Legislature(2011 - 2012)

2012-02-13 House Journal

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2012-02-13                     House Journal                      Page 1573
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                       ALASKA STATE LEGISLATURE                                                                              
                                                                                                                                
 TWENTY-SEVENTH LEGISLATURE - SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday             February 13, 2012                                                         
                                                                                                                                
                           Twenty-eighth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker pro                                                            
tempore Austerman at 11:02 a.m.                                                                                                 
                                                                                                                                
Roll call showed 33 members present.  Representatives Chenault,                                                                 
Fairclough, Joule, Pruitt, and Saddler had been excused from a call of                                                          
the House today.                                                                                                                
                                                                                                                                
Representative P. Wilson, Acting Majority Leader, moved and asked                                                               
unanimous consent that Representatives Kerttula and Millett be                                                                  
excused from a call of the House today.  There being no objection, it                                                           
was so ordered.  The presence of Representative Kerttula was noted                                                              
later.                                                                                                                          
                                                                                                                                
The invocation was offered by the Chaplain, Pastor Sue Bahleda of                                                               
Resurrection Lutheran Church.  Representative T. Wilson moved and                                                               
asked unanimous consent that the invocation be spread on the journal.                                                           
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
    With respect to the diversity of voices, beliefs and practices                                                              
    that call out to a power beyond our individual selves, I offer                                                              
    the following prayer:                                                                                                       
                                                                                                                                
    Eternal One, your generous goodness comes to us new every                                                                   
    day.  Give these men and women, called into leadership, new                                                                 
    energy for the work that is before them this day.  Give them                                                                
    new breath to speak truth this day.  Give them new courage to                                                               
    work for justice and compassion this day.  Give them new                                                                    
    patience to listen to one another this day.  Give them new                                                                  

2012-02-13                     House Journal                      Page 1574
      imagination to bridge differences this day.  Give them new                                                               
     wisdom to guide them in their service to all people this day                                                              
    and every day.                                                                                                              
                                                                                                                                
    We pray for all these gifts in hope and confidence.  Amen.                                                                  
                                                                                                                                
The Pledge of Allegiance was led by Representative Gruenberg.                                                                   
                                                                                                                                
                     CERTIFICATION OF THE JOURNAL                                                                            
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
                       ththth                                                                                                   
the journal for the 25, 26, and 27 legislative days be approved as                                                              
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                               * * * * *                                                                                     
                                                                                                                                
Representative Olson introduced Heidi Herrmann, Guest Page, from                                                                
Kenai and Annaleah Ernst, Guest Page, from Nikiski.                                                                             
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
A message dated February 10, 2012, was read stating the Senate                                                                  
passed the following, and they are transmitted for consideration:                                                               
                                                                                                                                
                                                                                                                                
                      FIRST READING AND REFERENCE                                                                            
                         OF SENATE RESOLUTIONS                                                                               
                                                                                                                                
SCR 20                                                                                                                        
SENATE CONCURRENT RESOLUTION NO. 20 by Senators                                                                                 
Wielechowski, McGuire, Dyson, Olson, Coghill, Kookesh, French,                                                                  
Wagoner, Meyer, Ellis, Menard, Paskvan, Hoffman, Davis, Egan,                                                                   
Stedman, Thomas, and Stevens:                                                                                                   
                                                                                                                                
    Relating to awarding the Alaska Decoration of Honor to certain                                                              
    members of the military.                                                                                                    
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs.                                                                                                   

2012-02-13                     House Journal                      Page 1575
                      FIRST READING AND REFERENCE                                                                            
                            OF SENATE BILLS                                                                                  
                                                                                                                                
SB 171                                                                                                                        
SENATE BILL NO. 171 by the Senate Education Committee, entitled:                                                                
                                                                                                                                
    "An Act increasing the base student allocation used for public                                                              
    school funding; and providing for an effective date."                                                                       
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                    REPORTS OF STANDING COMMITTEES                                                                           
                                                                                                                                
HB 255                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 255                                                                                                          
    "An Act prohibiting the driver of a motor vehicle from reading or                                                           
    typing a text message or other nonvoice message or                                                                          
    communication on a cellular telephone, computer, or personal data                                                           
    assistant while driving a motor vehicle."                                                                                   
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 255(JUD)                                                                                              
    "An Act relating to screen devices in motor vehicles; prohibiting                                                           
    the driver of a motor vehicle from reading or typing a text                                                                 
    message or other nonvoice message or communication on a                                                                     
    cellular telephone, computer, or personal data assistant while                                                              
    driving a motor vehicle; and providing for an effective date."                                                             
                                                                                                                                
The report was signed by Representative Gatto, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  Gruenberg, Holmes, Pruitt, Gatto                                                                                  
                                                                                                                                
Do not pass (1):  Keller                                                                                                        
                                                                                                                                
No recommendation (1):  Lynn                                                                                                    
                                                                                                                                

2012-02-13                     House Journal                      Page 1576
The following fiscal note(s) apply to CSHB 255(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Corrections                                                                                                  
3.  Zero, Alaska Court System                                                                                                   
4.  Zero, Dept. of Law                                                                                                          
5.  Indeterminate, Dept. of Administration                                                                                      
                                                                                                                                
HB 255 was referred to the Finance Committee.                                                                                   
                                                                                                                                
**The presence of Representative Kerttula, who was excused (page                                                                
1573), was noted.                                                                                                               
                                                                                                                                
                                                                                                                                
HB 299                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 299                                                                                                          
    "An Act allowing appropriations to the civil legal services fund                                                            
    from court filing fees."                                                                                                    
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 299(JUD)                                                                                              
    "An Act allowing appropriations to the civil legal services fund                                                            
    from court filing fees; and providing for an effective date."                                                               
                                                                                                                                
The report was signed by Representative Gatto, Chair, with the                                                                  
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (6):  Lynn, Gruenberg, Keller, Holmes, Pruitt, Gatto                                                                    
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 299(JUD):                                                                            
                                                                                                                                
1.  Zero, Dept. of Law                                                                                                          
2.  Indeterminate, Dept. of Administration                                                                                      
                                                                                                                                
HB 299 was referred to the Finance Committee.                                                                                   
                                                                                                                                

2012-02-13                     House Journal                      Page 1577
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                
Honoring - Peggy Shumaker, Alaska State Writer Laureate 2010-2012                                                               
By Representative Kawasaki; Senator Paskvan                                                                                     
                                                                                                                                
                                                               th                                                               
Honoring - Darwin and Geneese Peterson on Their 50 Golden                                                                       
Wedding Anniversary                                                                                                             
By Senator Stevens; Representative Seaton                                                                                       
                                                                                                                                
Honoring - Byron Mallott                                                                                                        
By Senator Kookesh; Representative Thomas                                                                                       
                                                                                                                                
              INTRODUCTION, FIRST READING, AND REFERENCE                                                                     
                         OF HOUSE RESOLUTIONS                                                                                
                                                                                                                                
HJR 36                                                                                                                        
HOUSE JOINT RESOLUTION NO. 36 by Representatives Petersen,                                                                      
Tuck, and Gruenberg:                                                                                                            
                                                                                                                                
    Urging the President of the United States, the United States                                                                
    Secretary of Defense, and the United States Congress to recognize                                                           
    the vital importance that Joint Base Elmendorf-Richardson plays                                                             
    in national security, to protect the military bases located in the                                                          
    state, and to maintain base operations in the state at current levels.                                                      
                                                                                                                                
was read the first time and referred to the House Special Committee on                                                          
Military & Veterans' Affairs.                                                                                                   
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 267                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 267                                                                                                          
    "An Act relating to the Real Estate Commission; and providing for                                                           
    an effective date."                                                                                                         

2012-02-13                     House Journal                      Page 1578
with the:                                                  Journal Page                                                         
                                                                                                                                
 L&C RPT CS(L&C) 4DP                                               1529                                                         
 FN1: ZERO(CED)                                                    1529                                                         
                                                                                                                                
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
bill:                                                                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 267(L&C)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
CSHB 267(L&C) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHB 267(L&C) was read the third time.                                                                                          
                                                                                                                                
The Speaker pro tempore stated that, without objection, CSHB
267(L&C) would be referred to the Judiciary Committee.                                                                          
                                                                                                                                
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House approve the citations on the calendar.  There being no                                                                
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Brian Barnes                                                                                                         
By Representatives Guttenberg, Chenault, Cissna, Costello, Dick,                                                                
Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto,                                                                
Gruenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule,                                                                    
Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck,                                                               
P. Wilson, T. Wilson; Senator Thomas                                                                                            
                                                                                                                                

2012-02-13                     House Journal                      Page 1579
In Memoriam - George "Lefty" Van Brunt                                                                                          
By Representatives 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, Neuman,                                                               
Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck,                                                               
P. Wilson, T. Wilson                                                                                                            
                                                                                                                                
In Memoriam - Arthur W. King                                                                                                    
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                                                                                     
                                                                                                                                
In Memoriam - Dr. Charles E. Manwiller                                                                                          
By Senators Dyson, Wielechowski; 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                                                                           
                                                                                                                                
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Petersen - from 6:00 a.m., February 17 to 10:30 a.m.,                                                            
February 20                                                                                                                     
                                                                                                                                
Representative Miller - from 11:00 a.m., February 18 to 9:30 p.m.,                                                              
February 19                                                                                                                     
                                                                                                                                
Representative Tuck - from 6:00 p.m., February 24 to 10:00 a.m.,                                                                
February 27                                                                                                                     
                                                                                                                                

2012-02-13                     House Journal                      Page 1580
Representative Fairclough - from 11:00 a.m., February 17 to                                                                     
10:30 a.m., February 20                                                                                                         
                                                                                                                                
Representative Costello - from 11:00 a.m., February 17 to 10:30 a.m.,                                                           
February 20                                                                                                                     
                                                                                                                                
Representative Pruitt - from noon, February 17 to 10:30 p.m.,                                                                   
February 19                                                                                                                     
                                                                                                                                
Representative Johnson - from noon, February 17 to 10:00 a.m.,                                                                  
February 20                                                                                                                     
                                                                                                                                
Representative Feige - from 6:30 p.m., February 17 to 10:00 p.m.,                                                               
February 19                                                                                                                     
                                                                                                                                
Representative Neuman - from 5:00 p.m., February 17 to 9:34 p.m.,                                                               
February 19                                                                                                                     
                                                                                                                                
The Speaker pro tempore stated that, without objection, the House                                                               
would recess until 12:30 p.m.; and so, the House recessed at                                                                    
11:52 a.m.                                                                                                                      
                                                                                                                                
                             AFTER RECESS                                                                                    
                                                                                                                                
The Speaker pro tempore called the House back to order at 1:32 p.m.                                                             
                                                                                                                                
The Speaker pro tempore stated that, without objection, the House                                                               
would revert to:                                                                                                                
                                                                                                                                
                       MESSAGES FROM THE SENATE                                                                              
                                                                                                                                
HB 311                                                                                                                        
A message dated February 13, 2012, was read stating the Senate                                                                  
passed CSHB 311(STA) am with the following amendment, and it is                                                                 
transmitted for consideration:                                                                                                  
                                                                                                                                
    SENATE CS FOR CS FOR HOUSE BILL NO. 311(RLS)                                                                                
    "An Act relating to the filing of information with the Alaska                                                               
    Public Offices Commission; and providing for an effective date."                                                            
                                                                                                                                

2012-02-13                     House Journal                      Page 1581
                      CONCUR IN SENATE AMENDMENTS                                                                            
                                                                                                                                
HB 311                                                                                                                        
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House consider the Senate message.  There being no objection, it                                                            
was so ordered.                                                                                                                 
                                                                                                                                
Representative P. Wilson moved that the House concur in the Senate                                                              
amendment to CSHB 311(STA) am, thus adopting SCS CSHB
311(RLS), and recommended that the members vote no.                                                                             
                                                                                                                                
The question being:  "Shall the House concur in the Senate                                                                      
amendment to CSHB 311(STA) am?"  The roll was taken with the                                                                    
following result:                                                                                                               
                                                                                                                                
SCS CSHB 311(RLS)                                                                                                               
Concur                                                                                                                          
                                                                                                                                
YEAS:  0   NAYS:  33   EXCUSED:  6   ABSENT:  1                                                                               
                                                                                                                                
Nays:  Austerman, Cissna, Costello, Dick, Doogan, Edgmon, Feige,                                                                
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                                                    
Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula,                                                                  
Lynn, Miller, Munoz, Neuman, Olson, Petersen, Seaton, Thomas,                                                                   
Thompson, Tuck, P.Wilson, T.Wilson                                                                                              
                                                                                                                                
Excused:  Chenault, Fairclough, Joule, Millett, Pruitt, Saddler                                                                 
                                                                                                                                
Absent:  Stoltze                                                                                                                
                                                                                                                                
And so, the House failed to concur in the Senate amendment.                                                                     
                                                                                                                                
The Chief Clerk notified the Senate and respectfully requested it to                                                            
recede.                                                                                                                         
                                                                                                                                
In the event the Senate fails to recede from its amendment, the                                                                 
Speaker pro tempore appointed the following members to a                                                                        
Conference Committee to meet with a like committee from the Senate                                                              
to consider the above bills:                                                                                                    
                                                                                                                                
 Representative Hawker, Chair                                                                                                   
 Representative Johnson                                                                                                         
 Representative Kerttula                                                                                                        
                                                                                                                                

2012-02-13                     House Journal                      Page 1582
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 62                                                                                                                         
Representative T. Wilson added her name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE BILL NO. 62                                                                                                           
    "An Act relating to excluding motorcycles and motor-driven                                                                  
    cycles from the passenger vehicle rental tax."                                                                              
                                                                                                                                
HB 168                                                                                                                        
Representative P. Wilson added her name as cosponsor to:                                                                        
                                                                                                                                
    CS FOR HOUSE BILL NO. 168(JUD)                                                                                              
    "An Act requiring the amount of the security given by a party                                                               
    seeking an injunction or order vacating or staying the operation of                                                         
    a permit affecting an industrial operation to include an amount for                                                         
    the payment of wages and benefits for employees and payments to                                                             
    contractors and subcontractors that may be lost if the industrial                                                           
    operation is wrongfully enjoined."                                                                                          
                                                                                                                                
HB 246                                                                                                                        
Representative Dick added his name as cosponsor to:                                                                             
                                                                                                                                
    HOUSE BILL NO. 246                                                                                                          
    "An Act naming certain bridges."                                                                                            
                                                                                                                                
HB 267                                                                                                                        
Representative Neuman added his name as cosponsor to:                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 267(L&C)                                                                                              
    "An Act relating to the Real Estate Commission; and providing for                                                           
    an effective date."                                                                                                         
                                                                                                                                
SCR 20                                                                                                                        
Representatives Petersen and Lynn added their names as cross                                                                    
sponsors to:                                                                                                                    
                                                                                                                                
    SENATE CONCURRENT RESOLUTION NO. 20                                                                                         
    Relating to awarding the Alaska Decoration of Honor to certain                                                              
    members of the military.                                                                                                    

2012-02-13                     House Journal                      Page 1583
SB 98                                                                                                                         
Representative Kawasaki added his name as cross sponsor to:                                                                     
                                                                                                                                
    CS FOR SENATE BILL NO. 98(JUD)                                                                                              
    "An Act relating to biometric information."                                                                                 
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Finance Committee                                                                                                               
CHANGED TO:                               15 minutes after adjournment                                                          
                                                                                                                                
Judiciary Committee                                                                                                             
CHANGED TO:                               10 minutes after adjournment                                                          
                                                                                                                                
Labor & Commerce Committee                                                                                                      
LOCATION CHANGED TO:                                        Capitol 106                                                         
                                                                                                                                
Resources Committee                                                                                                             
CHANGED TO:                                           upon adjournment                                                          
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative P. Wilson moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., February 15, 2012.  Objection was                                                           
heard and withdrawn.  There being no further objection, the House                                                               
adjourned at 1:53 p.m.                                                                                                          
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk