Legislature(2011 - 2012)
2011-03-14 House Journal
Full Journal pdf2011-03-14 House Journal Page 0461 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday March 14, 2011 Fifty-sixth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:05 a.m. Roll call showed 38 members present. Representative Foster had been excused from a call of the House today. Representative Austerman moved and asked unanimous consent that Representative Gatto be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, The Most Reverend Edward Burns, Bishop of the Catholic Diocese of Juneau. Representative P. Wilson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Good and Gracious God, Heavenly Father, we come before you mindful of the wonderful ways you have blessed us. We continue to ask your blessings upon us as we deliberate the work and the needs of the great state of Alaska. At the same time, we ask for your blessing upon those who are in grave need. In particular, we are mindful of our brothers and sisters in Japan who are experiencing tremendous loss and devastation due to the recent earthquake and tsunami-Lord, bless them and sustain them with your strength and grace. May they know through the generous and charitable acts of our global community that there is worldwide care and concern for them. 2011-03-14 House Journal Page 0462 Lord, we ask that you bless our work this day; guide us as we make decisions for the common good of the people of Alaska. Bless our families and keep them under the protection of your love. We ask all this in your holy name. Amen. The Pledge of Allegiance was led by Representative Kerttula. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that rdthth the journal for the 53, 54, and 55 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Johnson introduced Maggie Elliott, House Page, from Juneau. Representative Olson introduced Savaya Bieber, Guest Page, from Kenai. Representative Feige introduced Natalie Talcott and his daughter, Sidney Feige, Guest Pages, from Chickaloon. MESSAGES FROM THE GOVERNOR SB 33 A message dated March 11, 2011, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 33(STA) "An Act relating to the disposition of remains of a member of the armed forces if the member dies while in a duty status." Chapter No. 1, SLA 2011 Effective Date: June 9, 2011 2011-03-14 House Journal Page 0463 REPORTS OF STANDING COMMITTEES HB 14 The Judiciary Committee considered: HOUSE BILL NO. 14 "An Act authorizing state agencies to pay private legal fees and costs incurred by persons exonerated of alleged Alaska Executive Branch Ethics Act violations; allowing certain public officers and former public officers to accept state payments to offset private legal fees and costs related to defending against an Alaska Executive Branch Ethics Act complaint; and creating certain exceptions to Alaska Executive Branch Ethics Act limitations on the use of state resources to provide or pay for transportation of spouses and children of the governor and the lieutenant governor." and recommends it be replaced with: CS FOR HOUSE BILL NO. 14(JUD) (same title) The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (4): Gruenberg, Thompson, Pruitt, Gatto No recommendation (2): Lynn, Keller The following fiscal note(s) apply to CSHB 14(JUD): 1. Zero, Dept. of Law HB 14 was referred to the Finance Committee. HB 76 The Judiciary Committee considered: HOUSE BILL NO. 76 "An Act relating to costs and fees for stalking and sexual assault protective orders." 2011-03-14 House Journal Page 0464 The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (4): Lynn, Gruenberg, Thompson, Gatto No recommendation (2): Keller, Pruitt The following fiscal note(s) apply: 1. Zero, Dept. of Law HB 76 was referred to the Finance Committee. HB 105 The Resources Committee considered: HOUSE BILL NO. 105 "An Act relating to the Southeast State Forest; and providing for an effective date." The report was signed by Representatives Seaton and Feige, Co- chairs, with the following individual recommendations: Do pass (5): Munoz, Foster, P. Wilson, Seaton, Feige No recommendation (3): Herron, Dick, Kawasaki The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources HB 105 was referred to the Finance Committee. HB 118 The Labor & Commerce Committee considered: HOUSE BILL NO. 118 "An Act relating to a tax credit for corporate income taxes paid for qualified research and development expenditures; and providing for an effective date." 2011-03-14 House Journal Page 0465 and recommends it be replaced with: CS FOR HOUSE BILL NO. 118(L&C) (same title) The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (5): Thompson, Saddler, Johnson, Miller, Olson No recommendation (1): Chenault The following fiscal note(s) apply to CSHB 118(L&C): 1. Indeterminate, Dept. of Revenue HB 118 was referred to the Finance Committee. HB 127 The Judiciary Committee considered: HOUSE BILL NO. 127 "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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 127(JUD) "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, and misconduct involving confidential information; relating to probation; relating to the subpoena power of the attorney general in cases involving use of an Internet service account; and providing for an effective date." 2011-03-14 House Journal Page 0466 The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (5): Lynn, Gruenberg, Thompson, Pruitt, Gatto No recommendation (1): Keller The following fiscal note(s) apply to CSHB 127(JUD): 1. Zero, Dept. of Public Safety 2. Zero, Dept. of Law 3. Indeterminate, Dept. of Administration 4. Indeterminate, Dept. of Corrections 5. Zero, Dept. of Health & Social Services HB 127 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Frank Homan By Representative Millett; Senator Meyer Honoring - Joyce Gwynn Hilyard By Representative Kawasaki; Senator Paskvan Honoring - Regent Cynthia Henry By Representative Kawasaki; Senator Paskvan Honoring - Craig Panthers Girls Basketball Team, 2011 3A Regional Champions By Representative Thomas; Senator Kookesh th Honoring - Lucy "Urutaq" Beaver on the Occasion of Her 112 Birthday By Senator Hoffman; Representative Herron In Memoriam - Raymond Paddock Sr. (Dáak 'ká 'eesh) By Representative Thomas; Senator Kookesh 2011-03-14 House Journal Page 0467 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 119 The following was read the second time: HOUSE BILL NO. 119 "An Act relating to the procurement of supplies, services, professional services, and construction for the Alaska Industrial Development and Export Authority; relating to the definition of 'own' for the economic development account; relating to the definitions of 'development project', 'plant', 'facility', and 'project' for the Alaska Industrial Development and Export Authority; and providing for an effective date." with the: Journal Page EDT RPT CS(EDT) NT 4DP 3NR 232 FN1: ZERO(CED) 233 FIN RPT CS(EDT) NT 4DP 6NR 1AM 318 FN1: ZERO(CED) 318 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. 119(EDT) "An Act relating to the procurement of supplies, services, professional services, and construction for the Alaska Industrial Development and Export Authority; relating to the definition of 'own' for the economic development account; relating to the definitions of 'development project', 'plant', 'facility', and 'project' for the Alaska Industrial Development and Export Authority; relating to the Alaska Industrial Development and Export Authority creating subsidiaries regarding projects financed under AS 44.88.172; and providing for an effective date." There being no objection, it was so ordered. 2011-03-14 House Journal Page 0468 Representative Austerman moved and asked unanimous consent that CSHB 119(EDT) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 119(EDT) will advance to third reading on the March 16, 2011, calendar. HOUSE RESOLUTIONS IN SECOND READING HCR 4 The following, which was read the second time and returned to the Rules Committee (page 214), was again before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 4 Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2010 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; and providing for an effective date for the amendments. The question being: "Shall HCR 4 pass the House?" The roll was taken with the following result: HCR 4 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Gara, Gardner, 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 Excused: Foster, Gatto And so, HCR 4 passed the House. 2011-03-14 House Journal Page 0469 Representative Austerman moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCR 4 was referred to the Chief Clerk for engrossment. 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: In Memoriam - Rachel Baird By Senator Huggins; Representatives Neuman, 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, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS 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 Gardner - from 6:30 a.m., March 19 to 2:30 p.m., March 20; and from 6:30 p.m., March 25 to 10:00 p.m., March 27 Representative Dick - from 11:00 a.m., March 16 to 9:40 a.m., March 18 Representative Costello - from 11:00 a.m., March 18 to 11:00 p.m., March 20 Representative Fairclough - from 11:00 a.m., March 18 to 2:00 p.m., March 20 Representative Johnson - from noon, March 18 to 9:45 a.m., March 21 Representative Keller - from 9:30 a.m., March 18 to 10:30 a.m., March 20 2011-03-14 House Journal Page 0470 Representative Neuman - from 6:00 p.m., March 18 to 9:00 p.m., March 22 Representative Pruitt - from 6:00 p.m., March 18 to 9:30 p.m., March 20 Representative Thompson - from 7:00 p.m., March 18 to 10:00 a.m., March 21 HR 6 The following memorandum dated March 14, 2011, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services, regarding: 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. "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HR 6, which have been corrected in enrolling: Page 1, line 1: [Changes title] Delete "Fisheries" Insert "Fishery" Page 1, line 7: Delete "Fisheries" Insert "Fishery" Page 1, line 9: Delete "Fisheries" Insert "Fishery" Page 1, line 14: Delete "Fisheries" Insert "Fishery" 2011-03-14 House Journal Page 0471 Page 2, line 10: Delete "Fisheries" Insert "Fishery" Page 2, line 14: Delete "Fisheries" Insert "Fishery" Page 2, line 17: Delete "Fisheries" Insert "Fishery" Page 2, line 23: Delete "Olsen" Insert "Olson" Delete "Fisheries" Insert "Fishery"" HB 175 The House Judiciary Committee changed the sponsorship for the following from the House Judiciary Committee (page 361) to the House Judiciary Committee by request: HOUSE BILL NO. 175 "An Act relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date." HB 175 was reprinted today. HB 97 Representative Austerman added his name as cosponsor to: HOUSE BILL NO. 97 "An Act extending a provision relating to noxious weeds, invasive plants, and agricultural pest management and education; providing 2011-03-14 House Journal Page 0472 for an effective date by repealing the effective date of sec. 2, ch. 102, SLA 2008; and providing for an effective date." HB 191 Representatives Tuck, Lynn, Dick, and Miller added their names as cosponsors to: HOUSE BILL NO. 191 "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." ENGROSSMENT HCR 4 HCR 4 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. Financial Disclosure Statements Due to APOC: 3/15 The following meeting today was changed: Finance Committee CANCELED ADJOURNMENT Representative Austerman moved and asked unanimous consent that the House adjourn until 10:30 a.m., March 16, 2011. There being no objection, the House adjourned at 11:40 a.m. Suzi Lowell Chief Clerk