Legislature(2011 - 2012)

2011-05-05 House Journal

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2011-05-05                     House Journal                      Page 1187
                                                                                                                                
                              HOUSE JOURNAL                                                                                  
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                       TWENTY-SEVENTH LEGISLATURE                                                                            
                                                                                                                                
                          FIRST SPECIAL SESSION                                                                              
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Thursday                    May 5, 2011                                                       
                                                                                                                                
                             Eighteenth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker pro                                                            
tempore Austerman at 1:02 p.m.                                                                                                  
                                                                                                                                
Roll call showed 38 members present.  Representatives Chenault and                                                              
Hawker had been excused from a call of the House today.                                                                         
                                                                                                                                
The invocation was offered by the Chaplain, Representative                                                                      
Gruenberg.  Representative T. 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 thought for the day.                                                                        
                                                                                                                                
    But first, with the special permission of the Rules Chair and                                                               
    with the assistance of the floor staff, I offer my visual aid.                                                              
    Laura, will you please open the door to the catwalk?                                                                        
                                                                                                                                
    Mr. Speaker, friends, you all know my wife, Kayla, and this is                                                              
    our little dog, Tuffy.  Our story today is about him.                                                                       
                                                                                                                                
    Yesterday during the floor session, the Clerk of the House,                                                                 
    Suzi Lowell, sent me a note asking if I'd be willing to offer                                                               
    the invocation today.  I said, "Sure, God willing."  Well I                                                                 
    must not have been getting much help because try as I might,                                                                
    I could not come up with anything to say; I who usually can't                                                               

2011-05-05                     House Journal                      Page 1188
    wait to speak.  I even phoned an eminent rabbi and the                                                                      
    executive director of the Humanistic Judaism movement for                                                                   
    advice.  They sent me beautiful prayers, but they just didn't                                                               
    seem, well, right for today.                                                                                                
                                                                                                                                
    I went to bed early, still pondering the problem.  And I forgot                                                             
    to take out Tuffy.  When we woke up this morning, we looked                                                                 
    down on the floor and saw that Tuffy had not forgotten us!                                                                  
                                                                                                                                
    The thought for the day is this:  if you forget even the smallest                                                           
    member of your household, even the most humble member of                                                                    
    your community, they won't forget you.  And thank you,                                                                      
    Tuffy, for reminding me of that lesson and for providing the                                                                
    thoughts for the invocation today.                                                                                          
                                                                                                                                
    Kayla and Tuffy, I love you both.  Amen.                                                                                    
                                                                                                                                
The Pledge of Allegiance was led by Representative Kerttula.                                                                    
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative P. Wilson, Acting Majority Leader, moved and asked                                                               
                                                 th                                                                             
unanimous consent that the journal for the 17 legislative day of the                                                            
first special session be approved as certified by the Chief Clerk.  There                                                       
being no objection, it was so ordered.                                                                                          
                                                                                                                                
                                                                                                                                
                      REPORTS OF SPECIAL COMMITTEES                                                                          
                                                                                                                                
HB 108                                                                                                                        
The Conference Committee with limited powers of free conference                                                                 
considering CSHB 108(FIN) and SCS CSHB 108(FIN) am S                                                                            
recommends the following be adopted:                                                                                            
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 108                                                                                        
    "An Act making appropriations for the operating and loan                                                                    
    program expenses of state government and for certain programs,                                                              
    capitalizing funds, amending appropriations, and making                                                                     
    reappropriations; and providing for an effective date."                                                                     
                                                                                                                                

2011-05-05                     House Journal                      Page 1189
The report was signed by Representatives Thomas (Chair), Stoltze,                                                               
Gara; and Senators Hoffman (Chair), Stedman, Thomas.                                                                            
                                                                                                                                
A fiscal note packet was attached.                                                                                              
                                                                                                                                
The report was received in the Chief Clerk's office at 6:46 p.m.,                                                               
May 4, 2011.                                                                                                                    
                                                                                                                                
Speaker pro tempore Austerman stated that CCS HB 108 would be                                                                   
held under Unfinished Business.                                                                                                 
                                                                                                                                
                                                                                                                                
HB 109                                                                                                                        
The Conference Committee with limited powers of free conference                                                                 
considering CSHB 109(FIN) and SCS CSHB 109(FIN) recommends                                                                      
the following be adopted:                                                                                                       
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 109                                                                                        
    "An Act making appropriations for the operating and capital                                                                 
    expenses of the state's integrated comprehensive mental health                                                              
    program; and providing for an effective date."                                                                              
                                                                                                                                
The report was signed by Representatives Thomas (Chair), Stoltze,                                                               
Gara; and Senators Hoffman (Chair), Stedman, Thomas.                                                                            
                                                                                                                                
The report was received in the Chief Clerk's office at 6:46 p.m.,                                                               
May 4, 2011.                                                                                                                    
                                                                                                                                
Speaker pro tempore Austerman stated that CCS HB 109 would be                                                                   
held under Unfinished Business.                                                                                                 
                                                                                                                                
                                                                                                                                
                   CONSIDERATION OF THE DAILY CALENDAR                                                                       
                                                                                                                                
                          LEGISLATIVE CITATIONS                                                                              
                                                                                                                                
Representative P. Wilson 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:                                                         
                                                                                                                                

2011-05-05                     House Journal                      Page 1190
Honoring - Stephen Kranich                                                                                                      
By Representatives Millett, 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, Munoz, Neuman, Olson,                                                                 
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator Meyer                                                                                             
                                                                                                                                
Honoring - The United States Military, the United States Navy SEAL                                                              
Team 6, the United States Intelligence Agencies, and President Barack                                                           
Obama                                                                                                                           
By Senator Thomas; Representatives Miller, Chenault, Cissna,                                                                    
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Millett,                                                            
Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                               
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
                                                                                                                                
                           UNFINISHED BUSINESS                                                                               
                                                                                                                                
Representative P. Wilson 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 Thompson - from 11:30 a.m., May 6 to 10:30 a.m.,                                                                 
May 9                                                                                                                           
                                                                                                                                
Representative Gardner - from 6:30 p.m., May 6 to 11:00 a.m.,                                                                   
May 17 (amended from page 977)                                                                                                  
                                                                                                                                
Representative Neuman - from noon, May 6 to 11:00 a.m., May 9                                                                   
                                                                                                                                
Representative Thomas - from 3:00 p.m., May 6 to 6:00 p.m., May 8                                                               
                                                                                                                                
HB 127                                                                                                                        
The following memorandum dated May 5, 2011, was received from                                                                   
Patty Rose, Enrolling Secretary, Division of Legal and Research                                                                 
Services, regarding:                                                                                                            
                                                                                                                                

2011-05-05                     House Journal                      Page 1191
    SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD)                                                                                
    "An Act relating to the crimes of stalking, sexual assault in the                                                           
    third degree, sexual assault in the fourth degree, unlawful                                                                 
    exploitation of a minor, distribution of child pornography, online                                                          
    enticement of a minor, endangering the welfare of a child, sending                                                          
    an explicit image of a minor, harassment, and misconduct                                                                    
    involving confidential information; making the installation,                                                                
    enabling, or use of keystroke loggers or other devices criminal use                                                         
    of a computer; relating to probation; relating to the subpoena                                                              
    power of the attorney general in cases involving use of an Internet                                                         
    service account; relating to an appearance before a judicial officer                                                        
    after arrest; relating to conditions of probation in criminal cases                                                         
    involving sex offenses; relating to penalties for operating a vehicle                                                       
    without possessing proof of motor vehicle liability insurance or a                                                          
    driver's license; relating to penalties for certain arson offenses;                                                         
    amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and                                                              
    Rule 43.10, Alaska Rules of Administration; and providing for an                                                            
    effective date."                                                                                                            
                                                                                                                                
                                                                                                                                
"In accordance with Rule 43, Uniform Rules of the Alaska State                                                                  
Legislature, I am reporting the following manifest errors in SCS                                                                
CSHB 127(JUD), which have been corrected in enrolling:                                                                          
                                                                                                                                
Page 3, line 31, following "state,":                                                                                        
    Insert "the offender"                                                                                                   
                                                                                                                                
Page 4, line 1, following the second occurrence of "person":                                                                
    Insert "is"                                                                                                             
                                                                                                                                
Page 5, line 5:                                                                                                                 
    Delete "or""                                                                                                            
                                                                                                                                
                                                                                                                                
                              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.                                                                                                                           
                                                                                                                                

2011-05-05                     House Journal                      Page 1192
                               ADJOURNMENT                                                                                   
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., May 6, 2011.  There being no                                                                
objection, the House adjourned at 1:29 p.m.                                                                                     
                                                                                                                                
                                             Suzi Lowell                                                                        
                                             Chief Clerk