Legislature(2011 - 2012)

2011-04-18 House Journal

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2011-04-18                     House Journal                      Page 1097
                                                                                                                                
                               HOUSE JOURNAL                                                                                 
                                                                                                                                
                         ALASKA STATE LEGISLATURE                                                                            
                                                                                                                                
                        TWENTY-SEVENTH LEGISLATURE                                                                           
                                                                                                                                
                           FIRST SPECIAL SESSION                                                                             
                                                                                                                                
                                                                                                                                
Juneau, Alaska                    Monday                   April 18, 2011                                                     
                                                                                                                                
                                 First Day                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to the Governor's proclamation dated April 17, 2011, calling                                                           
the legislature into special session, the House was called to order by                                                          
Speaker Chenault at 1:09 p.m.                                                                                                   
                                                                                                                                
Roll call showed 39 members present.  Representative Doogan was                                                                 
absent and his presence was noted later.                                                                                        
                                                                                                                                
The invocation was offered by the Chaplain, Representative                                                                      
T. Wilson.  Representative P. Wilson moved and asked unanimous                                                                  
consent that the invocation be spread on the journal.  There being no                                                           
objection, it was so ordered.                                                                                                   
                                                                                                                                
         With the deepest respect for the religious beliefs of all                                                             
     Alaskans, I offer the following prayer.                                                                                    
                                                                                                                                
     Dear Lord,                                                                                                                 
                                                                                                                                
     As we enter a new chapter of work in the legislature, please                                                               
     grant us the wisdom, the patience, and the discernment we                                                                  
     need to mend fences and to accomplish great things on behalf                                                               
     of the people.  Give us a calm spirit to reflect before acting.                                                            
                                                                                                                                
          We thank you for the friendships and experiences you've                                                              
        given us.  And we thank you for keeping us ever mindful of                                                             
     the Alaskans we serve.  Amen.                                                                                              
                                                                                                                                

2011-04-18                     House Journal                      Page 1098
The Pledge of Allegiance was led by Representative Edgmon.                                                                      
                                                                                                                                
                                                                                                                                
                        MESSAGES FROM THE GOVERNOR                                                                           
                                                                                                                                
The Governor's proclamation adjourning the First Session of the                                                                 
Twenty-Seventh Legislature (page 1091) was read.                                                                                
                                                                                                                                
The following Governor's proclamation dated April 17, 2011, was                                                                 
read:                                                                                                                           
                                                                                                                                
"Under the authority of Article II, Section 9 and Article III, Section 17                                                       
of the Alaska Constitution, and in the public interest, I call the                                                              
Twenty-Seventh Legislature of the State of Alaska into its first special                                                        
session at Juneau, Alaska, in the legislative chambers on April 18,                                                             
2011, at 1:00 p.m., to consider the passage of bills on subjects                                                                
germane to the titles of the following bills while those bills were under                                                       
consideration by the Senate and House of Representatives during the                                                             
first regular session:                                                                                                          
                                                                                                                                
HB 108  Appropriations for the Operating and Loan Program                                                                       
   Expenses of State Government                                                                                                 
HB 109  Mental Health Appropriations                                                                                            
SB  46  Capital Appropriations and Appropriations to Capitalize                                                                 
   Funds                                                                                                                        
SB  76  Supplemental Appropriations                                                                                             
HB 104  Alaska Performance Scholarship Fund                                                                                     
SB  42  Power Project:  Susitna/Alaska Energy Authority                                                                         
HB 106  Extend the Alaska Coastal Management Program                                                                            
SB  84  Vocational Education and Basic Funding/Tax Credits                                                                      
HB  24  Extend the Regulatory Commission of Alaska                                                                              
HB 126  Extend Boards and Commissions                                                                                           
                                                                                                                                
                   th                                                                                                           
 Dated this 17 day of April, 2011.                                                                                              
 Time:  10:51 p.m.                                                                                                              
                                                                                                                                
                                /s/                                                                                             
                               Sean Parnell                                                                                    
                                 Governor"                                                                                     
                                                                                                                                

2011-04-18                     House Journal                      Page 1099
                         MESSAGES FROM THE SENATE                                                                            
                                                                                                                                
HB 24                                                                                                                         
A message dated April 17, 2011, was read stating the Senate passed                                                              
CSHB 24(FIN) with the following amendment, and it is transmitted                                                                
for consideration:                                                                                                              
                                                                                                                                
     SENATE CS FOR 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."                                                                
                                                                                                                                
CSHB 24(FIN) is under Unfinished Business.                                                                                      
                                                                                                                                
**The presence of Representative Doogan was noted.                                                                              
                                                                                                                                
                                                                                                                                
HB 126                                                                                                                        
A message dated April 17, 2011, was read stating the Senate passed:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 126(FIN)                                                                                             
     "An Act extending the termination dates of the Board of Nursing,                                                           
     the Board of Dental Examiners, and the Board of Barbers and                                                                
     Hairdressers; and providing for an effective date."                                                                        
                                                                                                                                
with the following amendment, and it is transmitted for consideration:                                                          
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 126(FIN)                                                                               
     "An Act relating to qualifications for serving on a state board or                                                         
     commission; extending the termination dates of the Board of                                                                
     Nursing, the Board of Dental Examiners, the Board of Barbers and                                                           
     Hairdressers, and the Alcoholic Beverage Control Board; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
 (SCR 15 - title change resolution)                                                                                             
                                                                                                                                
CSHB 126(FIN) is under Unfinished Business.                                                                                     
                                                                                                                                
A message dated April 17, 2011, was read stating the Senate passed                                                              
the following, and it is transmitted for consideration:                                                                         
                                                                                                                                

2011-04-18                     House Journal                      Page 1100
                        FIRST READING AND REFERENCE                                                                          
                           OF SENATE RESOLUTIONS                                                                             
                                                                                                                                
SCR 15                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 15 by the Senate                                                                               
Finance Committee:                                                                                                              
                                                                                                                                
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning House Bill No. 126,                                                               
     extending the termination dates of the Board of Nursing, the                                                               
     Board of Dental Examiners, and the Board of Barbers and                                                                    
     Hairdressers.                                                                                                              
                                                                                                                                
was read the first time and held on the Clerk's desk.                                                                           
                                                                                                                                
                                                                                                                                
                        CONCUR IN SENATE AMENDMENTS                                                                          
                                                                                                                                
HB 126                                                                                                                        
Representative Austerman moved and asked unanimous consent that                                                                 
the House consider the Senate message (page 1099) on the following:                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 126(FIN)                                                                                             
     "An Act extending the termination dates of the Board of Nursing,                                                           
     the Board of Dental Examiners, and the Board of Barbers and                                                                
     Hairdressers; and providing for an effective date."                                                                        
                                                                                                                                
and                                                                                                                             
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 126(FIN)                                                                               
     "An Act relating to qualifications for serving on a state board or                                                         
     commission; extending the termination dates of the Board of                                                                
     Nursing, the Board of Dental Examiners, the Board of Barbers and                                                           
     Hairdressers, and the Alcoholic Beverage Control Board; and                                                                
     providing for an effective date."                                                                                          
                                                                                                                                
 (SCR 15 - title change resolution)                                                                                             
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2011-04-18                     House Journal                      Page 1101
Representative Austerman moved that the House concur in the Senate                                                              
amendment to CSHB 126(FIN), thus adopting SCS CSHB 126(FIN),                                                                    
and recommended that the members vote yes.                                                                                      
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 126(FIN)?"  The roll was taken with the                                                                       
following result:                                                                                                               
                                                                                                                                
SCS CSHB 126(FIN)                                                                                                               
Concur                                                                                                                          
                                                                                                                                
YEAS:  33   NAYS:  6   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gatto, Hawker, Herron, Holmes,                                                                 
Johansen, Johnson, Joule, Kawasaki, Keller, Lynn, Millett, Munoz,                                                               
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P.Wilson                                                                                                        
                                                                                                                                
Nays:  Gardner, Gruenberg, Guttenberg, Kerttula, Miller, T.Wilson                                                               
                                                                                                                                
Absent:  Cissna                                                                                                                 
                                                                                                                                
And so, the House concurred in the Senate amendment.                                                                            
                                                                                                                                
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.                                                            
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
SCS CSHB 126(FIN) was referred to the Chief Clerk for enrollment.                                                               
                                                                                                                                
                         SPECIAL ORDER OF BUSINESS                                                                           
                                                                                                                                
SCR 15                                                                                                                        
Representative Austerman moved and asked unanimous consent that                                                                 
the following be taken up as a Special Order of Business:                                                                       
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 15                                                                                        
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning House Bill No. 126,                                                               
     extending the termination dates of the Board of Nursing, the                                                               

2011-04-18                     House Journal                      Page 1102
     Board of Dental Examiners, and the Board of Barbers and                                                                    
     Hairdressers.                                                                                                              
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall SCR 15 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
SCR 15                                                                                                                          
Special Order of Business                                                                                                       
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, 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                                                                                                        
                                                                                                                                
Absent:  Cissna                                                                                                                 
                                                                                                                                
And so, SCR 15 passed the House, was signed by the Speaker and                                                                  
Chief Clerk, and returned to the Senate.                                                                                        
                                                                                                                                
                        CONCUR IN SENATE AMENDMENTS                                                                          
                                                                                                                                
HB 24                                                                                                                         
Representative Austerman moved and asked unanimous consent that                                                                 
the House consider the Senate message (page 1099) on the following:                                                             
                                                                                                                                
     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."                                                                
                                                                                                                                
and                                                                                                                             
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 24(FIN)                                                                                
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                

2011-04-18                     House Journal                      Page 1103
Representative Austerman moved that the House concur in the Senate                                                              
amendment to CSHB 24(FIN), thus adopting SCS CSHB 24(FIN), and                                                                  
recommended that the members vote no.                                                                                           
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 24(FIN)?"  The roll was taken with the                                                                        
following result:                                                                                                               
                                                                                                                                
SCS CSHB 24(FIN)                                                                                                                
Concur                                                                                                                          
                                                                                                                                
YEAS:  0   NAYS:  39   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Nays:  Austerman, Chenault, 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                                                                                                        
                                                                                                                                
Absent:  Cissna                                                                                                                 
                                                                                                                                
And so, the House failed to concur in the Senate amendment.                                                                     
                                                                                                                                
The Chief Clerk notified the Senate and respectfully requested it to                                                            
recede.                                                                                                                         
                                                                                                                                
In the event the Senate fails to recede from its amendment, the                                                                 
Speaker appointed the following members to a Conference Committee                                                               
to meet with a like committee from the Senate to consider the above                                                             
bills:                                                                                                                          
                                                                                                                                
 Representative Olson, Chair                                                                                                    
 Representative Johnson                                                                                                         
 Representative Holmes                                                                                                          
                                                                                                                                
                                ENGROSSMENT                                                                                  
                                                                                                                                
SB 84                                                                                                                         
The following, which engrossment was waived (page 1089), was                                                                    
engrossed and returned to the Senate:                                                                                           
                                                                                                                                

2011-04-18                     House Journal                      Page 1104
             HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) am H                                                                  
     "An Act amending the funding for statewide residential                                                                     
     educational programs; relating to funding for high school                                                                  
     vocational and technical instruction as a component of funding for                                                         
     public schools; relating to education tax credits; creating a pilot                                                        
     project in the Iditarod Area School District; providing for an                                                             
     effective date by amending the effective date in sec. 57, ch. 92,                                                          
     SLA 2010; and providing for an effective date."                                                                            
                                                                                                                                
                               ANNOUNCEMENTS                                                                                 
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2011.                                                                                                                           
                                                                                                                                
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., April 19, 2011.  There being no                                                             
objection, the House adjourned at 2:12 p.m.                                                                                     
                                                                                                                                
                                              Suzi Lowell                                                                       
                                              Chief Clerk