Legislature(2011 - 2012)

2011-05-14 House Journal

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2011-05-14                     House Journal                      Page 1251
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                       TWENTY-SEVENTH LEGISLATURE                                                                            
                                                                                                                                
                         FIRST SPECIAL SESSION                                                                               
                                                                                                                                
                                                                                                                                
Juneau, Alaska                  Saturday                  May 14, 2011                                                        
                                                                                                                                
                           Twenty-seventh Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
The House was called to order by Speaker Chenault at 5:13 p.m.                                                                  
                                                                                                                                
Roll call showed 35 members present.  Representatives Fairclough,                                                               
Gardner, Gatto, Hawker, and Thomas had been excused from a call of                                                              
the House today.                                                                                                                
                                                                                                                                
                                                                                                                                
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 have seen accomplishments in recent days,                                                                  
    we thank you for your guidance, patience, and the ability to                                                                
    collaborate where needed.  We ask that progress and                                                                         
    productivity continue as session heads toward a close.  We                                                                  
    thank you for the friendships and experiences you have given                                                                
    us and for keeping us ever mindful of the Alaskans we serve.                                                                
    Amen.                                                                                                                       
                                                                                                                                
                                                                                                                                
The Pledge of Allegiance was led by Representative Saddler.                                                                     
                                                                                                                                

2011-05-14                     House Journal                      Page 1252
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                       th                                                                                                       
the journal for the 26 legislative day of the first special session be                                                          
approved as certified by the Chief Clerk.  There being no objection, it                                                         
was so ordered.                                                                                                                 
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
a Call of the Chair; and so, the House recessed at 5:16 p.m.                                                                    
                                                                                                                                
                              AFTER RECESS                                                                                   
                                                                                                                                
The Speaker called the House back to order at 6:45 p.m.                                                                         
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
HB 106                                                                                                                        
The Conference Committee considering:                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 106(FIN)                                                                                              
    "An Act extending the termination date of the Alaska coastal                                                                
    management program and relating to the extension; relating to the                                                           
    review of activities and regulations of the Alaska coastal                                                                  
    management program; establishing the Alaska Coastal Policy                                                                  
    Board; relating to the development, review, and approval of                                                                 
    district coastal management plans; relating to the duties of the                                                            
    Department of Natural Resources relating to the Alaska coastal                                                              
    management program; relating to the review of certain                                                                       
    consistency determinations; providing for an effective date by                                                              
    amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA                                                             
    2005; and providing for an effective date."                                                                                 
                                                                                                                                
and                                                                                                                             
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN)                                                                                
    (same title)                                                                                                                
                                                                                                                                
requests limited powers of free conference on the following specific                                                            
point(s):                                                                                                                       
                                                                                                                                

2011-05-14                     House Journal                      Page 1253
    Page 14, lines 10-29, House version (deleted in Senate                                                                      
    version); and on the definitions of "scientific evidence" and                                                               
    "local knowledge" and any conflicts between scientific                                                                      
    evidence and local knowledge.                                                                                               
                                                                                                                                
The request was signed by Representatives Johnson (Chair), Herron,                                                              
Kerttula; and Senators Olson (Chair), Wielechowski, Kookesh.                                                                    
                                                                                                                                
The Speaker granted the limited powers of free conference as                                                                    
requested.                                                                                                                      
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
                                                                                                                                
The Conference Committee with limited powers of free conference                                                                 
considering CSHB 106(FIN) and SCS CSHB 106(FIN) recommends                                                                      
the following be adopted:                                                                                                       
                                                                                                                                
    CONFERENCE CS FOR HOUSE BILL NO. 106                                                                                        
    "An Act extending the termination date of the Alaska coastal                                                                
    management program and relating to the extension; relating to the                                                           
    review of activities and regulations of the Alaska coastal                                                                  
    management program; establishing the Alaska Coastal Policy                                                                  
    Board; relating to the development, review, and approval of                                                                 
    district coastal management plans; relating to the duties of the                                                            
    Department of Natural Resources relating to the Alaska coastal                                                              
    management program; relating to the review of certain                                                                       
    consistency determinations; providing for an effective date by                                                              
    amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA                                                             
    2005; and providing for an effective date."                                                                                 
                                                                                                                                
The report was signed by Representatives Johnson (Chair), Herron,                                                               
Kerttula; and Senators Olson (Chair), Wielechowski, Kookesh.                                                                    
                                                                                                                                
The following fiscal note(s) apply to CCS HB 106:                                                                               
                                                                                                                                
7.   Fiscal, Dept. of Environmental Conservation                                                                                
8.   Fiscal, Dept. of Environmental Conservation                                                                                
10. Fiscal, Senate Finance Committee/Dept. of Natural Resources                                                                 
                                                                                                                                

2011-05-14                     House Journal                      Page 1254
Representative Austerman moved that the House adopt the Conference                                                              
Committee with limited powers of free conference report, thus                                                                   
adopting CCS HB 106.                                                                                                            
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 106                                                                                                                      
Adopt                                                                                                                           
                                                                                                                                
YEAS:  20   NAYS:  15   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Cissna, Dick, Doogan, Edgmon, Foster, Gara,                                                                   
Gruenberg, Guttenberg, Herron, Holmes, Joule, Kawasaki, Kerttula,                                                               
Miller, Munoz, Petersen, Seaton, Tuck, P.Wilson                                                                                 
                                                                                                                                
Nays:  Chenault, Costello, Feige, Johansen, Johnson, Keller, Lynn,                                                              
Millett, Neuman, Olson, Pruitt, Saddler, Stoltze, Thompson, T.Wilson                                                            
                                                                                                                                
Excused:  Fairclough, Gardner, Gatto, Hawker, Thomas                                                                            
                                                                                                                                
And so, lacking the required 21 votes, the House failed to adopt the                                                            
Conference Committee with limited powers of free conference report,                                                             
thus failing to adopt CCS HB 106.                                                                                               
                                                                                                                                
                                                                                                                                
Representative Kerttula moved that the House rescind previous action                                                            
in failing to adopt CCS HB 106.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
The question being:  "Shall the House adopt the report?"  The roll was                                                          
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 106                                                                                                                      
Adopt                                                                                                                           
                                                                                                                                
YEAS:  20   NAYS:  15   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Cissna, Dick, Doogan, Edgmon, Foster, Gara,                                                                   
Gruenberg, Guttenberg, Herron, Holmes, Joule, Kawasaki, Kerttula,                                                               
Miller, Munoz, Petersen, Seaton, Tuck, P.Wilson                                                                                 
                                                                                                                                
Nays:  Chenault, Costello, Feige, Johansen, Johnson, Keller, Lynn,                                                              
Millett, Neuman, Olson, Pruitt, Saddler, Stoltze, Thompson, T.Wilson                                                            
                                                                                                                                

2011-05-14                     House Journal                      Page 1255
Excused:  Fairclough, Gardner, Gatto, Hawker, Thomas                                                                            
                                                                                                                                
And so, lacking the required 21 votes, the House failed to adopt the                                                            
Conference Committee with limited powers of free conference report,                                                             
thus failing to adopt CCS HB 106.                                                                                               
                                                                                                                                
The Chief Clerk notified the Senate.                                                                                            
                                                                                                                                
CCS HB 106(fld H) was referred to the Chief Clerk for engrossment.                                                              
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and taken up later as a Special                                                         
Order of Business:                                                                                                              
                                                                                                                                
Honoring - Tim Doran, 2011 National Distinguished Elementary                                                                    
School Principal of the Year                                                                                                    
By Representatives Kawasaki, Guttenberg                                                                                         
                                                                                                                                
Honoring - Marjorie Linne Tungwenuk Tahbone, 2011-2012 Miss                                                                     
Indian World                                                                                                                    
By Representative Foster; Senator Olson                                                                                         
                                                                                                                                
Honoring - PolyEarth Construction                                                                                               
By Senator McGuire                                                                                                              
                                                                                                                                
In Memoriam - Laurence J. Carr                                                                                                  
By Representatives Kerttula, Johnson; Senator McGuire                                                                           
                                                                                                                                
                       SPECIAL ORDER OF BUSINESS                                                                             
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the notice and publication requirements be waived and the citations on                                                          
the first special order citation calendar be taken up as a Special Order                                                        
of Business.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citations on the first special order citation                                                             
calendar.  There being no objection, the following citations were                                                               
approved and sent to enrolling:                                                                                                 

2011-05-14                     House Journal                      Page 1256
Honoring - Tim Doran, 2011 National Distinguished Elementary                                                                    
School Principal of the Year                                                                                                    
By Representatives Kawasaki, Guttenberg, Chenault, Cissna, Costello,                                                            
Dick, Doogan, Edgmon, Feige, Foster, Gara, Gardner, Gatto,                                                                      
Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                    
Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson                                                                                                            
                                                                                                                                
Honoring - Marjorie Linne Tungwenuk Tahbone, 2011-2012 Miss                                                                     
Indian World                                                                                                                    
By Representatives Foster, Chenault, Cissna, Costello, Dick, Doogan,                                                            
Edgmon, Feige, 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; Senator Olson                                                                                                        
                                                                                                                                
Honoring - PolyEarth Construction                                                                                               
By Senator McGuire; Representatives Chenault, Cissna, Costello,                                                                 
Dick, Doogan, Edgmon, Feige, Foster, Gara, Gardner, Gatto,                                                                      
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Laurence J. Carr                                                                                                  
By Representatives Kerttula, Johnson, Chenault, Cissna, Costello,                                                               
Dick, Doogan, Edgmon, Feige, Foster, Gara, Gardner, Gatto,                                                                      
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Joule,                                                                 
Kawasaki, Keller, Lynn, Miller, Millett, Munoz, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator McGuire                                                                                           
                                                                                                                                
                  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:                                                         

2011-05-14                     House Journal                      Page 1257
Honoring - Ron Jordan                                                                                                           
By Representatives Tuck, Chenault, Cissna, Costello, Dick, Doogan,                                                              
Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg,                                                             
Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                   
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
P. Wilson, T. Wilson; Senator Meyer                                                                                             
                                                                                                                                
Honoring - Kerry Howard                                                                                                         
By Representatives Kerttula, Munoz, Chenault, Cissna, Costello, Dick,                                                           
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Lynn, Miller, Millett, Neuman, Olson,                                                                  
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson; Senator Egan                                                                                              
                                                                                                                                
Honoring - Fairbanks Ice Dogs, 2011 Robertson Cup Winners, USA                                                                  
Hockey Tier II Junior A National Championship                                                                                   
By Representatives Kawasaki, Thompson, Chenault, Cissna, Costello,                                                              
Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner,                                                                 
Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen,                                                                 
Johnson, Joule, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                 
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Tuck, P. Wilson, T. Wilson                                                                                                      
                                                                                                                                
Honoring - Christopher Mandregan Jr., M.P.H.                                                                                    
By Senator Giessel; Representatives Chenault, Cissna, Costello, Dick,                                                           
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
In Memoriam - Jack Taub                                                                                                         
By Representatives Keller, Neuman, Chenault, Cissna, Costello, Dick,                                                            
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Kerttula, Lynn, Miller, Millett, Munoz, Olson,                                                                 
Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck,                                                             
P. Wilson, T. Wilson                                                                                                            

2011-05-14                     House Journal                      Page 1258
In Memoriam - Albert William Dick                                                                                               
By Representatives Thomas, Chenault, Cissna, Costello, Dick,                                                                    
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thompson,                                                            
Tuck, P. Wilson, T. Wilson; Senator Kookesh                                                                                     
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 106                                                                                                                        
CCS HB 106(fld H) was engrossed.                                                                                                
                                                                                                                                
SB 46                                                                                                                         
Reconsideration of the following was not taken up on this legislative                                                           
day.  It was engrossed, signed by the Speaker and Chief Clerk, and                                                              
transmitted to the Senate for consideration:                                                                                    
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN)                                                                                 
    "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."                                                                                                            
                                                                                                                                
                             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 Pruitt moved and asked unanimous consent that the                                                                
First Special Session of the House of Representatives for the Twenty-                                                           
seventh Legislature adjourn sine die.  There being no objection, the                                                            
House adjourned sine die at 9:39 p.m.                                                                                           
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk