator Huggins; Representative Neuman                                                                                       
                                                                                                                                

2011-03-11                     House Journal                      Page 0447
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HCR 8                                                                                                                         
HOUSE CONCURRENT RESOLUTION NO. 8 by Representatives                                                                            
Tuck, Cissna, Austerman, Munoz, Dick, Millett, P. Wilson,                                                                       
Gruenberg, Hawker, Guttenberg, Petersen, Fairclough, Costello,                                                                  
Kerttula, Pruitt, Chenault, Miller, Gara, Gardner, Kawasaki, Herron,                                                            
and Johansen:                                                                                                                   
                                                                                                                                
    Urging the Transportation Security Administration to reconsider                                                             
    its use of pat-down search procedures adopted on October 28,                                                                
    2010, and to conduct pat-down searches using less invasive but                                                              
    equally effective procedures; and urging the United States                                                                  
    Congress to exercise greater oversight of the Transportation                                                                
    Security Administration.                                                                                                    
                                                                                                                                
was read the first time and taken up as a Special Order of Business.                                                            
                                                                                                                                
                                                                                                                                
                       SPECIAL ORDER OF BUSINESS                                                                             
                                                                                                                                
HCR 8                                                                                                                         
Representative Austerman moved and asked unanimous consent that                                                                 
HCR 8 be taken up as a Special Order of Business.  There being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being:  "Shall HCR 8 pass the House?"  The roll was                                                                
taken with the following result:                                                                                                
                                                                                                                                
HCR 8                                                                                                                           
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Doogan,                                                                     
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Johansen, Johnson, Joule, Kawasaki,                                                                 
Keller, Kerttula, Miller, Millett, Munoz, Neuman, Olson, Petersen,                                                              
Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson                                                              
                                                                                                                                
Nays:  Lynn                                                                                                                     
                                                                                                                                

2011-03-11                     House Journal                      Page 0448
Excused:  Holmes, T.Wilson                                                                                                      
                                                                                                                                
And so, HCR 8 passed the House and was referred to the Chief Clerk                                                              
for engrossment.                                                                                                                
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                            OF HOUSE BILLS                                                                                   
                                                                                                                                
HB 190                                                                                                                        
HOUSE BILL NO. 190 by Representatives Feige, Chenault, Herron,                                                                  
P. Wilson, and Johnson, entitled:                                                                                               
                                                                                                                                
    "An Act relating to the allowable absence for active duty service                                                           
    members of the armed forces for purposes of permanent fund                                                                  
    dividend eligibility."                                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 191                                                                                                                        
HOUSE BILL NO. 191 by Representatives Thompson by request and                                                                   
Kerttula, entitled:                                                                                                             
                                                                                                                                
    "An Act establishing a state department of agriculture and food                                                             
    and relating to its powers and duties; relating to the powers and                                                           
    duties of the Department of Environmental Conservation and the                                                              
    Department of Natural Resources; and providing for an effective                                                             
    date."                                                                                                                      
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Economic Development, Trade, & Tourism and the Resources and                                                                    
Finance Committees.                                                                                                             
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 130                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                

2011-03-11                     House Journal                      Page 0449
    HOUSE BILL NO. 130                                                                                                          
    "An Act relating to municipal building code requirements for fire                                                           
    sprinkler systems in certain residential buildings; and providing                                                           
    for an effective date."                                                                                                     
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 CRA RPT 6DP                                                        206                                                         
 FN1: ZERO(DPS)                                                     206                                                         
 L&C RPT CS(L&C) NT 7DP                                             268                                                         
 FN1: ZERO(DPS)                                                     268                                                         
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 130(L&C)                                                                                              
    "An Act relating to municipal building code requirements for fire                                                           
    sprinkler systems in certain residential buildings."                                                                        
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 130(L&C) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
                                                                                                                                
CSHB 130(L&C) was read the third time.                                                                                          
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 130(L&C) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 130(L&C)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  33   NAYS:  4   EXCUSED:  2   ABSENT:  1                                                                               
                                                                                                                                

2011-03-11                     House Journal                      Page 0450
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Doogan,                                                                     
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gruenberg,                                                                    
Guttenberg, Hawker, Herron, Johansen, Johnson, Kawasaki, Kerttula,                                                              
Lynn, Miller, Millett, Munoz, Olson, Petersen, Pruitt, Saddler, Seaton,                                                         
Thomas, Thompson, Tuck, P.Wilson                                                                                                
                                                                                                                                
Nays:  Gatto, Keller, Neuman, Stoltze                                                                                           
                                                                                                                                
Excused:  Holmes, T.Wilson                                                                                                      
                                                                                                                                
Absent:  Joule                                                                                                                  
                                                                                                                                
And so, CSHB 130(L&C) passed the House and was referred to the                                                                  
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                                                                                                                                
                  SECOND READING OF HOUSE RESOLUTIONS                                                                        
                                                                                                                                
HR 6                                                                                                                          
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE RESOLUTION NO. 6                                                                                                      
    Urging the North Pacific Fisheries Management Council to amend                                                              
    the groundfish fisheries management plan for the Gulf of Alaska                                                             
    to allow for an annually adjusted cap of prohibited species catch                                                           
    based on an abundance of bycatch species, and expeditiously to                                                              
    implement a Chinook bycatch cap to limit the number of Chinook                                                              
    salmon harvested as bycatch in the Gulf of Alaska.                                                                          
                                                                                                                                
The question being:  "Shall HR 6 pass the House?"  The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
HR 6                                                                                                                            
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Doogan,                                                                     
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Johansen, Johnson, Kawasaki, Keller,                                                                
Kerttula, Lynn, Miller, Millett, Neuman, Olson, Petersen, Pruitt,                                                               
Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson                                                                      
                                                                                                                                

2011-03-11                     House Journal                      Page 0451
Excused:  Holmes, T.Wilson                                                                                                      
                                                                                                                                
Absent:  Joule, Munoz                                                                                                           
                                                                                                                                
And so, HR 6 passed the House and was referred to the Chief Clerk                                                               
for engrossment and enrollment.                                                                                                 
                                                                                                                                
                         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 - South High Boys Varsity Hockey Team, 2010-2011 4A                                                                    
State Champions                                                                                                                 
By Representatives Lynn, Johnson, Chenault, Cissna, Costello, Dick,                                                             
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Joule,                                                                 
Kawasaki, Keller, Kerttula, Miller, Millett, Munoz, Neuman, Olson,                                                              
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator Giessel                                                                                           
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following member be excused from a call of the House.  There                                                                
being no objection, the member was excused as noted:                                                                            
                                                                                                                                
Representative Cissna - from 7:30 p.m., March 14 to 2:00 p.m.,                                                                  
March 20                                                                                                                        
                                                                                                                                
HR 6                                                                                                                          
Representatives Seaton, Neuman, Millett, Hawker, P. Wilson,                                                                     
Chenault, Gara, Thompson, and Gardner added their names as                                                                      
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE RESOLUTION NO. 6                                                                                                      
    Urging the North Pacific Fisheries Management Council to amend                                                              
    the groundfish fisheries management plan for the Gulf of Alaska                                                             
    to allow for an annually adjusted cap of prohibited species catch                                                           
    based on an abundance of bycatch species, and expeditiously to                                                              

2011-03-11                     House Journal                      Page 0452
    implement a Chinook bycatch cap to limit the number of Chinook                                                              
    salmon harvested as bycatch in the Gulf of Alaska.                                                                          
                                                                                                                                
HCR 1                                                                                                                         
Representatives Herron, Millett, and Kerttula added their names as                                                              
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 1                                                                                           
    Proclaiming November 2011 to be Pancreatic Cancer Awareness                                                                 
    Month.                                                                                                                      
                                                                                                                                
HCR 3                                                                                                                         
Representatives Herron, Millett, Kerttula, and Keller added their                                                               
names as cosponsors to:                                                                                                         
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 3                                                                                           
    Relating to promoting the safety and protection of older Alaskans.                                                          
                                                                                                                                
HJR 21                                                                                                                        
Representative Costello added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE JOINT RESOLUTION NO. 21                                                                                               
    Urging the Secretary of the United States Department of the                                                                 
    Interior to withdraw a secretarial order that creates a wild land                                                           
    classification and to administer federal lands in the state in                                                              
    accordance with existing statutes and agency guidelines; and                                                                
    urging the United States Congress to prohibit the use of                                                                    
    appropriated funds by the United States Department of the Interior                                                          
    and the Bureau of Land Management to implement, administer, or                                                              
    enforce the secretarial order.                                                                                              
                                                                                                                                
HB 176                                                                                                                        
Representative Feige added his name as cosponsor to:                                                                            
                                                                                                                                
    HOUSE BILL NO. 176                                                                                                          
    "An Act relating to an allowable absence for members of the                                                                 
    Civilian Expeditionary Workforce of the United States                                                                       
    Department of Defense for purposes of determining eligibility for                                                           
    permanent fund dividends; and providing for an effective date."                                                            
                                                                                                                                

2011-03-11                     House Journal                      Page 0453
HB 180                                                                                                                        
Representative Fairclough added her name as cosponsor to:                                                                       
                                                                                                                                
    HOUSE BILL NO. 180                                                                                                          
    "An Act authorizing the Department of Administration to note a                                                              
    person's status as a veteran on the person's driver's license and to                                                        
    provide certain information to the Department of Military and                                                               
    Veterans' Affairs."                                                                                                         
                                                                                                                                
HB 182                                                                                                                        
Representative Hawker added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 182                                                                                                          
    "An Act relating to distribution of annual reports by state                                                                 
    agencies."                                                                                                                  
                                                                                                                                
HB 184                                                                                                                        
Representative Thompson added his name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 184                                                                                                          
    "An Act relating to the sharing of tax revenue from the fisheries                                                           
    business tax and fishery resource landing tax with municipalities;                                                          
    and providing for an effective date."                                                                                       
                                                                                                                                
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HCR 8                                                                                                                         
HCR 8 was engrossed, signed by the Speaker and Chief Clerk, and                                                                 
transmitted to the Senate for consideration.                                                                                    
                                                                                                                                
HB 130                                                                                                                        
CSHB 130(L&C) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                

2011-03-11                     House Journal                      Page 0454
Financial Disclosure Statements                                                                                                 
Due to APOC:                                                       3/15                                                         
                                                                                                                                
The following meeting today was changed:                                                                                        
                                                                                                                                
Resources Committee                                                                                                             
CHANGED TO:                                                   1:15 p.m.                                                         
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House adjourn until 11:00 a.m., March 14, 2011.  There being no                                                             
objection, the House adjourned at 12:17 p.m.                                                                                    
                                                                                                                                
                                           Suzi Lowell                                                                          
                                           Chief Clerk