Legislature(2011 - 2012)
2011-03-18 House Journal
Full Journal pdf2011-03-18 House Journal Page 0503 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday March 18, 2011 Sixtieth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:35 a.m. Roll call showed 29 members present. Representatives Cissna, Foster, Herron, Johansen, Joule, Kawasaki, Keller, and Petersen had been excused from a call of the House today. Representative Gara was absent and his presence was noted later. Representative Austerman moved and asked unanimous consent that Representatives Kerttula and Munoz 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, we come before you confident in your love for us. We ask that you bless the legislators of the great state of Alaska. In their work, may they reflect your justice. In their decisions, may they reflect your wisdom. In their actions, may they reflect your love. And for all of us, may we reflect you for you have created us in your image. We ask your blessing upon the neediest in our world. In particular, we are mindful of our brothers and sisters in Japan. We ask, too, for your providential care for the needy within the state of Alaska. Through our charitable works may they know your presence and consolation. 2011-03-18 House Journal Page 0504 Heavenly Father, we pray and support our legislators as they represent us in bringing forth the laws of this land. May they always strive for the common good in this state of Alaska. Guide them, protect their families, and may they always know your peace and presence in their lives. We offer this prayer in your name and to your glory forever and ever. Amen. The Pledge of Allegiance was led by Representative Lynn. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that thth the journal for the 58 and 59 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 11 A message dated March 16, 2011, was read stating the Senate passed: HOUSE JOINT RESOLUTION NO. 11 Urging the United States Congress to refrain from passing legislation that designates land in Area 1002 of the Arctic National Wildlife Refuge as wilderness. HJR 11 was referred to the Chief Clerk for enrollment. A message dated March 16, 2011, was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 61 CS FOR SENATE BILL NO. 61(STA) by the Senate State Affairs Committee, entitled: 2011-03-18 House Journal Page 0505 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES The Judiciary Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Donald Haase as a member of the Alaska Judicial Council. The report was signed by Representative Gatto, Chair; and Representatives Lynn, Gruenberg, Keller, Thompson, Pruitt, and Holmes. HJR 8 The Resources Committee considered: HOUSE JOINT RESOLUTION NO. 8 Urging the United States Food and Drug Administration to deny an application to sell genetically engineered salmon in the United States; urging compliance with the provision of P.L. 110-85 (Food and Drug Administration Amendments Act of 2007) that requires the Commissioner of Food and Drugs to consult with the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration regarding a report on environmental risks associated with genetically engineered seafood products; and urging that product labeling requirements include the words "Genetically Modified" prominently displayed on the front of the package if the application is approved by the United States Food and Drug Administration. and recommends it be replaced with: 2011-03-18 House Journal Page 0506 CS FOR HOUSE JOINT RESOLUTION NO. 8(RES) Urging the United States Food and Drug Administration to deny any application to sell genetically engineered salmon in the United States; urging compliance with the provision of P.L. 110-85 (Food and Drug Administration Amendments Act of 2007) that requires the Commissioner of Food and Drugs to consult with the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration regarding a report on environmental risks associated with genetically engineered seafood products; and urging that product labeling requirements include the words "Genetically Modified" prominently displayed on the front of the package if the application is approved by the United States Food and Drug Administration. The report was signed by Representatives Feige and Seaton, Co- chairs, with the following individual recommendations: Do pass (6): Gardner, P. Wilson, Herron, Kawasaki, Feige, Seaton The following fiscal note(s) apply to CSHJR 8(RES): 1. Zero, Legislative Agency HJR 8 was referred to the Rules Committee for placement on the calendar. HB 24 The Labor & Commerce Committee considered: HOUSE BILL NO. 24 "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 24(L&C) (same title) 2011-03-18 House Journal Page 0507 The report was signed by Representative Olson, Chair, with the following individual recommendations: Do pass (7): Chenault, Thompson, Saddler, Johnson, Holmes, Miller, Olson The following fiscal note(s) apply to CSHB 24(L&C): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 24 was referred to the Finance Committee. HB 78 The Health & Social Services Committee considered: HOUSE BILL NO. 78 "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 78(HSS) (same title) The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (3): Millett, Miller, Herron No recommendation (1): Keller The following fiscal note(s) apply to CSHB 78(HSS): 1. Zero, Dept. of Education & Early Development 2. Fiscal, Dept. of Health & Social Services HB 78 was referred to the Finance Committee. 2011-03-18 House Journal Page 0508 HB 121 The Resources Committee considered: HOUSE BILL NO. 121 "An Act establishing the commercial charter fisheries revolving loan fund, the mariculture revolving loan fund, and the Alaska microloan revolving loan fund and relating to those funds and loans from those funds; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 121(FSH) "An Act relating to loans made to commercial fishermen under the Commercial Fishing Loan Act for product quality improvements and energy efficiency upgrades; establishing the commercial charter fisheries revolving loan fund, the mariculture revolving loan fund, and the Alaska microloan revolving loan fund and relating to those funds and loans from those funds; and providing for an effective date." The report was signed by Representatives Feige and Seaton, Co- chairs, with the following individual recommendations: Do pass (7): Gardner, Munoz, P. Wilson, Herron, Kawasaki, Feige, Seaton The following fiscal note(s) apply to CSHB 121(FSH): 2. Fiscal, Dept. of Commerce, Community, & Economic Development 3. Fiscal, Dept. of Commerce, Community, & Economic Development 4. Fiscal, Dept. of Commerce, Community, & Economic Development 5. Fiscal, Dept. of Commerce, Community, & Economic Development HB 121 was referred to the Finance Committee. HB 166 The Finance Committee considered: 2011-03-18 House Journal Page 0509 HOUSE BILL NO. 166 "An Act relating to performance reviews and audits of executive branch agencies, the University of Alaska, and the Alaska Court System; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 166(FIN) "An Act relating to performance reviews and audits of executive and legislative branch agencies, the University of Alaska, and the Alaska Court System; and providing for an effective date." The report was signed by Representatives Stoltze and Thomas, Co- chairs, with the following individual recommendations: Do pass (7): Fairclough, T. Wilson, Joule, Costello, Edgmon, Stoltze, Thomas Amend (3): Guttenberg, Gara, Doogan The following fiscal note(s) apply to CSHB 166(FIN): 1. Zero, Office of the Governor 2. Fiscal, Legislative Agency HB 166 was referred to the Rules Committee for placement on the calendar. HB 175 The Judiciary Committee considered: 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." 2011-03-18 House Journal Page 0510 and recommends it be replaced with: CS FOR HOUSE BILL NO. 175(JUD) (same title) The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (3): Lynn, Thompson, Gatto No recommendation (4): Gruenberg, Keller, Holmes, Pruitt The following fiscal note(s) apply to CSHB 175(JUD): 1. Zero, Dept. of Corrections 2. Zero, Dept. of Law 3. Zero, Dept. of Public Safety HB 175 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HJR 15 The House Special Committee on Economic Development, Trade, & Tourism considered: HOUSE JOINT RESOLUTION NO. 15 Relating to collaboration with the Yukon and the Northwest Territories through the Pacific NorthWest Economic Region and its Arctic Caucus to address common issues. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 15(EDT) (same title) The report was signed by Representative Herron, Chair, with the following individual recommendations: 2011-03-18 House Journal Page 0511 Do pass (6): Gardner, Thompson, Olson, Keller, Tuck, Herron The following fiscal note(s) apply to CSHJR 15(EDT): 1. Zero, Legislative Agency HJR 15 was referred to the Rules Committee for placement on the calendar. HB 180 The House Special Committee on Military & Veterans' Affairs considered: 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 180(MLV) "An Act authorizing the Department of Administration to note a person's status as a retired veteran or a veteran discharged under honorable conditions on the person's driver's license or identification card and to provide certain information to the Department of Military and Veterans' Affairs; and providing for an effective date." The report was signed by Representatives Saddler and Thompson, Co- chairs, with the following individual recommendations: Do pass (5): Lynn, Gatto, Miller, Saddler, Thompson Do not pass (1): Austerman The following fiscal note(s) apply to CSHB 180(MLV): 1. Fiscal, Dept. of Administration 2011-03-18 House Journal Page 0512 HB 180 was referred to the State Affairs Committee. **The presence of Representative Gara was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Greg Carlson, 2010 Alaska Music Educator of the Year By Representative Herron; Senator Hoffman Honoring - Kaylee Miltersen, Alaska State Poetry Out Loud Finalist By Senator Dyson Honoring - Christa Hayes By Senator Menard Honoring - Kenai Chamber of Commerce, 2010 Community Service Awards By Senator Wagoner; Representatives Chenault, Olson Honoring - Soldotna Chamber of Commerce, 2010 Community Service Awards By Senator Wagoner; Representatives Chenault, Olson th Honoring - 75 Anniversary of Alaska State Fair By Senator Menard; Representative Stoltze In Memoriam - Joyce Munson By Representative Tuck; Senator Meyer In Memoriam - Gregory Moxie By Representative Edgmon; Senator Hoffman In Memoriam - Frederick Lyall Lambing By Representatives Keller, Stoltze, Gatto, Neuman; Senators Huggins, Menard 2011-03-18 House Journal Page 0513 In Memoriam - Robert I. Vanderpool By Representative Herron; Senator Hoffman In Memoriam - James "Jimbo" Edwards By Representatives Doogan, Holmes; Senator Menard In Memoriam - Sarah Lee "Sally" Elliott By Senator Hoffman; Representative Herron The following citation was introduced and taken up later as a Special Order of Business: Honoring - Cyrano's Off-Center Playhouse By Representative Gara INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 10 HOUSE CONCURRENT RESOLUTION NO. 10 by Representative Petersen: Encouraging the state, municipalities of the state, and private organizations in the state to weigh the benefits and costs of waste- to-energy technology and to consider waste-to-energy technology to help meet the energy and waste management needs of the state, municipalities of the state, and private organizations in the state. was read the first time and referred to the House Special Committee on Energy and the Community & Regional Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 13 The following was read the second time: 2011-03-18 House Journal Page 0514 HOUSE BILL NO. 13 "An Act relating to fees and charges for medical treatment or services as they relate to workers' compensation; and providing for an effective date." with the: Journal Page L&C RPT 6DP 251 FN1: (LWF) 251 FIN RPT 11DP 401 FN2: (H.FIN/LWF) 402 Representative Austerman moved and asked unanimous consent that HB 13 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 13 was read the third time. The question being: "Shall HB 13 pass the House?" The roll was taken with the following result: HB 13 Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 10 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holmes, Johnson, Lynn, Miller, Millett, Neuman, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Cissna, Foster, Herron, Johansen, Joule, Kawasaki, Keller, Kerttula, Munoz, Petersen And so, HB 13 passed the House. 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. 2011-03-18 House Journal Page 0515 HB 13 was referred to the Chief Clerk for engrossment. HOUSE BILLS IN SECOND READING HB 119 The Speaker stated that, without objection, the following which was held in second reading from the March 16, 2011, calendar (page 492), with Amendment No. 1 (page 491) moved and pending, would be held to the March 23, 2011, calendar: 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." LEGISLATIVE CITATIONS Representative Austerman moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Kyong Hollen, Business Leader of the Year By Representatives Kawasaki, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Paskvan Honoring - Eagle Scout Cody Warfield By Representatives Chenault, Olson, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, 2011-03-18 House Journal Page 0516 Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator Wagoner Honoring - Providence Senior Care Center By Representatives Gara, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, 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 Honoring - Timothy Kraska, BP Teacher of Excellence By Senator Coghill; Representatives T. Wilson, 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 th Honoring - Juneau Peace Corps Volunteers on the 50 Anniversary of the Peace Corps By Senator Egan; Representatives Kerttula, Munoz, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Miller, Millett, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson th Honoring - Institute of Social and Economic Research, 50 Anniversary By Senator Stevens; Representatives 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, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Lloyd "Stinky" Franklin Hardy By Representatives Foster, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Gara, Gardner, Gatto, Gruenberg, 2011-03-18 House Journal Page 0517 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; Senator Olson 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 Olson - from 5:00 p.m., March 21 to 8:00 p.m., March 24 Representative Chenault - from 7:00 a.m., March 19 to 9:30 p.m., March 20 Representative Fairclough - from 11:00 a.m., March 18 to 10:30 a.m., March 22 (amended from page 496) Representative Stoltze - from 7:00 p.m., March 20 to 10:00 a.m., March 22 Representative Thomas - from 9:00 a.m., March 20 to 11:00 p.m., March 21 Representative T. Wilson - from 6:30 p.m., March 20 to 8:30 p.m., March 21 Representative Doogan - from 7:30 a.m., March 19 to 10:30 a.m., March 22 Representative Gara - from 6:45 p.m., March 18 to 10:00 p.m., March 21 Representative Guttenberg - from 5:00 p.m., March 21 to 10:00 p.m., March 22 Representative Holmes - from 6:00 a.m., March 19 to 10:30 a.m., March 21; and from 6:00 p.m., March 25 to 10:30 a.m., March 28 2011-03-18 House Journal Page 0518 Representative Millett - from 6:00 a.m., March 19 to 10:30 p.m., March 21 (amended from page 495); and from 6:00 p.m., March 25 to 10:30 p.m., March 27 HB 180 The Speaker added a Finance Committee referral for the following: 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 180 is in the State Affairs Committee. RECONSIDERATION HB 19 The Speaker stated that, without objection, reconsideration (page 490) of the following would be held to March 23, 2011: HOUSE BILL NO. 19 "An Act relating to special request registration plates; and providing for an effective date." SPECIAL ORDER OF BUSINESS Representative Austerman moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Cyrano's Off-Center Playhouse, 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 - Cyrano's Off-Center Playhouse By Representatives Gara, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johnson, Joule, Kawasaki, 2011-03-18 House Journal Page 0519 Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS HJR 15 Representative Gardner added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 15 Relating to collaboration with the Yukon and the Northwest Territories through the Pacific NorthWest Economic Region and its Arctic Caucus to address common issues. HB 78 Representative Millett added her name as cosponsor to: HOUSE BILL NO. 78 "An Act establishing a loan repayment program and employment incentive program for certain health care professionals employed in the state; and providing for an effective date." HB 134 Representative P. Wilson removed her name as cosponsor to: HOUSE BILL NO. 134 "An Act relating to the relationship between employees and labor organizations; prohibiting collective bargaining contracts that require employees to join a labor or employee organization; extending the policy and limitations set out in this Act to public employers and public employees subject to the Public Employment Relations Act; and providing for an effective date." HB 166 Representatives Kerttula, Thomas, and Fairclough added their names as cosponsors to: HOUSE BILL NO. 166 "An Act relating to performance reviews and audits of executive branch agencies, the University of Alaska, and the Alaska Court System; and providing for an effective date." 2011-03-18 House Journal Page 0520 HB 180 Representative Lynn added his 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 194 Representative Gara added his name as cosponsor to: HOUSE BILL NO. 194 "An Act making a special appropriation to the Alaska permanent fund; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." ENGROSSMENT HB 13 HB 13 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ENROLLMENT HJR 11 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:46 a.m., March 18, 2011: HOUSE JOINT RESOLUTION NO. 11 Urging the United States Congress to refrain from passing legislation that designates land in Area 1002 of the Arctic National Wildlife Refuge as wilderness. Legislative Resolve No. 5 2011-03-18 House Journal Page 0521 ANNOUNCEMENTS House committee schedules are published under separate cover. The following meeting today was changed: Finance Committee 1:30 p.m. CANCELED ADJOURNMENT Representative Austerman moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 21, 2011. There being no objection, the House adjourned at 11:12 a.m. Suzi Lowell Chief Clerk