Legislature(2011 - 2012)
2012-02-22 House Journal
Full Journal pdf2012-02-22 House Journal Page 1647 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SEVENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday February 22, 2012 Thirty-seventh Day Pursuant to adjournment the House was called to order by Speaker Chenault at 10:32 a.m. Roll call showed 37 members present. Representatives Gardner and Joule had been excused from a call of the House today. Representative P. Wilson, Acting Majority Leader, moved and asked unanimous consent that Representative Austerman be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend Dr. Douglas Dye of Chapel by the Lake Presbyterian 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. Dear God, thank you for this new day. Thank you that you actively care for your creation and each of us. Thank you that you do not leave us on our own but that you are always with us. Indeed, O God, you encourage us to seek you and your way and reassure us that all that we need for life - you will provide. As Jesus said, Look at the birds of the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them. Are you not much more valuable than they? And, See how the flowers of the field grow. They do not labor or spin. Yet I tell you that not even Solomon in all his splendor was dressed like one of these. (Matthew 6) 2012-02-22 House Journal Page 1648 So remind us, O loving God, that you delight in your creation and people. We pray that your love for us enables us to love and serve others. Help us to follow your ways of goodness and justice as we serve in the places you have placed us. I pray you will encourage and guide these men and women of the Alaska State House of Representatives as they seek to govern well and wisely our people. We admit that the issues are complex; that it feels that when some win others may lose; that we grow weary in our efforts to find the best way forward. So, dear God, renew the energy and vision of these servants. Enable them to listen well, to find agreement and common cause, and to build friendship and trust even as they find themselves in different places on challenging questions. So bless these men and women, O Lord. Remind them that you care for them. Remind all of us that you are with us and that you provide all that we need for good and prosperous life. We thank you, dear God, that you are with us this very day, and I ask these things in the name of my Lord, Jesus. Amen. The Pledge of Allegiance was led by Representative Holmes. CERTIFICATION OF THE JOURNAL Representative P. Wilson moved and asked unanimous consent that thth the journal for the 35 and 36 legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative T. Wilson introduced Erica Dahl, Haley Fine, and Courtney Larsen, Guest Pages, from North Pole. MESSAGES FROM THE GOVERNOR HB 311 A message dated February 20, 2012, was read stating the Governor signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2012-02-22 House Journal Page 1649 CONFERENCE CS FOR HOUSE BILL NO. 311 "An Act relating to the filing of information with, and to information filed with, the Alaska Public Offices Commission; and providing for an effective date." Chapter No. 1, SLA 2012 Effective Date: See Chapter A letter dated February 21, 2012, was received regarding the 2011- 2012 Disasters, requesting legislative approval of a financing plan as required under AS 26.23.020. The letter and financial plan were copied to the Finance Committee Co-chairs and are on file in the Chief Clerk's office. REPORTS OF STANDING COMMITTEES HCR 10 The Community & Regional Affairs Committee considered: HOUSE CONCURRENT RESOLUTION NO. 10 Encouraging the state, municipalities of the state, and private organizations in the state to weigh the benefits and costs of waste- to-energy technology and to consider waste-to-energy technology to help meet the energy and waste management needs of the state, municipalities of the state, and private organizations in the state. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(ENE) (same title) The report was signed by Representative Munoz, Chair, with the following individual recommendations: Do pass (2): Cissna, Gardner No recommendation (5): Dick, Austerman, Foster, Saddler, Munoz The following fiscal note(s) apply to CSHCR 10(ENE): 1. Zero, Legislative Agency 2012-02-22 House Journal Page 1650 HCR 10 was referred to the Rules Committee for placement on the calendar. HCR 23 The Resources Committee considered: HOUSE CONCURRENT RESOLUTION NO. 23 Establishing and relating to the Alaska Arctic Policy Commission. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 23(RES) (same title) The report was signed by Representatives Seaton and Feige, Co- chairs, with the following individual recommendations: Do pass (7): Dick, Herron, P. Wilson, Foster, Gardner, Seaton, Feige No recommendation (1): Kawasaki The following fiscal note(s) apply to CSHCR 23(RES): 1. Fiscal, Legislative Agency HCR 23 was referred to the Finance Committee. HJR 34 The State Affairs Committee considered: HOUSE JOINT RESOLUTION NO. 34 Urging the United States Congress to fund all the facilities and vessels necessary for the United States Coast Guard to fulfill its Arctic missions, including icebreakers and an Arctic Coast Guard base. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 34(STA) (same title) 2012-02-22 House Journal Page 1651 The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (4): P. Wilson, Seaton, Petersen, Lynn No recommendation (1): Gruenberg Amend (2): Johansen, Keller The following fiscal note(s) apply to CSHJR 34(STA): 1. Zero, Legislative Agency HJR 34 was referred to the Rules Committee for placement on the calendar. HB 234 The Judiciary Committee considered: HOUSE BILL NO. 234 "An Act relating to picketing or protests at a funeral." The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (5): Lynn, Keller, Thompson, Pruitt, Gatto No recommendation (2): Gruenberg, Holmes The following fiscal note(s) apply: 1. Zero, Dept. of Law HB 234 was referred to the Rules Committee for placement on the calendar. HB 254 The State Affairs Committee considered: 2012-02-22 House Journal Page 1652 HOUSE BILL NO. 254 "An Act establishing the Alaska Native Language Preservation and Advisory Council and relating to the preservation, restoration, and revitalization of Alaska Native languages." and recommends it be replaced with: CS FOR HOUSE BILL NO. 254(STA) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (1): Seaton No recommendation (2): Keller, Lynn Amend (3): Johansen, P. Wilson, Gruenberg The following fiscal note(s) apply to CSHB 254(STA): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 254 was referred to the Finance Committee. HB 267 The Judiciary Committee considered: CS FOR HOUSE BILL NO. 267(L&C) "An Act relating to the Real Estate Commission; and providing for an effective date." and recommends it be replaced with: 2d CS FOR HOUSE BILL NO. 267(JUD) "An Act relating to the Real Estate Commission; relating to temporary permits issued by the Real Estate Commission; relating to licensed assistants who are employed by other real estate licensees; relating to contributions by a real estate licensee to a charitable organization; and providing for an effective date." 2012-02-22 House Journal Page 1653 The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (5): Lynn, Gruenberg, Thompson, Holmes, Pruitt No recommendation (2): Keller, Gatto The following fiscal note(s) apply to 2d CSHB 267(JUD): 1. Zero, Dept. of Commerce, Community, & Economic Development CSHB 267(L&C) was referred to the Rules Committee for placement on the calendar. HB 271 The Transportation Committee considered: HOUSE BILL NO. 271 "An Act relating to the state highway system and commercial motor vehicle requirements." and recommends it be replaced with: CS FOR HOUSE BILL NO. 271(TRA) "An Act relating to commercial motor vehicle requirements." The report was signed by Representative P. Wilson, Chair, with the following individual recommendations: Do pass (5): Pruitt, Munoz, Petersen, Gruenberg, P. Wilson No recommendation (1): Feige The following fiscal note(s) apply to CSHB 271(TRA): 1. Zero, Dept. of Administration HB 271 was referred to the Rules Committee for placement on the calendar. 2012-02-22 House Journal Page 1654 HB 288 The Health & Social Services Committee considered: HOUSE BILL NO. 288 "An Act prohibiting denial or withholding of medical assistance eligibility or coverage for a prisoner." The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (6): Millett, Kerttula, Dick, Seaton, Miller, Keller No recommendation (1): Herron The following fiscal note(s) apply: 1. Indeterminate, Dept. of Corrections 2. Indeterminate, Dept. of Health & Social Services HB 288 was referred to the Finance Committee. HB 304 The State Affairs Committee considered: HOUSE BILL NO. 304 "An Act relating to the membership of the Alaska Fire Standards Council." The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (5): P. Wilson, Gruenberg, Seaton, Petersen, Lynn No recommendation (1): Keller The following fiscal note(s) apply: 1. Fiscal, Dept. of Public Safety HB 304 was referred to the Finance Committee. 2012-02-22 House Journal Page 1655 HB 312 The Community & Regional Affairs Committee considered: HOUSE BILL NO. 312 "An Act creating a low-interest loan program for homeowners who convert their homes to natural gas-fired heating; and creating the natural gas home heating conversion loan fund." and recommends it be replaced with: CS FOR HOUSE BILL NO. 312(CRA) "An Act creating a low-interest loan program for homeowners who convert their homes to natural gas-fired, propane-fired, biomass, or electric heating or district heat; and creating the home heating conversion loan fund." The report was signed by Representative Munoz, Chair, with the following individual recommendations: Do pass (6): Dick, Austerman, Foster, Saddler, Gardner, Munoz Amend (1): Cissna The following fiscal note(s) apply to CSHB 312(CRA): 1. Indeterminate, Dept. of Revenue HB 312 was referred to the Finance Committee. SCR 1 The Health & Social Services Committee considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 1(STA) Designating May of each year as Lupus Awareness Month. The report was signed by Representative Keller, Chair, with the following individual recommendations: Do pass (7): Millett, Kerttula, Dick, Seaton, Miller, Herron, Keller 2012-02-22 House Journal Page 1656 The following fiscal note(s) apply: 2. Zero, Legislative Agency CSSCR 1(STA) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES A report of the Committee on Committees dated February 22, 2012, was read submitting amendments to the January 18, 2011, report (page 10). Additional reports are on pages 78, 319, 409, 601, and 839. The amendments follow: Finance Committee: Kerttula added as an Alternate Judiciary Committee: Hawker replaces Chenault as Alternate The report was signed by Representative Chenault, Chair; and Representatives Johnson, Thomas, Stoltze, and Kerttula. Representative P. Wilson moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Texas State Representative Jerry Madden By Senator Ellis In Memoriam - May Monetta "Tununnaqtaq" Kenworthy By Representative Joule The following citation was introduced and taken up later as a Special Order of Business: 2012-02-22 House Journal Page 1657 Honoring - 2012 Alaska Academic Decathletes By Representative Holmes INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 25 HOUSE CONCURRENT RESOLUTION NO. 25 by Representatives Neuman, Johnson, Chenault, Stoltze, Olson, Fairclough, Feige, Thompson, Costello, Hawker, Saddler, Keller, Petersen, Lynn, Gara, Gatto, Millett, Munoz, Pruitt, Tuck, and Seaton: Celebrating the 75th anniversary of the Wildlife and Sport Fish Restoration Program. was read the first time and referred to the House Special Committee on Fisheries. HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 by Representatives Kerttula and Miller: Designating January 21 - 25, 2013, as Reproductive Rights Awareness Week. was read the first time and referred to the Health & Social Services and Judiciary Committees. HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 by Representatives Petersen, Cissna, and Gruenberg: Urging the Municipality of Anchorage to designate and help develop a portion of the Muldoon Estates Subdivision as a park. was read the first time and referred to the Community & Regional Affairs Committee. 2012-02-22 House Journal Page 1658 HJR 39 HOUSE JOINT RESOLUTION NO. 39 by Representatives Miller, Gardner, Kawasaki, Gara, Petersen, Holmes, Guttenberg, Kerttula, and Tuck: Urging the Governor to direct the Department of Education and Early Development to prepare and submit a request for flexibility under the federal Elementary and Secondary Education Act of 1965 to obtain a waiver of select requirements of the No Child Left Behind Act of 2001 and to direct the commissioner of education and early development to provide a comprehensive improvement plan that will guarantee that students in the state will be adequately prepared for academic and vocational success. was read the first time and referred to the Education Committee. HJR 40 HOUSE JOINT RESOLUTION NO. 40 by Representatives Keller, T. Wilson, Pruitt, Thompson, Millett, Costello, and Johansen: Commending the governor and the administration for aggressively working to enforce the rights of the state in R.S. 2477 rights-of- way; urging the governor and the attorney general to develop a working alliance with other western states to protect and enforce the states' interests in ensuring access using rights-of-way authorized by R.S. 2477; urging the governor and the attorney general to support the State of Utah and the southern counties of Utah in a lawsuit against the federal government concerning R.S. 2477 rights-of-way, including filing an amicus brief in support of Utah; urging the governor to dedicate state resources to establish, protect, and enforce the state's interests in R.S. 2477 rights-of-way and to preserve state rights-of-way against encroachment by the federal government; urging the governor to reestablish a federalism section in the Department of Law and sections in the Department of Natural Resources and the Department of Fish and Game to support the preservation of the state's rights and powers in compact cases; and urging the governor to prepare an appropriation request to fund an aggressive effort by the state to resolve issues relating to R.S. 2477 rights-of-way, including 2012-02-22 House Journal Page 1659 possible litigation, and to continue to work to preserve the rights of the state in regard to R.S. 2477 rights-of-way. was read the first time and referred to the Resources and Judiciary Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 272 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 272 by Representatives GARA, GUTTENBERG, GARDNER, KERTTULA, HOLMES, TUCK, KAWASAKI, PETERSEN, GRUENBERG, CISSNA, and Miller, entitled: "An Act providing for a reduction in interest on postsecondary education loans for residents." was read the first time and referred to the Education and Finance Committees. HB 336 HOUSE BILL NO. 336 by Representatives Thompson, Guttenberg, Herron, Edgmon, Miller, Gruenberg, Petersen, Joule, Kerttula, and Foster, entitled: "An Act establishing an energy assistance program in the Department of Revenue to issue an energy voucher to Alaska permanent fund dividend recipients; and relating to the analysis and recommendation of an energy assistance program by the governor." was read the first time and referred to the House Special Committee on Energy and the Labor & Commerce and Finance Committees. HB 337 HOUSE BILL NO. 337 by Representatives Thompson by request and Olson, entitled: 2012-02-22 House Journal Page 1660 "An Act relating to the Board of Registration for Architects, Engineers, and Land Surveyors and to the Department of Commerce, Community, and Economic Development." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 338 HOUSE BILL NO. 338 by Representative Tuck, entitled: "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 339 HOUSE BILL NO. 339 by Representatives Tuck and Gara, entitled: "An Act establishing a maximum caseload for probation and parole officers." was read the first time and referred to the State Affairs and Finance Committees. HB 340 HOUSE BILL NO. 340 by Representatives Neuman and Olson, entitled: "An Act relating to the reservation of certain mining claims from all uses incompatible with the purposes for establishing the Petersville Recreational Mining Area." was read the first time and referred to the Resources Committee. HB 341 HOUSE BILL NO. 341 by Representatives Joule, Kerttula, and Foster, entitled: 2012-02-22 House Journal Page 1661 "An Act amending the definition of 'disaster' to include erosion of land by water." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HB 342 HOUSE BILL NO. 342 by Representative Cissna, entitled: "An Act requiring public officials to serve as health mentors in the state." was read the first time and referred to the Health & Social Services and Finance Committees. HB 343 HOUSE BILL NO. 343 by Representatives Munoz and P. Wilson, entitled: "An Act relating to disclosure of records of the Department of Health and Social Services pertaining to children in certain circumstances; and providing for an effective date." was read the first time and referred to the Health & Social Services and Judiciary Committees. HB 344 HOUSE BILL NO. 344 by Representative Munoz, entitled: "An Act relating to child support awards; repealing Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 345 HOUSE BILL NO. 345 by Representatives Saddler, Thomas, Feige, Costello, Petersen, and Lynn, entitled: 2012-02-22 House Journal Page 1662 "An Act relating to regulations adopted by the Department of Administration waiving the commercial motor vehicle driving skills test for certain drivers with military commercial motor vehicle experience." was read the first time and referred to the Transportation and State Affairs Committees. HB 346 HOUSE BILL NO. 346 by Representative P. Wilson, entitled: "An Act establishing a high school entrance benchmark assessment for students in grade eight; repealing the secondary student competency examination and related requirements; and providing for an effective date." was read the first time and referred to the Education Committee. HB 347 HOUSE BILL NO. 347 by Representatives Olson, Millett, Stoltze, Feige, Thomas, Johansen, Keller, Pruitt, Saddler, Lynn, and Fairclough, entitled: "An Act prohibiting the use of municipal funds to support or oppose an initiative proposal to circulate a petition for a ballot initiative, or to influence the outcome of an election concerning a ballot initiative, without approval by municipal voters at an election." was read the first time and referred to the State Affairs and Judiciary Committees. HB 348 HOUSE BILL NO. 348 by Representative Tuck, entitled: "An Act relating to airport security screening pat-down searches." was read the first time and referred to the Transportation and Judiciary Committees. 2012-02-22 House Journal Page 1663 HB 349 HOUSE BILL NO. 349 by Representatives Hawker, Chenault, and Petersen, entitled: "An Act relating to a peace officer's recording or otherwise conducting a check on the serial number on a firearm." was read the first time and referred to the Judiciary Committee. HB 350 HOUSE BILL NO. 350 by Representatives Hawker, Costello, Kerttula, Petersen, and Lynn, entitled: "An Act allowing a person who retires as a peace officer or firefighter under the defined benefit plan of the public employees' retirement system to receive credited service in the plan for up to five years of past military service; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. HB 351 HOUSE BILL NO. 351 by Representative Hawker, entitled: "An Act establishing procedures relating to issuance, suspension, or revocation of certification of police officers by the police standards council; making certain court service officers subject to certification by the police standards council; making confidential certain information that personally identifies a police officer; relating to requesting or requiring police officers to submit to lie detector tests; repealing a provision exempting certain police officers from a prohibition against requiring certain employees to submit to lie detector tests; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 352 HOUSE BILL NO. 352 by Representatives Dick, Feige, and P. Wilson, entitled: 2012-02-22 House Journal Page 1664 "An Act relating to public school curriculum and textbook restrictions based on science, resource development, and sustained yield principles." was read the first time and referred to the Education Committee. HB 353 HOUSE BILL NO. 353 by Representatives Guttenberg and Petersen, entitled: "An Act authorizing the president of the University of Alaska to enter into partnership agreements with private industry." was read the first time and referred to the Education and Finance Committees. HB 354 HOUSE BILL NO. 354 by Representatives Guttenberg, Miller, and Gara, entitled: "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of trucking natural gas; and providing for an effective date." was read the first time and referred to the House Special Committee on Energy and the Finance Committee. HB 355 HOUSE BILL NO. 355 by Representatives Guttenberg and Miller, entitled: "An Act relating to the membership of, and member qualifications for, the Alaska Public Offices Commission; prohibiting certain uses of names and addresses contained in certain reports to the commission; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. 2012-02-22 House Journal Page 1665 HB 356 HOUSE BILL NO. 356 by Representatives Pruitt, Keller, Stoltze, Neuman, Feige, Petersen, Johnson, and Fairclough, entitled: "An Act relating to land management by the Board of Game and Department of Natural Resources for trapping and sport and subsistence hunting." was read the first time and referred to the Resources Committee. HB 357 HOUSE BILL NO. 357 by Representatives Pruitt, Foster, Costello, Olson, Thompson, Petersen, and P. Wilson, entitled: "An Act establishing the sustainable energy transmission and supply development program in the Alaska Industrial Development and Export Authority." was read the first time and referred to the House Special Committee on Energy and the Finance Committee. HB 358 HOUSE BILL NO. 358 by Representatives Pruitt, Millett, Costello, Thompson, Johansen, Keller, Olson, and Saddler, entitled: "An Act relating to an advertising campaign in support of opening the Arctic National Wildlife Refuge for development." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 359 HOUSE BILL NO. 359 by the House Rules Committee by request of the Governor, entitled: "An Act relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree; relating to the crime of furnishing indecent material to minors, the crime of online enticement of a minor, the crime of prostitution, and the 2012-02-22 House Journal Page 1666 crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; relating to sex offender registration; relating to testimony by video conference; adding Rule 38.3, Alaska Rules of Criminal Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Law 2. Zero, Dept. of Public Safety 3. Indeterminate, Dept. of Administration 4. Indeterminate, Dept. of Administration 5. Indeterminate, Dept. of Corrections 6. Fiscal, Dept. of Public Safety The Governor's transmittal letter dated February 21, 2012, follows: "Dear Speaker Chenault: As we continue our efforts to combat crime to ensure safe homes and strong families in Alaska, I am transmitting a bill under the authority of Article III, Section 18 of the Alaska Constitution relating to conspiracy to commit human trafficking in the first degree or sex trafficking in the first degree; relating to the crime of furnishing indecent material to minors, the crime of online enticement of a minor, and the crime of sex trafficking; relating to forfeiture of property used in prostitution offenses; relating to sex offender registration; relating to testimony by videoconference; and adding Rule 38.3, Alaska Rules of Criminal Procedure. Alaska law imposes the most severe penalty, an unclassified felony, for persons who exploit children by inducing them to engage in prostitution. It is also a Class A felony for a person to force another adult to engage in prostitution. The law also prohibits other conduct that encourages or allows for promotion of prostitution. 2012-02-22 House Journal Page 1667 When children are victimized in Alaska, they should not be labeled with the actions of the offender who solicits sex, organizes its sale, and exploits children. This bill changes the terminology for the crime by describing the offender's conduct as sex trafficking rather than promoting prostitution. Traffickers prey on the most vulnerable in our society - young girls and boys who may have tragically experienced varying levels of physical and sexual abuse and are often homeless. The most frequent entry age into prostitution for girls is 12 to 14 years old. We believe that any child engaged in prostitution (under the age of 18) is being trafficked, and thus, is victim of a severe and serious crime rather than a prostitute. The crimes of sex trafficking and human trafficking are serious offenses which violate the most basic human rights and deprive victims of every shred of personal freedom. These crimes are often perpetrated by offenders working together. Cooperating to encourage victims to come to the state for illegal activity, or to induce children to engage in prostitution makes the ultimate offenses, human trafficking or sex trafficking, more likely to occur. To address this likelihood, the bill would add human trafficking in the first degree and sex trafficking in the first degree to the crimes defined as serious felony offenses for purposes of our conspiracy law. The bill also would address the recent court decision holding that AS 11.61.128, which prohibits distribution of indecent materials to minors, is unconstitutionally overbroad. The bill would change the statute to require the State to prove that the offender intentionally distributed, or possessed with the intent to distribute, harmful material to another person that the offender knew was under 16 years of age or believed was under 16 years of age. The bill strengthens the sex offender registration law by requiring people who are considered sex offenders in other states to register in this state, if they relocate to Alaska. The bill allows for video conference testimony in a criminal trial in limited circumstances; that is, when the witness is unavailable, the testimony is given under oath and subject to cross-examination, and 2012-02-22 House Journal Page 1668 use of the technology is necessary to further an important public policy. The bill also would allow two-way contemporaneous video conference testimony in hearings addressing the competency of a defendant to be tried for a crime. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Sean Parnell Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 298 The following was read the second time: HOUSE BILL NO. 298 "An Act exempting sand and gravel and marketable earth mining operations from the mining license tax; and providing for an effective date." with the: Journal Page RES RPT CS(RES) NT 8DP 1488 FN1: ZERO(DNR) 1489 FN2: (REV) 1489 FIN RPT CS(FIN) NT 11DP 1529 FN1: ZERO(DNR) 1530 FN3: (REV) 1530 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. 298(FIN) "An Act exempting quarry rock, sand and gravel, and marketable earth mining operations from the mining license tax; and providing for an effective date." 2012-02-22 House Journal Page 1669 There being no objection, it was so ordered. Representative P. Wilson moved and asked unanimous consent that CSHB 298(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 298(FIN) was read the third time. The question being: "Shall CSHB 298(FIN) pass the House?" The roll was taken with the following result: CSHB 298(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Chenault, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Austerman, Gardner, Joule Absent: Cissna, Stoltze And so, CSHB 298(FIN) passed the House. Representative P. Wilson moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Johansen gave notice of reconsideration of the vote on CSHB 298(FIN) and it was taken up later. 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: 2012-02-22 House Journal Page 1670 Honoring - Ginger George Smith By Representatives Neuman, Cissna, Chenault, 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 Honoring - Harold Heinze By Representatives Millett, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck, P. Wilson, T. Wilson; Senator McGuire In Memoriam - Jim E. Robison By Representatives Thompson, 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, Tuck, P. Wilson, T. Wilson; Senator Thomas In Memoriam - Andrew E. Hoge By Representatives Gruenberg, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, 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 Cissna - from 3:00 p.m., today to 9:00 p.m., March 8 2012-02-22 House Journal Page 1671 Representative Doogan - from 8:00 a.m., March 7 to 5:00 p.m., March 11 Representative Gatto - from 5:00 a.m., February 23 to 7:00 p.m., March 13 Representative Chenault - from noon, February 24 to 9:30 p.m., February 26 Representative Thompson - from noon, February 24 to 10:30 a.m., February 27 Representative Keller - from 1:00 p.m., February 24 to 5:00 p.m., February 25 RECONSIDERATION HB 298 Representative Johnson moved and asked unanimous consent that reconsideration of CSHB 298(FIN) (page 1669) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 298(FIN) "An Act exempting quarry rock, sand and gravel, and marketable earth mining operations from the mining license tax; and providing for an effective date." The question to be reconsidered: "Shall CSHB 298(FIN) pass the House?" The roll was taken with the following result: CSHB 298(FIN) Third Reading Final Passage Reconsideration YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 2012-02-22 House Journal Page 1672 Yeas: Chenault, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gatto, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson Excused: Austerman, Gardner, Joule Absent: Cissna, Gruenberg And so, CSHB 298(FIN) passed the House on reconsideration. Representative P. Wilson moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 298(FIN) was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS Representative P. Wilson moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - 2012 Alaska Academic Decathletes, be taken up as a Special Order of Business. There being no objection, it was so ordered. Representative P. Wilson moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - 2012 Alaska Academic Decathletes By Representatives Holmes, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson 2012-02-22 House Journal Page 1673 UNFINISHED BUSINESS HCR 24 Representatives Dick, T. Wilson, Keller, Johnson, Herron, Foster, Austerman, and Chenault added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 24 Relating to the establishment and operation of a state food resource development working group. HJR 10 Representative Thompson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 10 Supporting expanded research concerning the detrimental effects of ocean acidification. HJR 34 Representative Olson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 34 Urging the United States Congress to fund all the facilities and vessels necessary for the United States Coast Guard to fulfill its Arctic missions, including icebreakers and an Arctic Coast Guard base. HB 63 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 63 "An Act relating to flame retardants and to the manufacture, sale, and distribution of products containing flame retardants; relating to bioaccumulative toxic chemicals; and providing for an effective date." HB 235 Representative Kerttula added her name as cosponsor to: 2012-02-22 House Journal Page 1674 HOUSE BILL NO. 235 "An Act relating to certain vehicles, including trailers; and relating to motor vehicle dealer advertising, motor vehicle dealer sales of used motor vehicles, motor vehicle sales contracts, motor vehicle service contracts, and motor vehicle sales financing." HB 267 Representative Gruenberg 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." HB 275 Representative Thompson added his 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 298 Representatives Tuck, Johnson, and Munoz added their names as cosponsors to: CS FOR HOUSE BILL NO. 298(FIN) "An Act exempting quarry rock, sand and gravel, and marketable earth mining operations from the mining license tax; and providing for an effective date." HB 312 Representative Gardner added her name as cosponsor to: HOUSE BILL NO. 312 "An Act creating a low-interest loan program for homeowners who convert their homes to natural gas-fired heating; and creating the natural gas home heating conversion loan fund." 2012-02-22 House Journal Page 1675 HB 332 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 332 "An Act establishing the Alaska Chinook research and restoration endowment fund and relating to grants from the fund." HB 333 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 333 "An Act relating to public office expense term accounts and public office expense term account reserves." ENGROSSMENT HB 298 CSHB 298(FIN) 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 P. Wilson moved and asked unanimous consent that the House adjourn until 9:45 a.m., February 23, 2012, for a joint session. There being no objection, the House adjourned at 11:44 a.m. Suzi Lowell Chief Clerk