Legislature(2011 - 2012)

2011-03-23 House Journal

Full Journal pdf

2011-03-23                     House Journal                      Page 0541
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                TWENTY-SEVENTH LEGISLATURE - FIRST SESSION                                                                   
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Wednesday                 March 23, 2011                                                      
                                                                                                                                
                              Sixty-fifth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:34 a.m.                                                                                                          
                                                                                                                                
Roll call showed 38 members present.  Representative Olson had been                                                             
excused from a call of the House today.  Representative Holmes was                                                              
absent and her presence was noted later.                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, David Dierdorff of                                                                  
Juneau Unitarian Universalist Fellowship.  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 join me in reverence.                                                                                               
                                                                                                                                
     Spirit of Life, known by many names yet by no name fully                                                                   
     known, the representatives gather here today with hopes and                                                                
     dreams and also with fears and wounds.  May we be reminded                                                                 
     that all things come and go; that today's victories and today's                                                            
     losses will in time give way to those of tomorrow when roles                                                               
     may well be reversed.  Help us to find the patience to accept                                                              
     our fears and wounds and the persistence to pursue our hopes                                                               
     and dreams.                                                                                                                
                                                                                                                                
     Spirit of Life, mother and father of us all, help us to remember                                                           
     those who came before us and to know that there will be                                                                    
     others who follow us.  May we always be open to growth and                                                                 
     change, to movement, to grace.                                                                                             
                                                                                                                                

2011-03-23                     House Journal                      Page 0542
     In the name of all that is holy, and in all holy names that have                                                          
     ever been uttered, let us say Blessed be, Shalom, and Amen.                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Munoz.                                                                       
                                                                                                                                
                       CERTIFICATION OF THE JOURNAL                                                                          
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                       rdth                                                                                                     
the journal for the 63 and 64 legislative days and Senate and House                                                             
Joint Journal Supplement No. 5 be approved as certified by the Chief                                                            
Clerk.  There being no objection, it was so ordered.                                                                            
                                                                                                                                
                                 * * * * *                                                                                   
                                                                                                                                
Representative Munoz introduced Andrew Dilley, Guest Page, from                                                                 
Juneau.                                                                                                                         
                                                                                                                                
Representative Kerttula introduced Shota Endo, Guest Page, from                                                                 
Japan and Juneau and Sydney Jones and Adeline Prussing, Guest                                                                   
Pages, from Juneau.                                                                                                             
                                                                                                                                
Representative Johansen introduced his daughters, Shelbi and Makena                                                             
Johansen, Guest Pages, from Ketchikan.                                                                                          
                                                                                                                                
                                                                                                                                
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
A message dated March 21, 2011, was read stating the Senate passed                                                              
the following, and it is transmitted for consideration:                                                                         
                                                                                                                                
                        FIRST READING AND REFERENCE                                                                          
                              OF SENATE BILLS                                                                                
                                                                                                                                
SB 93                                                                                                                         
SENATE BILL NO. 93 by the Senate State Affairs Committee,                                                                       
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to special request specialty organization                                                                 
     registration plates; and providing for an effective date."                                                                 
                                                                                                                                

2011-03-23                     House Journal                      Page 0543
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HJR 21                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
     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.                                                                                             
                                                                                                                                
The report was signed by Representatives Seaton and Feige, Co-                                                                  
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (7):  Munoz, Gardner, Dick, Herron, P. Wilson, Seaton, Feige                                                            
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HJR 21 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 24                                                                                                                         
The Finance 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:                                                                                             
                                                                                                                                

2011-03-23                     House Journal                      Page 0544
     CS FOR HOUSE BILL NO. 24(FIN)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (8):  Fairclough, T. Wilson, Joule, Costello, Edgmon,                                                                   
Doogan, Stoltze, Thomas                                                                                                         
                                                                                                                                
No recommendation (2):  Guttenberg, Gara                                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 24(FIN):                                                                             
                                                                                                                                
2. Fiscal, House Finance Committee/Dept. of Commerce, Community,                                                                
& Economic Development                                                                                                          
                                                                                                                                
HB 24 is on today's calendar.                                                                                                   
                                                                                                                                
HB 89                                                                                                                         
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 89                                                                                                          
     "An Act authorizing the commissioner of natural resources to                                                               
     offer bedload material for disposal for flood control purposes in                                                          
     exchange for a percentage of the profit from the sale of that                                                              
     material."                                                                                                                 
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 89(RES)                                                                                              
     "An Act relating to the disposal of certain bedload material in                                                            
     conjunction with a flood mitigation plan."                                                                                 
                                                                                                                                
The report was signed by Representatives Seaton and Feige, Co-                                                                  
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (3):  P. Wilson, Seaton, Feige                                                                                          
                                                                                                                                
No recommendation (4):  Herron, Dick, Gardner, Munoz                                                                            
                                                                                                                                

2011-03-23                     House Journal                      Page 0545
The following fiscal note(s) apply to CSHB 89(RES):                                                                             
                                                                                                                                
1.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
HB 89 was referred to the Finance Committee.                                                                                    
                                                                                                                                
**The presence of Representative Holmes was noted.                                                                              
                                                                                                                                
HB 97                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                
     HOUSE BILL NO. 97                                                                                                          
     "An Act extending a provision relating to noxious weeds, invasive                                                          
     plants, and agricultural pest management and education; providing                                                          
     for an effective date by repealing the effective date of sec. 2, ch.                                                       
     102, SLA 2008; and providing for an effective date."                                                                       
                                                                                                                                
The report was signed by Representative Stoltze, Co-chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Fairclough, Guttenberg, T. Wilson, Gara, Costello,                                                                
Doogan, Stoltze                                                                                                                 
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Natural Resources                                                                                          
                                                                                                                                
HB 97 was referred to the Rules Committee for placement on the                                                                  
calendar.                                                                                                                       
                                                                                                                                
HB 104                                                                                                                        
The Education Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 104                                                                                                         
     "An Act renaming the Alaska performance scholarship and                                                                    
     relating to the scholarship and tax credits applicable to                                                                  
     contributions to the scholarship; establishing the Alaska                                                                  
     performance scholarship investment fund and the Alaska                                                                     
     performance scholarship award fund and relating to the funds;                                                              
     making conforming amendments; and providing for an effective                                                               
     date."                                                                                                                     
                                                                                                                                

2011-03-23                     House Journal                      Page 0546
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 104(EDC)                                                                                             
     "An Act renaming the Alaska performance scholarship and                                                                    
     relating to the scholarship and tax credits applicable to                                                                  
     contributions to the scholarship; relating to AlaskAdvantage                                                               
     education grant funding and to Alaska performance scholarship                                                              
     funding; establishing an account and fund for those purposes;                                                              
     making conforming amendments; and providing for an effective                                                               
     date."                                                                                                                     
                                                                                                                                
The report was signed by Representative Dick, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Seaton, Dick                                                                                                      
                                                                                                                                
Amend (4):  Cissna, P. Wilson, Pruitt, Feige                                                                                    
                                                                                                                                
The following fiscal note(s) apply to CSHB 104(EDC):                                                                            
                                                                                                                                
3.  Indeterminate, Dept. of Education & Early Development                                                                       
                                                                                                                                
HB 104 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 131                                                                                                                        
The Transportation Committee considered:                                                                                        
                                                                                                                                
     HOUSE BILL NO. 131                                                                                                         
     "An Act establishing the Alaska Community and Public                                                                       
     Transportation Advisory Board and relating to a long-range                                                                 
     community and public transportation plan; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 131(TRA)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative P. Wilson, Chair, with the                                                              
following individual recommendations:                                                                                           
                                                                                                                                

2011-03-23                     House Journal                      Page 0547
Do pass (4):  Munoz, Petersen, Gruenberg, P. Wilson                                                                             
                                                                                                                                
No recommendation (3):  Johnson, Feige, Pruitt                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 131(TRA):                                                                            
                                                                                                                                
1.  Fiscal, Dept. of Transportation & Public Facilities                                                                         
                                                                                                                                
HB 131 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 147                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
     HOUSE BILL NO. 147                                                                                                         
     "An Act setting a monthly salary for the executive secretary of the                                                        
     Board of Public Accountancy."                                                                                              
                                                                                                                                
The report was signed by Representative Stoltze, Co-chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (7):  Fairclough, Guttenberg, T. Wilson, Gara, Costello,                                                                
Doogan, Stoltze                                                                                                                 
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 147 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 155                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 155                                                                                                         
     "An Act relating to public construction contracts."                                                                        
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 155(L&C)                                                                                             
     "An Act relating to the applicability of prevailing wage rates to                                                          
     public construction contracts; and, with regard to public                                                                  

2011-03-23                     House Journal                      Page 0548
     construction contracts, relating to notifications, bonding                                                                 
     notifications, filings, notices, primary contractors, final payments,                                                      
     penalties, advertised specifications, required contract provisions,                                                        
     terminations, lists of violating contractors, and remedies."                                                               
                                                                                                                                
The report was signed by Representative Olson, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (1):  Olson                                                                                                             
                                                                                                                                
No recommendation (5):  Chenault, Thompson, Saddler, Holmes,                                                                    
Miller                                                                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 155(L&C):                                                                            
                                                                                                                                
1.  Zero, Dept. of Labor & Workforce Development                                                                                
                                                                                                                                
HB 155 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 169                                                                                                                        
The State Affairs Committee considered:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 169                                                                                                         
     "An Act relating to the review of proposed regulations by the                                                              
     Legislative Affairs Agency; and providing for an effective date."                                                          
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Johansen, P. Wilson, Keller, Petersen, Lynn                                                                       
                                                                                                                                
No recommendation (1):  Seaton                                                                                                  
                                                                                                                                
Amend (1):  Gruenberg                                                                                                           
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                

2011-03-23                     House Journal                      Page 0549
HB 169 was referred to the Judiciary Committee.                                                                                 
                                                                                                                                
HB 189                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
     HOUSE BILL NO. 189                                                                                                         
     "An Act relating to the Alaska Gasline Development Corporation                                                             
     and creating an exception to the public records statute for                                                                
     information provided to the Alaska Gasline Development                                                                     
     Corporation; amending the composition of the Joint In-State                                                                
     Gasline Development Team; and providing for an effective date."                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 189(RES)                                                                                             
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representative Seaton, Co-chair, with the                                                              
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  P. Wilson, Dick, Foster, Seaton                                                                                   
                                                                                                                                
No recommendation (3):  Herron, Gardner, Munoz                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 189(RES):                                                                            
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
HB 189 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                       REPORTS OF SPECIAL COMMITTEES                                                                         
                                                                                                                                
The House Special Committee on Fisheries reviewed the qualifications                                                            
of the following and recommends the appointments be forwarded to a                                                              
joint session for consideration:                                                                                                
                                                                                                                                
                               Cora Campbell                                                                                   
                                                                                                                                
as Commissioner of the Department of Fish and Game.                                                                             
                                                                                                                                

2011-03-23                     House Journal                      Page 0550
                               Benjamin Brown                                                                                   
                                                                                                                                
as a member of the Alaska Commercial Fisheries Entry Commission.                                                                
                                                                                                                                
                                Michael Smith                                                                                   
                                                                                                                                
as a member of the Board of Fisheries.                                                                                          
                                                                                                                                
The reports were signed by Representative Thompson, Chair; and                                                                  
Representatives Pruitt, Johnson, Kawasaki, and Miller.                                                                          
                                                                                                                                
HCR 9                                                                                                                         
The House Special Committee on Energy considered:                                                                               
                                                                                                                                
     HOUSE CONCURRENT RESOLUTION NO. 9                                                                                          
     Establishing in the Alaska State Legislature the Alaska Working                                                            
     Group on Interstate Energy Production.                                                                                     
                                                                                                                                
The report was signed by Representatives Pruitt and Foster, Co-chairs,                                                          
with the following individual recommendations:                                                                                  
                                                                                                                                
Do pass (5):  Tuck, Lynn, Saddler, Pruitt, Foster                                                                               
                                                                                                                                
Amend (1):  Petersen                                                                                                            
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Legislative Agency                                                                                                  
                                                                                                                                
HCR 9 was referred to the Finance Committee.                                                                                    
                                                                                                                                
HJR 20                                                                                                                        
The House Special Committee on Energy considered:                                                                               
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 20                                                                                              
     Urging the President of the United States, the United States                                                               
     Congress, and the Secretary of the United States Department of                                                             
     Agriculture not to implement protection of inventoried roadless                                                            
     areas under the "roadless rule" or otherwise restrict the                                                                  
     development of necessary hydroelectric projects in the Tongass                                                             
     National Forest and the Chugach National Forest.                                                                           
                                                                                                                                

2011-03-23                     House Journal                      Page 0551
and recommends it be replaced with:                                                                                             
                                                                                                                                
     CS FOR HOUSE JOINT RESOLUTION NO. 20(ENE)                                                                                  
     (same title)                                                                                                               
                                                                                                                                
The report was signed by Representatives Pruitt and Foster, Co-chairs,                                                          
with the following individual recommendations:                                                                                  
                                                                                                                                
Do pass (6):  Lynn, Tuck, Petersen, Saddler, Pruitt, Foster                                                                     
                                                                                                                                
The following fiscal note(s) apply to CSHJR 20(ENE):                                                                            
                                                                                                                                
1.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
HJR 20 was referred to the Resources Committee.                                                                                 
                                                                                                                                
                         INTRODUCTION OF CITATIONS                                                                           
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Olivia Pfeifer, 2011 Prudential Spirit of Community                                                                  
Award                                                                                                                           
By Senator Wagoner; Representative Olson                                                                                        
                                                                                                                                
Honoring - Dennis McMillan                                                                                                      
By Senator Ellis; Representative Gruenberg                                                                                      
                                                                                                                                
In Memoriam - Jean Williams                                                                                                     
By Representatives Guttenberg, Gara                                                                                             
                                                                                                                                
In Memoriam - Ronald Dean "Ron" Young                                                                                           
By Representative Thompson                                                                                                      
                                                                                                                                
In Memoriam - Michael Robert Cathey                                                                                             
By Senator Stevens; Representative Austerman                                                                                    
                                                                                                                                
In Memoriam - Jerry Dixon                                                                                                       
By Senator Stevens; Representative Seaton                                                                                       
                                                                                                                                

2011-03-23                     House Journal                      Page 0552
In Memoriam - Karl H. Greenewald Sr.                                                                                            
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
In Memoriam - Bailey Paul Jr.                                                                                                   
By Senator Kookesh; Representative Dick                                                                                         
                                                                                                                                
In Memoriam - Teresa (Terry) Kathleen Hamilton Dean                                                                             
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
In Memoriam - John J. Herda                                                                                                     
By Senator Meyer; Representative Millett                                                                                        
                                                                                                                                
                INTRODUCTION, FIRST READING, AND REFERENCE                                                                   
                              OF HOUSE BILLS                                                                                 
                                                                                                                                
HB 202                                                                                                                        
HOUSE BILL NO. 202 by Representatives Dick and T. Wilson,                                                                       
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to the sale of food products by the producer to                                                           
     the consumer."                                                                                                             
                                                                                                                                
was read the first time and referred to the Labor & Commerce and                                                                
Resources Committees.                                                                                                           
                                                                                                                                
HB 203                                                                                                                        
HOUSE BILL NO. 203 by Representatives Chenault, Johnson,                                                                        
T. Wilson, Fairclough, Costello, Neuman, and Thompson, entitled:                                                                
                                                                                                                                
     "An Act establishing and relating to the in-state gas pipeline fund;                                                       
     and providing for an effective date."                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HB 204                                                                                                                        
HOUSE BILL NO. 204 by Representatives Fairclough and Neuman,                                                                    
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to the State Procurement Code, including the use                                                          
     of small procurement provisions for certain amounts of leased                                                              

2011-03-23                     House Journal                      Page 0553
     space, the requirement of Alaska business license proof for Alaska                                                         
     bidder and other procurement preferences, the registration of                                                              
     construction contract bidders and offerors, the establishment and                                                          
     maintenance of lists of persons who want to provide supplies or                                                            
     services to the state, state agencies, and state instrumentalities,                                                        
     electronic bids and proposals, small procurements, and writings;                                                           
     and providing for an effective date."                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 205                                                                                                                        
HOUSE BILL NO. 205 by Representatives Fairclough and Neuman,                                                                    
entitled:                                                                                                                       
                                                                                                                                
     "An Act relating to state and public entity procurement, including                                                         
     the State Procurement Code, procurement preferences, and                                                                   
     contract awards; relating to the meaning of 'Alaska bidder'; and                                                           
     providing for an effective date."                                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                                                                                                                
                       SECOND READING OF HOUSE BILLS                                                                         
                                                                                                                                
HB 24                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 24                                                                                                          
     "An Act extending the termination date of the Regulatory                                                                   
     Commission of Alaska; and providing for an effective date."                                                                
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 L&C RPT CS(L&C) 7DP                                                    506                                                     
 FN1: (CED)                                                             507                                                     
 FIN RPT CS(FIN) 8DP 2NR                                                543                                                     
 FN2: (H.FIN/CED)                                                       544                                                     

2011-03-23                     House Journal                      Page 0554
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. 24(FIN)                                                                                              
     (same title)                                                                                                               
                                                                                                                                
Representative Miller objected and withdrew the objection.  There                                                               
being no further objection, CSHB 24(FIN) was adopted.                                                                           
                                                                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 24(FIN) be considered engrossed, advanced to third reading,                                                                
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
                                                                                                                                
CSHB 24(FIN) will advance to third reading on the March 25, 2011,                                                               
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 166                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     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."                                                                              
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 FIN RPT CS(FIN) NT 7DP 3AM                                             508                                                     
 FN1: ZERO(GOV)                                                         509                                                     
 FN2: (LEG)                                                             509                                                     
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                

2011-03-23                     House Journal                      Page 0555
     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."                                                                 
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
                                                                                                                                
Amendment No. 1 was offered  by Representatives Chenault,                                                                        
Fairclough, Doogan, and Stoltze:                                                                                                
                                                                                                                                
Page 3, line 19:                                                                                                                
     Delete "Department of Law"                                                                                                 
     Insert "Office of the Governor"                                                                                            
                                                                                                                                
Page 3, line 20:                                                                                                                
     Delete "Department of Public Safety"                                                                                       
     Insert "agencies of the legislative branch"                                                                                
                                                                                                                                
Page 4, line 3:                                                                                                                 
     Delete "Office of the Governor"                                                                                            
     Insert "Department of Law"                                                                                                 
                                                                                                                                
Page 4, line 4:                                                                                                                 
     Delete "agencies of the legislative branch"                                                                                
     Insert "Department of Public Safety"                                                                                       
                                                                                                                                
Representative Fairclough moved and asked unanimous consent that                                                                
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 1 was adopted.                                                                                                    
                                                                                                                                
                                                                                                                                
Amendment No. 2 was offered  by Representative Doogan:                                                                           
                                                                                                                                
Page 3, line 17, following "years":                                                                                             
     Insert ", except for the Office of the Governor and the agencies of                                                        
the legislature, which shall be reviewed every four years"                                                                      
                                                                                                                                

2011-03-23                     House Journal                      Page 0556
Representative Doogan moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Hawker objected.                                                                                                 
                                                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 166(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Cissna, Dick, Doogan, Gara, Gardner, Gruenberg, Guttenberg,                                                              
Johansen, Kawasaki, Kerttula, Lynn, Miller, Millett, Petersen, Tuck                                                             
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Edgmon, Fairclough, Feige,                                                                
Foster, Gatto, Hawker, Herron, Holmes, Johnson, Joule, Keller,                                                                  
Munoz, Neuman, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                              
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                
Amendment No. 3 was offered  by Representative Gara:                                                                             
                                                                                                                                
Page 4, lines 14-15:                                                                                                            
      Delete "that compose at least 10 percent of the general funds"                                                           
                                                                                                                                
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative T. Wilson objected.                                                                                              
                                                                                                                                
                                                                                                                                
The Speaker voided the first vote on Amendment No. 3 and stated that                                                            
a second vote would be taken.                                                                                                   
                                                                                                                                

2011-03-23                     House Journal                      Page 0557
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 166(FIN) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  29   EXCUSED:  1   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Gara, Gruenberg, Holmes, Kawasaki, Kerttula, Miller, Petersen                                                            
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon,                                                                     
Fairclough, Feige, Foster, Gardner, Gatto, Guttenberg, Hawker,                                                                  
Herron, Johansen, Johnson, Keller, Lynn, Millett, Munoz, Neuman,                                                                
Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson,                                                                   
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
Absent:  Cissna, Joule, Tuck                                                                                                    
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHB 166(FIN) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHB 166(FIN) am was read the third time.                                                                                       
                                                                                                                                
The question being:  "Shall CSHB 166(FIN) am pass the House?"  The                                                              
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 166(FIN) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  1   EXCUSED:  1   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, 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, Petersen, Pruitt,                                                               
Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson                                                                  
                                                                                                                                

2011-03-23                     House Journal                      Page 0558
Nays:  Gara                                                                                                                     
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
Absent:  Cissna, Tuck                                                                                                           
                                                                                                                                
And so, CSHB 166(FIN) am 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.                                                            
                                                                                                                                
CSHB 166(FIN) am was referred to the Chief Clerk for engrossment.                                                               
                                                                                                                                
The Speaker stated that, without objection, the House would recess                                                              
until 7:00 p.m.; and so, the House recessed at 12:39 p.m.                                                                       
                                                                                                                                
                               AFTER RECESS                                                                                  
                                                                                                                                
The Speaker called the House back to order at 7:09 p.m.                                                                         
                                                                                                                                
The Speaker stated that, without objection, the House would revert to:                                                          
                                                                                                                                
                      REPORTS OF STANDING COMMITTEES                                                                         
                                                                                                                                
HB 188                                                                                                                        
The Labor & Commerce Committee considered:                                                                                      
                                                                                                                                
     HOUSE BILL NO. 188                                                                                                         
     "An Act relating to the interest that may be charged by express                                                            
     agreement."                                                                                                                
                                                                                                                                
The report was signed by Representative Johnson, Vice Chair, with the                                                           
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Chenault, Thompson, Saddler, Holmes, Miller, Johnson                                                              
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                

2011-03-23                     House Journal                      Page 0559
HB 188 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
The House advanced to:                                                                                                          
                                                                                                                                
                    CONSIDERATION OF THE DAILY CALENDAR                                                                      
                                (continued)                                                                                    
                                                                                                                                
                       HOUSE BILLS IN SECOND READING                                                                         
                                                                                                                                
HB 119                                                                                                                        
The following, which was held in second reading from the March 18,                                                              
2011, calendar (page 515), with Amendment No. 1 (page 491) moved                                                                
and pending, was again before the House:                                                                                        
                                                                                                                                
     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."                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent to withdraw                                                               
Amendment No. 1 (page 491).  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
CSHB 119(EDT) was automatically in third reading.                                                                               
                                                                                                                                
The question being:  "Shall CSHB 119(EDT) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 119(EDT)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                

2011-03-23                     House Journal                      Page 0560
Yeas:  Austerman, 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,                                                               
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Olson                                                                                                                 
                                                                                                                                
And so, CSHB 119(EDT) 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.                                                            
                                                                                                                                
CSHB 119(EDT) was referred to the Chief Clerk for engrossment.                                                                  
                                                                                                                                
                                                                                                                                
                           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 - John Quniaq Baker, 2011 Iditarod Champion                                                                            
By Representatives Joule, Chenault, Cissna, Costello, Dick, Doogan,                                                             
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki,                                                                
Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson                                                                                                            
                                                                                                                                
Honoring - Chanlyut                                                                                                             
By Representatives Gruenberg, Chenault, Cissna, Costello, Dick,                                                                 
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P. Wilson, T. Wilson                                                                                                      
                                                                                                                                

2011-03-23                     House Journal                      Page 0561
Honoring - Credit Union 1                                                                                                       
By Representatives Gruenberg, Chenault, Cissna, Costello, Dick,                                                                 
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
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 - Michael Rehe, Eagle Scout                                                                                            
By Senator Wielechowski; Representatives Petersen, 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, Pruitt, Saddler, Seaton,                                                                 
Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                           
                                                                                                                                
Honoring - Richard Toymil, 2010 National Distinguished Principal                                                                
By Senator Dyson; Representatives Chenault, Cissna, Costello, Dick,                                                             
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Barbara Newell                                                                                                    
By Representatives Gruenberg, Chenault, Cissna, Costello, Dick,                                                                 
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
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 - Susan Joy "Sue" Thompson                                                                                          
By Senator Stevens; Representatives Austerman, Chenault, Cissna,                                                                
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller,                                                             
Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton,                                                               
Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                           
                                                                                                                                

2011-03-23                     House Journal                      Page 0562
                            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 Thomas - from 8:00 a.m., March 25 to 10:00 p.m.,                                                                 
March 27                                                                                                                        
                                                                                                                                
Representative Johnson - from 11:00 a.m., March 25 to 9:30 p.m.,                                                                
March 27                                                                                                                        
                                                                                                                                
Representative Saddler - from 5:00 p.m., March 25 to 8:00 a.m.,                                                                 
March 29                                                                                                                        
                                                                                                                                
Representative Feige - from 6:30 p.m., March 25 to 10:00 p.m.,                                                                  
March 27                                                                                                                        
                                                                                                                                
Representative Foster - from 6:30 p.m., March 25 to 10:00 a.m.,                                                                 
March 28                                                                                                                        
                                                                                                                                
HJR 21                                                                                                                        
Representative Dick added his 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 24                                                                                                                         
Representative Petersen added his name as cosponsor to:                                                                         
                                                                                                                                
     CS FOR HOUSE BILL NO. 24(FIN)                                                                                              
     "An Act extending the termination date of the Regulatory                                                                   
     Commission of Alaska; and providing for an effective date."                                                                

2011-03-23                     House Journal                      Page 0563
HB 78                                                                                                                         
Representative Tuck added his 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 79                                                                                                                         
Representative Munoz added her name as cosponsor to:                                                                            
                                                                                                                                
     HOUSE BILL NO. 79                                                                                                          
     "An Act requiring insurance coverage for autism spectrum                                                                   
     disorders, describing the method for establishing a covered                                                                
     treatment plan for those disorders, and defining the covered                                                               
     treatment for those disorders; and providing for an effective date."                                                       
                                                                                                                                
HB 88                                                                                                                         
Representative Keller added his name as cosponsor to:                                                                           
                                                                                                                                
     HOUSE BILL NO. 88                                                                                                          
     "An Act prohibiting a court, arbitrator, mediator, administrative                                                          
     agency, or enforcement authority from applying a law, rule, or                                                             
     provision of an agreement that violates an individual's right under                                                        
     the Constitution of the State of Alaska or the United States                                                               
     Constitution."                                                                                                             
                                                                                                                                
HB 131                                                                                                                        
Representative Gruenberg added his name as cosponsor to:                                                                        
                                                                                                                                
     HOUSE BILL NO. 131                                                                                                         
     "An Act establishing the Alaska Community and Public                                                                       
     Transportation Advisory Board and relating to a long-range                                                                 
     community and public transportation plan; and providing for an                                                             
     effective date."                                                                                                           
                                                                                                                                
HB 166                                                                                                                        
Representatives Petersen, Saddler, Hawker, Seaton, Gardner, Herron,                                                             
P. Wilson, and Lynn added their names as cosponsors to:                                                                         
                                                                                                                                

2011-03-23                     House Journal                      Page 0564
     CS FOR HOUSE BILL NO. 166(FIN) am                                                                                          
     "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."                                                                 
                                                                                                                                
HB 179                                                                                                                        
Representative Gardner added her name as cosponsor to:                                                                          
                                                                                                                                
     HOUSE BILL NO. 179                                                                                                         
     "An Act relating to cruelty to animals and making failure to care                                                          
     for five or more animals in a single continuous episode a class C                                                          
     felony."                                                                                                                   
                                                                                                                                
                                ENGROSSMENT                                                                                  
                                                                                                                                
HB 19                                                                                                                         
Reconsideration of the following, which was held to today (page 518),                                                           
was not taken up on this legislative day.  It was engrossed, signed by                                                          
the Speaker and Chief Clerk, and transmitted to the Senate for                                                                  
consideration:                                                                                                                  
                                                                                                                                
     HOUSE BILL NO. 19                                                                                                          
     "An Act relating to special request registration plates; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                
HB 119                                                                                                                        
CSHB 119(EDT) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
HB 166                                                                                                                        
CSHB 166(FIN) am was engrossed, signed by the Speaker and Chief                                                                 
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                                ENROLLMENT                                                                                   
                                                                                                                                
HCR 4                                                                                                                         
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 3:07 p.m.,                                                             
March 21, 2011, with a manifest error memorandum (page 535):                                                                    

2011-03-23                     House Journal                      Page 0565
     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.                                                                                  
                                                                                                                                
     Legislative Resolve No. 6                                                                                                  
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                                ADJOURNMENT                                                                                  
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., March 25, 2011.  There being no                                                             
objection, the House adjourned at 7:26 p.m.                                                                                     
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk