Legislature(2011 - 2012)

2011-05-10 House Journal

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2011-05-10                     House Journal                      Page 1215
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                       TWENTY-SEVENTH LEGISLATURE                                                                            
                                                                                                                                
                         FIRST SPECIAL SESSION                                                                               
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Tuesday                  May 10, 2011                                                        
                                                                                                                                
                            Twenty-third Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 1:03 p.m.                                                                                                           
                                                                                                                                
Roll call showed 35 members present.  Representatives Gardner,                                                                  
Hawker, and Millett had been excused from a call of the House today.                                                            
Representative Gara was absent and his presence was noted later.                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
Representative Holmes be excused from a call of the House today.                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend George                                                                 
Silides of Holy Trinity Episcopal Church.  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 deepest respect for the religious traditions of all                                                                    
    Alaskans, I offer this prayer:                                                                                              
                                                                                                                                
    Almighty God, you have so linked our lives with one another                                                                 
    that all we do affects for good or ill all other lives.  So guide                                                           
    us in the work we do that we may do it not for self alone but                                                               
    for the common good; and just as we seek proper recognition                                                                 
    and recompense for our own labor, make us mindful of the                                                                    
    aspirations of all those who labor and arouse our concern for                                                               
    those unable to and their families who depend upon them.                                                                    

2011-05-10                     House Journal                      Page 1216
    We ask your blessing upon the very sick among us, the                                                                       
    elderly, the orphans, the homeless, and the addicted.  We                                                                   
    mourn the waste of human lives and potential; we grieve the                                                                 
    loss of joy which is the birthright of all your children.  We ask                                                           
    your wisdom in unraveling the choices between the                                                                           
    abundance our society enjoys as a whole and the scarcity                                                                    
    under which so many of our brothers and sisters live.                                                                       
                                                                                                                                
    Bless each member of this assembly.  Encourage their hearts,                                                                
    succor their patience, secure their resolve, and temper their                                                               
    will with humility.  Bless those who have brought the work of                                                               
    their minds and hearts into the public square and seen their                                                                
    hopes and plans become public property.  May their hands                                                                    
    rest lightly upon their creation as the many mold it to the                                                                 
    betterment of all.  For all whose lives give ours the shape and                                                             
    joy and surprise they have, we give thanks.  Amen.                                                                          
                                                                                                                                
The Pledge of Allegiance was led by Representative Lynn.                                                                        
                                                                                                                                
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                       nd                                                                                                       
the journal for the 22 legislative day of the first special session be                                                          
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
HR 7                                                                                                                          
A message dated May 9, 2011, was read stating the Governor read the                                                             
following resolution and is transmitting the engrossed and enrolled                                                             
copies to the Lieutenant Governor's office for permanent filing:                                                                
                                                                                                                                
    HOUSE RESOLUTION NO. 7                                                                                                      
    Establishing a House Special Committee on Fiscal Policy.                                                                    
                                                                                                                                
    House Resolve No. 7                                                                                                         
                                                                                                                                

2011-05-10                     House Journal                      Page 1217
HCR 4                                                                                                                         
A message dated May 9, 2011, was read stating the Governor read the                                                             
following resolution and is transmitting the engrossed and enrolled                                                             
copies to the Lieutenant Governor's office for permanent filing:                                                                
                                                                                                                                
    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                                                                                                   
                                                                                                                                
SCR 6                                                                                                                         
A message dated May 9, 2011, was read stating the Governor read the                                                             
following resolution and is transmitting the engrossed and enrolled                                                             
copies to the Lieutenant Governor's office for permanent filing:                                                                
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 6                                                                                          
    Authorizing a recess by the Senate for a period of more than three                                                          
    days, those days being March 2, 3, 4, 5, and 6 of 2011.                                                                     
                                                                                                                                
    Legislative Resolve No. 3                                                                                                   
                                                                                                                                
SCR 12                                                                                                                        
A message dated May 9, 2011, was read stating the Governor read the                                                             
following resolution and is transmitting the engrossed and enrolled                                                             
copies to the Lieutenant Governor's office for permanent filing:                                                                
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 12                                                                                         
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning House Bill No. 16,                                                                 
    extending senior benefits.                                                                                                  
                                                                                                                                
    Legislative Resolve No. 18                                                                                                  
                                                                                                                                
SCR 13                                                                                                                        
A message dated May 9, 2011, was read stating the Governor read the                                                             
following resolution and is transmitting the engrossed and enrolled                                                             
copies to the Lieutenant Governor's office for permanent filing:                                                                

2011-05-10                     House Journal                      Page 1218
    SENATE CONCURRENT RESOLUTION NO. 13                                                                                         
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning House Bill No. 119,                                                                
    relating to the procurement of supplies, services, professional                                                             
    services, and construction for the Alaska Industrial Development                                                            
    and Export Authority; relating to the definition of "own" for the                                                           
    economic development account; relating to the definitions of                                                                
    "development project," "plant," "facility," and "project" for the                                                           
    Alaska Industrial Development and Export Authority; and relating                                                            
    to the Alaska Industrial Development and Export Authority                                                                   
    creating subsidiaries regarding projects financed under AS                                                                  
    44.88.172.                                                                                                                  
                                                                                                                                
    Legislative Resolve No. 21                                                                                                  
                                                                                                                                
SB 61                                                                                                                         
A message dated May 9, 2011, was read stating the Governor signed                                                               
the following bill and is transmitting the engrossed and enrolled copies                                                        
to the Lieutenant Governor's office for permanent filing:                                                                       
                                                                                                                                
    CS FOR SENATE BILL NO. 61(STA)                                                                                              
    "An Act making corrective amendments to the Alaska Statutes as                                                              
    recommended by the revisor of statutes; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
    Chapter No. 8, SLA 2011                                                                                                     
    Effective Date:  May 10, 2011                                                                                               
                                                                                                                                
**The presence of Representative Gara was noted.                                                                                
                                                                                                                                
                             COMMUNICATIONS                                                                                  
                                                                                                                                
The following was received:                                                                                                     
                                                                                                                                
Dept. of Labor & Workforce Development                                                                                          
Alaska Labor Relations Agency                                                                                                   
2010 Annual Report                                                                                                              
May 5, 2011                                                                                                                     
(as required by AS 23.05.370)                                                                                                   
                                                                                                                                

2011-05-10                     House Journal                      Page 1219
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citation was introduced and referred to the Rules                                                                 
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Captain Carl Uchytil on the Occasion of His Retirement                                                               
By Representative Pruitt                                                                                                        
                                                                                                                                
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                         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 - Philip Brower and Tim Adams, Small Business Persons of                                                               
the Year                                                                                                                        
By Representatives Olson, Chenault, Austerman, Cissna, Costello,                                                                
Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner,                                                                 
Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen,                                                                 
Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Millett, Munoz,                                                               
Neuman, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                                     
Thompson, Tuck, P. Wilson, T. Wilson; Senator Wagoner                                                                           
                                                                                                                                
Honoring - Seldovia Police Chief Andy Anderson                                                                                  
By Senator Stevens; Representatives Seaton, Chenault, Austerman,                                                                
Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster,                                                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron,                                                                    
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn,                                                             
Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Stoltze,                                                              
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
Honoring - Lou Pondolfino, 2010 Alaska State High School Principal                                                              
of the Year                                                                                                                     
By Senator Meyer; Representatives Millett, Chenault, Austerman,                                                                 
Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster,                                                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron,                                                                    

2011-05-10                     House Journal                      Page 1220
Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn,                                                             
Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze,                                                               
Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                                    
                                                                                                                                
The Speaker stated that, without objection, the House would revert to                                                           
Messages from the Senate.                                                                                                       
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a Call of the Chair; and so, the House recessed at 1:24 p.m.                                                                    
                                                                                                                                
                              AFTER RECESS                                                                                   
                                                                                                                                
The Speaker called the House back to order at 8:05 p.m.                                                                         
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated May 10, 2011, was read stating the Senate passed the                                                            
following, and it is transmitted for consideration:                                                                             
                                                                                                                                
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 46                                                                                                                         
CS FOR SENATE BILL NO. 46(FIN) by the Senate Finance                                                                            
Committee, entitled:                                                                                                            
                                                                                                                                
    "An Act making and amending appropriations, including capital                                                               
    appropriations, savings deposits in the form of appropriations to                                                           
    the statutory budget reserve fund, and other appropriations;                                                                
    making appropriations to capitalize funds; and providing for an                                                             
    effective date."                                                                                                            
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                               ENROLLMENT                                                                                    
                                                                                                                                
HCR 3                                                                                                                         
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 3:18 p.m.,                                                             
May 10, 2011, with a manifest error memorandum (page 1173):                                                                     

2011-05-10                     House Journal                      Page 1221
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 3                                                                                    
    (HSS) am                                                                                                                    
    Relating to promoting the safety and protection of older Alaskans.                                                          
                                                                                                                                
    Legislative Resolve No. 14                                                                                                  
                                                                                                                                
HCR 5                                                                                                                         
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 3:18 p.m.,                                                             
May 10, 2011, with a manifest error memorandum (page 1210):                                                                     
                                                                                                                                
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(HSS)                                                                     
    Relating to prevention of disease and to vitamin D.                                                                         
                                                                                                                                
    Legislative Resolve No. 16                                                                                                  
                                                                                                                                
HCR 7                                                                                                                         
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 3:18 p.m.,                                                             
May 10, 2011:                                                                                                                   
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 7                                                                                           
    Relating to awarding the Alaska Decoration of Honor to certain                                                              
    members of the military.                                                                                                    
                                                                                                                                
    Legislative Resolve No. 22                                                                                                  
                                                                                                                                
HCR 15                                                                                                                        
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 3:18 p.m.,                                                             
May 10, 2011:                                                                                                                   
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 15                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 1,                                                                 
    requiring the state Board of Education and Early Development to                                                             
    provide an annual report to the legislature.                                                                                
                                                                                                                                
    Legislative Resolve No. 23                                                                                                  

2011-05-10                     House Journal                      Page 1222
HCR 16                                                                                                                        
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 3:18 p.m.,                                                             
May 10, 2011:                                                                                                                   
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 16                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 84,                                                                
    relating to funding for high school vocational and technical                                                                
    instruction as a component of funding for public schools; relating                                                          
    to the base student allocation; and relating to education tax credits.                                                      
                                                                                                                                
    Legislative Resolve No. 27                                                                                                  
                                                                                                                                
                                                                                                                                
HCR 17                                                                                                                        
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 3:18 p.m.,                                                             
May 10, 2011:                                                                                                                   
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 17                                                                                          
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                              
    the Alaska State Legislature, concerning Senate Bill No. 95,                                                                
    naming the ferry terminal located at Auke Bay in Juneau the Frank                                                           
    Palmer Ferry Terminal.                                                                                                      
                                                                                                                                
    Legislative Resolve No. 24                                                                                                  
                                                                                                                                
                                                                                                                                
                             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.                                                                   
                                                                                                                                

2011-05-10                     House Journal                      Page 1223
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House adjourn until 1:00 p.m., May 11, 2011.  There being no                                                                
objection, the House adjourned at 8:07 p.m.                                                                                     
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk