Legislature(2011 - 2012)
2012-01-30 House Journal
Full Journal pdf2012-01-30 House Journal Page 1439 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday January 30, 2012 Fourteenth Day Pursuant to adjournment the House was called to order by Speaker Chenault at 11:03 a.m. Roll call showed 37 members present. Representative Gatto had been excused from a call of the House today. Representatives Cissna and Edgmon were absent and their presence was noted later. The invocation was offered by the Chaplain, Father Pat Travers, Pastor of St. Paul the Apostle Catholic 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. In deepest respect for the religious beliefs of each person here, I invite you to a time of prayer and reflection. Let us pray: Almighty God, as our elected representatives gather this morning to determine the laws that should govern our state of Alaska, grant them the wisdom and strength to carry out their great responsibilities. Help our lawmakers to follow the example of you, the supreme lawmaker, enacting laws that are just and that foster the common good of all Alaskans. Grant them the patience, good will, and generosity that are so necessary in the lawmaking process. Bless also their family members and loved ones, who so generously share in their service to our people. We ask your blessings upon all the government leaders of our state and nation and of our local communities. Help them to 2012-01-30 House Journal Page 1440 exercise their authority in a spirit of service to those they have been chosen to govern. Bless also all of the men and women in our armed forces, all police officers, firefighters, and other first responders, especially those who find themselves in harm's way today. May they and their families always enjoy your strength and protection. We ask your blessings also on all the people of our state. Grant us happiness and prosperity and inspire us to use the many gifts you have given us to build a better society and a better world. Bless and protect those who are most affected by the rigors of our winter weather. May all Alaskans work together for peace and justice here in our great land and throughout the world, especially for those peoples who have experienced war, violence, terror, and natural disasters. May our solidarity with them affirm our common humanity in a world in which we depend so much on one another. We make this prayer in your holy name. Amen. The Pledge of Allegiance was led by Representative Feige. CERTIFICATION OF THE JOURNAL Representative Austerman moved and asked unanimous consent that ththth the journal for the 11, 12, and 13 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 27, 2012, was read stating the Senate passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 104 CS FOR SENATE BILL NO. 104(JUD) by the Senate Judiciary Committee, entitled: 2012-01-30 House Journal Page 1441 "An Act relating to manufactured homes, including manufactured homes permanently affixed to land, to the conversion of manufactured homes to real property, to the severance of manufactured homes from real property, to the titling, conveyance, and encumbrance of manufactured homes, and to manufacturers' certificates of origin for vehicles; and providing for an effective date." was read the first time and referred to the Labor & Commerce and State Affairs Committees. COMMUNICATIONS The following were received: Dept. of Environmental Conservation Alaska Drinking Water and Clean Water Loan Funds Annual Report Fiscal Year 2011 January 27, 2012 (as required by AS 37.05.035) Dept. of Environmental Conservation National Pollutant Discharge Elimination System Annual Report January 23, 2012 (as required by Chapter No. 95, SLA 2005) REPORTS OF STANDING COMMITTEES HB 282 The Education Committee considered: HOUSE BILL NO. 282 "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; and providing for a temporary occupational license for qualified military service members." 2012-01-30 House Journal Page 1442 and recommends it be replaced with: CS FOR HOUSE BILL NO. 282(EDC) "An Act relating to applying military education, training, and service credit to occupational licensing and certain postsecondary education and employment training requirements; providing for a temporary occupational license for qualified military service members; and providing for an effective date." The report was signed by Representative Dick, Chair, with the following individual recommendations: Do pass (7): Cissna, P. Wilson, Pruitt, Seaton, Kawasaki, Feige, Dick The following fiscal note(s) apply to CSHB 282(EDC): 1. Zero, Dept. of Education & Early Development 2. Zero, Dept. of Labor & Workforce Development 3. Zero, University of Alaska 4. Fiscal, Dept. of Commerce, Community, & Economic Development HB 282 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Alfred Skondovitch By Representatives Guttenberg, Kawasaki The following citations were introduced and taken up later as a Special Order of Business: Honoring - Black History Month 2012 By Senator Davis In Memoriam - Moses Malutin By Senator Stevens; Representative Austerman 2012-01-30 House Journal Page 1443 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 304 HOUSE BILL NO. 304 by Representative Johnson, entitled: "An Act relating to the membership of the Alaska Fire Standards Council." was read the first time and referred to the State Affairs and Finance Committees. HB 305 HOUSE BILL NO. 305 by Representatives Gardner and Holmes, entitled: "An Act relating to a mandatory exemption for certain residences owned by a religious organization." was read the first time and referred to the Community & Regional Affairs Committee. HB 306 HOUSE BILL NO. 306 by Representatives Neuman and Millett, entitled: "An Act providing that the tax rate applicable to the production of oil as the average production tax value of oil, gas produced in the Cook Inlet sedimentary basin, and gas produced outside of the Cook Inlet sedimentary basin and used in the state increases above $30 shall be 0.4 percent multiplied by the number that represents the difference between that average monthly production tax value and $30, or the sum of 25 percent and the product of 0.1 percent multiplied by the number that represents the difference between that average monthly production tax value and $92.50, except that the total rate determined in the calculation may not exceed 50 percent; providing for an increase in the rate of tax on the production of gas as the average production tax value on a BTU equivalent barrel basis of gas produced outside of the Cook Inlet sedimentary basin and not used in the state increases above $30; 2012-01-30 House Journal Page 1444 relating to payments of the oil and gas production tax; relating to the lease expenditures that may be deducted when determining production tax value; relating to availability of a portion of the money received from the tax on oil and gas production for appropriation to the community revenue sharing fund; relating to the allocation of lease expenditures and adjustments to lease expenditures; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 247 The following was read the second time: HOUSE BILL NO. 247 "An Act establishing July 30 each year as Alaska National Guard Day." with the: Journal Page MLV RPT 6DP 1406 FN1: ZERO(ADM) 1406 FN2: ZERO(MVA) 1406 STA RPT 6DP 1419 FN1: ZERO(ADM) 1420 FN2: ZERO(MVA) 1420 Representative Austerman moved and asked unanimous consent that HB 247 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 247 was read the third time. **The presence of Representatives Cissna and Edgmon was noted. 2012-01-30 House Journal Page 1445 The question being: "Shall HB 247 pass the House?" The roll was taken with the following result: HB 247 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, 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 Excused: Gatto And so, HB 247 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Austerman moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Jujiro Wada By Representatives Kawasaki, 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, Thomas, Thompson, Tuck, P. Wilson, T. Wilson Honoring - U.S. Coast Guard Cutter Healy By Senator Olson; Representatives Foster, Chenault, Austerman, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, 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 2012-01-30 House Journal Page 1446 In Memoriam - James C. Knapp By Senator Huggins; Representatives Neuman, 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, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Theodore G. Smith By Senator Huggins; Representatives Neuman, Stoltze, 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, Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck, P. Wilson, T. Wilson In Memoriam - Bruce Hall Babcock By Senator Huggins; Representatives Neuman, 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, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS Representative Austerman moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Tuck - from 6:00 p.m., February 3 to 10:15 a.m., February 6 Representative Hawker - from 11:00 a.m., February 2 to 8:30 p.m., February 5 Representative Herron - from 6:00 a.m., February 3 to 2:00 p.m., February 6 2012-01-30 House Journal Page 1447 Representative Costello - from 11:30 a.m., February 3 to 9:35 p.m., February 5 Representative Seaton - from 11:30 a.m., February 3 to 10:00 p.m., February 5 SPECIAL ORDER OF BUSINESS Representative Austerman moved and asked unanimous consent that the notice and publication requirements be waived and the citations, Honoring - Black History Month 2012 and In Memoriam - Moses Malutin, 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. There being no objection, the following citations were approved and sent to enrolling: Honoring - Black History Month 2012 By Senator Davis; 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 - Moses Malutin By Senator Stevens; Representatives Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson UNFINISHED BUSINESS HJR 20 Representative Lynn added his name as cosponsor to: 2012-01-30 House Journal Page 1448 CS FOR HOUSE JOINT RESOLUTION NO. 20(ENE) Urging the President of the United States, the United States Congress, and the Secretary of the United States Department of Agriculture not to implement protection of inventoried roadless areas under the "roadless rule" or otherwise restrict the development of necessary hydroelectric projects in the Tongass National Forest and the Chugach National Forest. HB 194 Representative Cissna added her name as cosponsor to: HOUSE BILL NO. 194 "An Act making a special appropriation to the Alaska permanent fund; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." HB 241 Representative Petersen added his name as cosponsor to: HOUSE BILL NO. 241 "An Act relating to certain investments of the Alaska permanent fund, the state's retirement systems, the State of Alaska Supplemental Annuity Plan, and the deferred compensation program for state employees in certain companies that do business in Iran, and restricting those investments; and providing for an effective date." HB 247 Representatives Kerttula, Guttenberg, Holmes, Tuck, Kawasaki, Hawker, Johnson, Gara, Chenault, Herron, Millett, Feige, and Gardner added their names as cosponsors to: HOUSE BILL NO. 247 "An Act establishing July 30 each year as Alaska National Guard Day." HB 250 Representative Petersen added his name as cosponsor to: 2012-01-30 House Journal Page 1449 HOUSE BILL NO. 250 "An Act relating to the renewable energy grant fund and recommendation program; and providing for an effective date." HB 266 Representatives Keller and Miller added their names as cosponsors to: HOUSE BILL NO. 266 "An Act relating to the practice of naturopathy; and providing for an effective date." HB 274 Representative P. Wilson added her name as cosponsor to: HOUSE BILL NO. 274 "An Act relating to the exemption of certain acts and transactions from the provisions dealing with unfair methods of competition and unfair or deceptive acts or practices." HB 275 Representative P. Wilson added her name as cosponsor to: HOUSE BILL NO. 275 "An Act requiring that a policy of group health insurance offered by the state and certain local governments include coverage for colorectal screening, allow retirees to choose between brand-name and generic drug products, and limit certain prescription drug benefit payments to an amount based on the cost of the generic drug product." HB 276 Representative Kawasaki added his name as cosponsor to: HOUSE BILL NO. 276 "An Act providing for a credit against the oil and gas production tax for costs incurred in drilling certain oil or natural gas exploration wells in the Nenana Basin." 2012-01-30 House Journal Page 1450 HB 302 Representative Austerman added his name as cosponsor to: HOUSE BILL NO. 302 "An Act repealing certain audit requirements for entities receiving contributions from permanent fund dividends." ENGROSSMENT HB 247 HB 247 was engrossed, signed by the Speaker and Chief Clerk, and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published under separate cover. ADJOURNMENT Representative Austerman moved and asked unanimous consent that the House adjourn until 10:30 a.m., February 1, 2012. There being no objection, the House adjourned at 11:49 a.m. Suzi Lowell Chief Clerk