Legislature(2011 - 2012)

2012-02-29 House Journal

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2012-02-29                     House Journal                      Page 1725
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
 TWENTY-SEVENTH LEGISLATURE - SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                 Wednesday             February 29, 2012                                                        
                                                                                                                                
                            Forty-fourth Day                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 10:35 a.m.                                                                                                          
                                                                                                                                
Roll call showed 34 members present.  Representatives Cissna, Gatto,                                                            
and Hawker had been excused from a call of the House today.                                                                     
Representative Stoltze was absent and his presence was noted later.                                                             
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Neuman - today                                                                                                   
                                                                                                                                
Representative P. Wilson - until 1:00 p.m., today                                                                               
                                                                                                                                
The invocation was offered by the Chaplain, the Reverend Nancy                                                                  
Campbell of Gospel Outreach Christian Center.  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 deep regard for the religious beliefs for each person                                                              
    here, I invite you into a time of prayer and reflection.                                                                    
                                                                                                                                
    May the Lord bless you and keep you.  May the Lord make                                                                     
    his face shine upon you and be gracious to you.  May the Lord                                                               
    lift up his countenance upon you and give you peace.  May                                                                   
    the Lord answer you in the day of trouble.  May the name of                                                                 
    the God of Jacob defend you.  May he send you help from the                                                                 

2012-02-29                     House Journal                      Page 1726
       sanctuary and strengthen you.  May he bring healing to any                                                              
     here who are ailing.  May his blessing and protection be upon                                                             
    your families.  Amen.                                                                                                       
                                                                                                                                
The Pledge of Allegiance was led by Representative Keller.                                                                      
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
                         ndrd                                                                                                   
the journal for the 42 and 43 legislative days be approved as                                                                   
certified by the Chief Clerk.  There being no objection, it was so                                                              
ordered.                                                                                                                        
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
HB 144                                                                                                                        
A message dated February 27, 2012, was read stating the Senate                                                                  
passed:                                                                                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 144(RES)                                                                                              
    "An Act requiring the Department of Natural Resources annually                                                              
    to deliver to the legislature and the governor a report on fishing                                                          
    stream access."                                                                                                             
                                                                                                                                
CSHB 144(RES) was referred to the Chief Clerk for enrollment.                                                                   
                                                                                                                                
**The presence of Representative Stoltze was noted.                                                                             
                                                                                                                                
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
The Education Committee reviewed the qualifications of the following                                                            
and recommends the appointments be forwarded to a joint session for                                                             
consideration:                                                                                                                  
                                                                                                                                
                                Jill Exe                                                                                       
                            Louis Pondolfino                                                                                   
                                                                                                                                
as members of the Professional Teaching Practices Commission.                                                                   
                                                                                                                                

2012-02-29                     House Journal                      Page 1727
The report was signed by Representative Dick, Chair; and                                                                        
Representatives P. Wilson, Pruitt, Seaton, Kawasaki, and Feige.                                                                 
                                                                                                                                
The Health & Social Services Committee reviewed the qualifications                                                              
of the following and recommends the appointments be forwarded to a                                                              
joint session for consideration:                                                                                                
                                                                                                                                
                              Camille Carlson                                                                                   
                           Dr. Elizabeth Kohnen                                                                                 
                              Dr. David Miller                                                                                  
                             Dr. David Powers                                                                                   
                                                                                                                                
as members of the State Medical Board.                                                                                          
                                                                                                                                
The report was signed by Representative Keller, Chair; and                                                                      
Representatives Kerttula, Dick, Seaton, Miller, and Herron.                                                                     
                                                                                                                                
HB 2                                                                                                                          
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 2                                                                                                            
    "An Act relating to certain investments of the Alaska permanent                                                             
    fund, the state's retirement systems, the State of Alaska                                                                   
    Supplemental Annuity Plan, and the deferred compensation                                                                    
    program for state employees in certain companies that do business                                                           
    in Iran, and restricting those investments; and providing for an                                                            
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 2(STA)                                                                                                
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (2):  Gruenberg, Lynn                                                                                                   
                                                                                                                                
No recommendation (3):  Johansen, Keller, Seaton                                                                                
                                                                                                                                

2012-02-29                     House Journal                      Page 1728
The following fiscal note(s) apply to CSHB 2(STA):                                                                              
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      
2.  Zero, Dept. of Revenue                                                                                                      
3.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
HB 2 was referred to the Finance Committee.                                                                                     
                                                                                                                                
HB 9                                                                                                                          
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 9                                                                                                            
    "An Act requiring the Joint In-State Gasline Development Team                                                               
    to report to the legislature recommended changes to state law that                                                          
    are required to enable or facilitate the design, financing, and                                                             
    construction of an in-state natural gas pipeline so that the in-state                                                       
    natural gas pipeline is operational before 2016; and providing for                                                          
    an effective date."                                                                                                         
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 9(RES)                                                                                                
    "An Act relating to the Alaska Gasline Development Corporation,                                                             
    a subsidiary created by the Alaska Housing Finance Corporation;                                                             
    establishing and relating to the in-state natural gas pipeline fund;                                                        
    making certain information provided to or by the Alaska Gasline                                                             
    Development Corporation exempt from inspection as a public                                                                  
    record; relating to the Joint In-State Gasline Development Team;                                                            
    relating to the judicial review of a right-of-way lease or the                                                              
    development or construction of an oil or gas pipeline on state                                                              
    land; relating to the lease of a right-of-way by the Alaska Gasline                                                         
    Development Corporation for a gas pipeline transportation                                                                   
    corridor; relating to the cost of natural resources, permits, and                                                           
    leases provided to the Alaska Gasline Development Corporation;                                                              
    relating to the review of natural gas transportation contracts by the                                                       
    Regulatory Commission of Alaska; relating to the regulation by                                                              
    the Regulatory Commission of Alaska of an in-state gas pipeline                                                             
    project developed by the Alaska Gasline Development                                                                         
    Corporation; relating to the Alaska Natural Gas Development                                                                 
    Authority; relating to the procurement of certain services by the                                                           

2012-02-29                     House Journal                      Page 1729
    Alaska Natural Gas Development Authority; exempting property                                                                
    of a project developed by the Alaska Gasline Development                                                                    
    Corporation from property taxes before the commencement of                                                                  
    commercial operations; and providing for an effective date."                                                                
                                                                                                                                
The report was signed by Representatives Feige and Seaton, Co-                                                                  
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (4):  Munoz, Foster, Herron, Seaton                                                                                     
                                                                                                                                
Do not pass (2):  Kawasaki, Gardner                                                                                             
                                                                                                                                
No recommendation (1):  Feige                                                                                                   
                                                                                                                                
Amend (2):  Dick, P. Wilson                                                                                                     
                                                                                                                                
A House Resources Committee letter of intent for CSHB 9(RES),                                                                   
signed by Representatives Feige and Seaton, Co-chairs, follows:                                                                 
                                                                                                                                
"It is the Intent of the Legislature that a pipeline operating agreement                                                        
negotiated by the Alaska Gasline Development Corporation and                                                                    
shippers under the authority of HB 9 will to the greatest extent                                                                
possible not be held as confidential except to protect trade secrets or                                                         
direct competitive advantage."                                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 9(RES):                                                                              
                                                                                                                                
1.  Fiscal, Dept. of Revenue                                                                                                    
                                                                                                                                
HB 9 was referred to the Finance Committee.                                                                                     
                                                                                                                                
                                                                                                                                
HB 221                                                                                                                        
The Judiciary Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 221                                                                                                          
    "An Act relating to the appointment of counsel for persons                                                                  
    accused of crimes; and amending Rule 39.1, Alaska Rules of                                                                  
    Criminal Procedure."                                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1730
The report was signed by Representative Thompson, Vice Chair, with                                                              
the following individual recommendations:                                                                                       
                                                                                                                                
Do pass (3):  Lynn, Pruitt, Thompson                                                                                            
                                                                                                                                
No recommendation (1):  Gruenberg                                                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Law                                                                                                          
3.  Fiscal, Alaska Court System                                                                                                 
                                                                                                                                
HB 221 was referred to the Finance Committee.                                                                                   
                                                                                                                                
                                                                                                                                
HB 224                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 224                                                                                                          
    "An Act relating to the prohibition of selling or giving tobacco or                                                         
    a product containing nicotine to a minor unless prescribed by a                                                             
    licensed physician."                                                                                                        
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 224(FIN)                                                                                              
    "An Act prohibiting the sale or gift of a product containing                                                                
    nicotine to a minor under certain conditions."                                                                              
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (9):  Fairclough, T. Wilson, Guttenberg, Costello, Edgmon,                                                              
Doogan, Joule, Stoltze, Thomas                                                                                                  
                                                                                                                                
Amend (1):  Gara                                                                                                                
                                                                                                                                
The following fiscal note(s) apply to CSHB 224(FIN):                                                                            
                                                                                                                                

2012-02-29                     House Journal                      Page 1731
3.  Zero, Dept. of Health & Social Services                                                                                     
4.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
HB 224 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 289                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 289                                                                                                          
    "An Act relating to a gas storage facility; relating to the tax credit                                                      
    for a gas storage facility; relating to the powers and duties of the                                                        
    Alaska Oil and Gas Conservation Commission; relating to the                                                                 
    regulation of natural gas storage as a utility; relating to the powers                                                      
    and duties of the director of the division of lands and to lease fees                                                       
    for a gas storage facility on state land; and providing for an                                                              
    effective date."                                                                                                            
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 289(RES)                                                                                              
    "An Act relating to an above-ground liquefied natural gas storage                                                           
    facility; relating to the tax credit for an investment in an above-                                                         
    ground liquefied natural gas storage facility; relating to the                                                              
    regulation of gas storage as a utility; relating to the powers and                                                          
    duties of the director of the division of lands and to lease fees for a                                                     
    liquefied natural gas storage facility on state land; and providing                                                         
    for an effective date."                                                                                                     
                                                                                                                                
The report was signed by Representatives Feige and Seaton, Co-                                                                  
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (5):  Munoz, Foster, P. Wilson, Dick, Seaton                                                                            
                                                                                                                                
No recommendation (3):  Gardner, Herron, Feige                                                                                  
                                                                                                                                
Amend (1):  Kawasaki                                                                                                            
                                                                                                                                
The following fiscal note(s) apply to CSHB 289(RES):                                                                            
                                                                                                                                

2012-02-29                     House Journal                      Page 1732
1.  Zero, Dept. of Administration                                                                                               
2.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
3.  Indeterminate, Dept. of Natural Resources                                                                                   
4.  Indeterminate, Dept. of Natural Resources                                                                                   
5.  Indeterminate, Dept. of Revenue                                                                                             
                                                                                                                                
HB 289 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 302                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 302                                                                                                          
    "An Act repealing certain audit requirements for entities receiving                                                         
    contributions from permanent fund dividends."                                                                               
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 302(FIN)                                                                                              
    "An Act requiring each campus or program of the University of                                                               
    Alaska to apply to be included on the contribution list for                                                                 
    contributions from permanent fund dividends; requiring a                                                                    
    university to pay an application fee for each program or campus                                                             
    separately listed on the contribution list for contributions from                                                           
    permanent fund dividends; and repealing certain audit                                                                       
    requirements for entities receiving contributions from permanent                                                            
    fund dividends."                                                                                                            
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (7):  Gara, T. Wilson, Guttenberg, Costello, Edgmon, Stoltze,                                                           
Thomas                                                                                                                          
                                                                                                                                
No recommendation (1):  Doogan                                                                                                  
                                                                                                                                
Amend (1):  Fairclough                                                                                                          
                                                                                                                                
The following fiscal note(s) apply to CSHB 302(FIN):                                                                            
                                                                                                                                
1.  Zero, Dept. of Revenue                                                                                                      

2012-02-29                     House Journal                      Page 1733
HB 302 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
HB 304                                                                                                                        
The Finance Committee considered:                                                                                               
                                                                                                                                
    HOUSE BILL NO. 304                                                                                                          
    "An Act relating to the membership of the Alaska Fire Standards                                                             
    Council."                                                                                                                   
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (11):  T. Wilson, Gara, Fairclough, Guttenberg, Joule,                                                                  
Neuman, Costello, Edgmon, Doogan, Stoltze, Thomas                                                                               
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Public Safety                                                                                              
                                                                                                                                
HB 304 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
                                                                                                                                
HB 310                                                                                                                        
The Health & Social Services Committee considered:                                                                              
                                                                                                                                
    HOUSE BILL NO. 310                                                                                                          
    "An Act temporarily reinstating the child and adult immunization                                                            
    program in the Department of Health and Social Services; and                                                                
    providing for an effective date."                                                                                           
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 310(HSS)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Keller, Chair, with the                                                                 
following individual recommendations:                                                                                           
                                                                                                                                

2012-02-29                     House Journal                      Page 1734
Do pass (5):  Kerttula, Dick, Seaton, Miller, Herron                                                                            
                                                                                                                                
No recommendation (1):  Keller                                                                                                  
                                                                                                                                
The following fiscal note(s) apply to CSHB 310(HSS):                                                                            
                                                                                                                                
1.  Fiscal, Dept. of Health & Social Services                                                                                   
                                                                                                                                
HB 310 was referred to the Finance Committee.                                                                                   
                                                                                                                                
HB 316                                                                                                                        
The State Affairs Committee considered:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 316                                                                                                          
    "An Act relating to military facility zones in the state; relating to                                                       
    the development of housing in military facility zones; relating to                                                          
    the financing of projects in military facility zones; and providing                                                         
    for an effective date."                                                                                                     
                                                                                                                                
The report was signed by Representative Lynn, Chair, with the                                                                   
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (5):  Johansen, Petersen, P. Wilson, Keller, Lynn                                                                       
                                                                                                                                
No recommendation (1):  Gruenberg                                                                                               
                                                                                                                                
Amend (1):  Seaton                                                                                                              
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
2.  Zero, Dept. of Military & Veterans' Affairs                                                                                 
3.  Zero, Dept. of Revenue                                                                                                      
                                                                                                                                
HB 316 was referred to the Rules Committee for placement on the                                                                 
calendar.                                                                                                                       
                                                                                                                                
SB 30                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                

2012-02-29                     House Journal                      Page 1735
    CS FOR SENATE BILL NO. 30(2d JUD)                                                                                           
    "An Act providing for the release of certain property in the                                                                
    custody of a law enforcement agency to a crime victim under                                                                 
    certain conditions and relating to requests for that release by the                                                         
    office of victims' rights."                                                                                                 
                                                                                                                                
The report was signed by Representatives Stoltze and Thomas, Co-                                                                
chairs, with the following individual recommendations:                                                                          
                                                                                                                                
Do pass (10):  Fairclough, Gara, T. Wilson, Guttenberg, Joule,                                                                  
Costello, Edgmon, Doogan, Stoltze, Thomas                                                                                       
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
3.  Zero, Dept. of Public Safety                                                                                                
4.  Indeterminate, Dept. of Law                                                                                                 
5.  Zero, Legislative Agency                                                                                                    
                                                                                                                                
CSSB 30(2d JUD) was referred to the Rules Committee for placement                                                               
on the calendar.                                                                                                                
                                                                                                                                
                                                                                                                                
The Speaker stated that the House would stand at ease to allow                                                                  
members of the Senate to enter the Chamber; and so, the House stood                                                             
at ease at 10:56 a.m.                                                                                                           
                                                                                                                                
                             AFTER AT EASE                                                                                   
                                                                                                                                
The Speaker called the House back to order at 11:03 a.m.                                                                        
                                                                                                                                
                       JOINT SESSION IN THE HOUSE                                                                            
                                                                                                                                
In accordance with Uniform Rule 51, Speaker Chenault turned the                                                                 
gavel over to President Stevens who called the joint session to order at                                                        
11:04 a.m.                                                                                                                      
                                                                                                                                
The purpose of the joint session was to hear the State of the Judiciary                                                         
Address by the Honorable Walter Carpeneti, Chief Justice of the                                                                 
Alaska Supreme Court.                                                                                                           
                                                                                                                                

2012-02-29                     House Journal                      Page 1736
Senator Meyer moved and asked unanimous consent that the roll call                                                              
of the Senate be waived and all members be shown as present.  There                                                             
being no objection, it was so ordered.                                                                                          
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the roll call of the House be waived and all members be shown as                                                                
present.  There being no objection, it was so ordered.                                                                          
                                                                                                                                
President Stevens appointed Representative Thompson and Senator                                                                 
Paskvan to escort the Honorable Walter Carpeneti to the joint session.                                                          
                                                                                                                                
The Senate Sergeant-at-Arms announced the Chief Justice's entrance                                                              
into the House Chamber.                                                                                                         
                                                                                                                                
Chief Justice Carpeneti was escorted to the rostrum and welcomed by                                                             
President Stevens.                                                                                                              
                                                                                                                                
The Chief Justice delivered his address, and it is published in Senate                                                          
and House Joint Journal Supplement No. 13.                                                                                      
                                                                                                                                
Chief Justice Carpeneti received a standing ovation and was escorted                                                            
from the Chamber by Representative Thompson and Senator Paskvan.                                                                
                                                                                                                                
Senator Meyer moved and asked unanimous consent that the joint                                                                  
session adjourn.  There being no objection, President Stevens                                                                   
adjourned the joint session at 11:55 a.m.                                                                                       
                                                                                                                                
The Speaker ordered the House at ease to allow members of the Senate                                                            
to leave the Chamber.                                                                                                           
                                                                                                                                
                              IN THE HOUSE                                                                                   
                                                                                                                                
The Speaker called the House back to order at 12:05 p.m.                                                                        
                                                                                                                                
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1737
Honoring - Carol Comeau                                                                                                         
By Representative Millett; Senator Meyer                                                                                        
                                                                                                                                
Honoring - A. A. Bennett, Alaska Aviation Museum Hall of Fame                                                                   
By Representatives Hawker, Feige                                                                                                
                                                                                                                                
Honoring - Lowell Thomas Jr., Alaska Aviation Museum Hall of                                                                    
Fame                                                                                                                            
By Representatives Hawker, Feige                                                                                                
                                                                                                                                
Honoring - Wilfred and Eva Ryan, Alaska Aviation Museum Hall of                                                                 
Fame                                                                                                                            
By Representatives Hawker, Feige                                                                                                
                                                                                                                                
Honoring - Ben Grossmann, 2012 Academy Award Winner                                                                             
By Representatives Miller, Feige                                                                                                
                                                                                                                                
Honoring - Gary Hall, 2012 Secondary Instructor of the Year                                                                     
By Representative Feige                                                                                                         
                                                                                                                                
Honoring - Linda Schandelmeier                                                                                                  
By Representative Miller; Senator Thomas                                                                                        
                                                                                                                                
Honoring - Glacier View School Mixed 6 Volleyball Team, 2011 State                                                              
Champions                                                                                                                       
By Representative Feige                                                                                                         
                                                                                                                                
Honoring - East High First Robotics Team                                                                                        
By Representative Gardner                                                                                                       
                                                                                                                                
Honoring - Willard Dunham                                                                                                       
By Senator Stevens; Representative Seaton                                                                                       
                                                                                                                                
                                                                                                                                
In Memoriam - Dennis Novak                                                                                                      
By Representative Seaton; Senator Stevens                                                                                       
                                                                                                                                
In Memoriam - Dave Chris Crowell                                                                                                
By Representatives Costello, Holmes                                                                                             
                                                                                                                                

2012-02-29                     House Journal                      Page 1738
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                             OF HOUSE BILLS                                                                                  
                                                                                                                                
HB 361                                                                                                                        
HOUSE BILL NO. 361 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "An Act relating to the Alaska Land Act, including certain lease,                                                           
    sale, and other disposal of state land and materials; relating to                                                           
    production royalties from miners; relating to rights to use state                                                           
    water; and providing for an effective date."                                                                                
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Fish & Game                                                                                                  
2.  Zero, Dept. of Transportation & Public Facilities                                                                           
3.  Indeterminate, Dept. of Natural Resources                                                                                   
                                                                                                                                
The Governor's transmittal letter dated February 27, 2012, follows:                                                             
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to the Alaska Land Act,                                                         
including certain lease, sale, and other disposal of State land and                                                             
materials; relating to production royalties from miners; and relating to                                                        
rights to use State water. This bill will reduce the permitting burden                                                          
and costs of applicants by creating efficiencies, streamlining, and                                                             
eliminating redundancies in the permit application process.                                                                     
                                                                                                                                
This bill would accomplish the following:                                                                                       
                                                                                                                                
    (1) Allow the Department of Natural Resources to use sealed bid                                                             
    procedures, rather than public auction, if appropriate, for certain                                                         
    leasing and disposal of State land;                                                                                         
                                                                                                                                

2012-02-29                     House Journal                      Page 1739
    (2) Raise the monetary cap for negotiating leases of State land                                                             
    from $5,000 to $10,000;                                                                                                     
                                                                                                                                
                                                                                                                                
    (3) Give the Department of Natural Resources more flexibility                                                               
    regarding when to issue negotiated leases of land, as opposed to                                                            
    using a competitive bid process;                                                                                            
                                                                                                                                
                                                                                                                                
    (4) Allow the Department of Natural Resources to renew mineral                                                              
    and land leases under certain conditions without conducting the                                                             
    same process for initiating a new lease;                                                                                    
                                                                                                                                
                                                                                                                                
    (5) Separate out the respective rules and procedures for timber                                                             
    sales and material sales, such as for rock and gravel;                                                                      
                                                                                                                                
                                                                                                                                
    (6) Allow the Department of Natural Resources to convey                                                                     
    materials as needed for flood control purposes;                                                                             
                                                                                                                                
    (7) Allow the Department of Natural Resources to exempt small                                                               
     mining operations from having to pay production royalties; and                                                            
                                                                                                                                
    (8) Provide more flexibility to the Department of Natural                                                                   
     Resources in how they notify the public of proposed decisions.                                                            
                                                                                                                                
                                                                                                                                
Collectively, these various changes represent an effort by the                                                                  
Department of Natural Resources to make its administration of these                                                             
programs more efficient. If enacted, these changes will help the                                                                
Department improve its ability to responsibly manage the State's land                                                           
and resources in accordance with constitutional principles and                                                                  
statutory directives.                                                                                                           
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"                                                                                                                       
                                                                                                                                

2012-02-29                     House Journal                      Page 1740
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 118                                                                                                                        
The following, which was advanced to third reading from the February                                                            
27, 2012, calendar (page 1713), was read the third time:                                                                        
                                                                                                                                
    CS FOR HOUSE BILL NO. 118(FIN)                                                                                              
    "An Act relating to a tax credit for qualified research and                                                                 
    development expenditures; and providing for an effective date."                                                            
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
Representative Petersen be excused from a call of the House from                                                                
noon to 2:30 p.m., today.  There being no objection, it was so ordered.                                                         
                                                                                                                                
Representative Gara moved and asked unanimous consent that CSHB                                                                 
118(FIN) be returned to second reading for the specific purpose of                                                              
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, CSHB 118(FIN) would be                                                              
returned to second reading for all amendments.                                                                                  
                                                                                                                                
Amendment No. 1 was offered  by Representative Gara:                                                                             
                                                                                                                                
Page 2, line 10, following "AS 43.20.011(e)":                                                                                   
 Insert "or A 43.55,"                                                                                                           
                                                                                                                                
Page 2, line 11, following "title":                                                                                             
 Insert "Companies eligible for credits of deductions under                                                                     
AS 43.55 are not eligible for credits under this section."                                                                      
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Costello objected.                                                                                               
                                                                                                                                
**The presence of Representative P. Wilson, who was excused (page                                                               
1725), was noted.                                                                                                               
                                                                                                                                

2012-02-29                     House Journal                      Page 1741
The Speaker stated that, without objection, the House would recess                                                              
until 7:00 p.m.; and so, the House recessed at 12:56 p.m.                                                                       
                                                                                                                                
                              AFTER RECESS                                                                                   
                                                                                                                                
The Speaker called the House back to order at 7:06 p.m.                                                                         
                                                                                                                                
Representative Olson was excused from a call of the House at                                                                    
6:00 p.m. (page 1719).                                                                                                          
                                                                                                                                
The presence of Representative Petersen, who was excused (page                                                                  
1740), was noted.                                                                                                               
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
Representative Hawker be excused from a call of the House for the                                                               
remainder of the day (amended from page 1719).  There being no                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                              (continued)                                                                                      
                                                                                                                                
HB 118                                                                                                                        
The following, which was returned to second reading, was before the                                                             
House with Amendment No. 1 moved and pending (page 1740):                                                                       
                                                                                                                                
    CS FOR HOUSE BILL NO. 118(FIN)                                                                                              
    "An Act relating to a tax credit for qualified research and                                                                 
    development expenditures; and providing for an effective date."                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Kawasaki,                                                                  
Kerttula, Miller, Petersen, Tuck                                                                                                
                                                                                                                                

2012-02-29                     House Journal                      Page 1742
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Holmes, Johansen, Johnson, Joule, Keller,                                                                
Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                                 
Thompson, P.Wilson, T.Wilson                                                                                                    
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Gara:                                                                             
                                                                                                                                
Page 1, line 9:                                                                                                                 
    Delete "the taxable year"                                                                                                   
    Insert "a taxable year ending before January 1, 2017,"                                                                      
                                                                                                                                
Page 2, following line 25:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 43.20.047 is repealed January 1, 2024."                                                                         
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Gara moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Pruitt objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  12   NAYS:  23   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule,                                                             
Kawasaki, Kerttula, Miller, Petersen, Tuck                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Johansen, Johnson, Keller, Lynn, Millett,                                                                
Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                                      
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                

2012-02-29                     House Journal                      Page 1743
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Gardner:                                                                          
                                                                                                                                
Page 2, following line 18:                                                                                                      
    Insert a new subsection to read:                                                                                            
         "(f)  The total amount of the credit authorized under this                                                             
    section for all taxpayers may not exceed $50,000,000 in a calendar                                                          
    year. The department may adopt regulations that provide the                                                                 
    standards and procedures to prorate the amount of credit available                                                          
    to each taxpayer when the total amount of tax credits claimed by                                                            
    all taxpayers under this section for a calendar year exceeds                                                                
    $50,000,000."                                                                                                               
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Representative Gardner moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Feige objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes,                                                                    
Kawasaki, Kerttula, Miller, Tuck                                                                                                
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett,                                                         
Munoz, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1744
Amendment No. 4 was offered  by Representative Gardner:                                                                          
                                                                                                                                
Page 1, line 1, following "expenditures;" (title amendment):                                                                  
    Insert "relating to information about research and                                                                        
development expenditures that must be provided in order to claim                                                              
a qualified research and development tax credit for those                                                                     
expenditures;"                                                                                                                
                                                                                                                                
Page 2, line 10, following "AS 43.20.011(e)":                                                                                   
    Insert ", for which information was not submitted in a report under                                                         
(f) of this section,"                                                                                                           
                                                                                                                                
Page 2, following line 18:                                                                                                      
    Insert a new subsection to read:                                                                                            
         "(f)  A taxpayer shall file with the department before April 1                                                         
    of the following year a statement, under oath, in a form prescribed                                                         
    by the department, giving, for each research and development                                                                
    expenditure that is the basis for a credit claimed under                                                                    
    AS 43.20.047, a description of the expenditure and a general                                                                
    description of the purpose of the expenditure. Notwithstanding                                                              
    AS 40.25.100(a) and AS 43.05.230(a), information submitted                                                                  
    under this subsection shall be published by the department on the                                                           
    department's Internet website and shall be disclosed to the                                                                 
    legislature in a report submitted within 10 days after the                                                                  
    convening of the next regular legislative session following the                                                             
    date a statement is filed under this section."                                                                              
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Representative Gardner moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                

2012-02-29                     House Journal                      Page 1745
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Kawasaki,                                                                  
Kerttula, Miller, Petersen, Tuck                                                                                                
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Holmes, Johansen, Johnson, Joule, Keller,                                                                
Lynn, Millett, Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                                 
Thompson, P.Wilson, T.Wilson                                                                                                    
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representative Gruenberg:                                                                        
                                                                                                                                
Page 1, line 10, following "chapter.":                                                                                          
    Insert "If the taxpayer is a member of an affiliated group, then the                                                        
total amount of credits under this section may not exceed $10,000,000                                                           
for the affiliated group. In this subsection, "affiliated group" has the                                                        
meaning given in AS 43.20.073."                                                                                                 
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Johnson objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  13   NAYS:  22   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes,                                                                    
Kawasaki, Kerttula, Miller, Munoz, Petersen, Seaton, Tuck                                                                       
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett,                                                         
Pruitt, Saddler, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson                                                                  
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1746
Amendment No. 6 was offered  by Representative Gruenberg:                                                                        
                                                                                                                                
Page 2, lines 12 - 18:                                                                                                          
    Delete all material and insert:                                                                                             
         "(e)  The department shall make an annual report to the                                                                
    legislature that states the number of taxpayers who claimed credits                                                         
    under this section and the total amount of credits granted to all                                                           
    taxpayers under this section in the immediately preceding year.                                                            
         (f)  Notwithstanding AS 40.25.100 and AS 43.05.230(a), at                                                              
    the time the report is made to the legislature under (e) of this                                                            
    section, the department shall submit a confidential report to the                                                           
    legislature that states, for each taxpayer, the amount of credit                                                            
    granted, a description of each qualified research and development                                                           
    project for which the credit was granted, and the number of                                                                 
    employees conducting the qualified research and development for                                                             
    which the credit was granted. Although the report submitted under                                                           
    this subsection must include information for each taxpayer that                                                             
    has been granted a credit under this section, the report may not                                                            
    include the name of a taxpayer."                                                                                            
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
Representative Gruenberg moved and asked unanimous consent that                                                                 
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Costello objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg,                                                                    
Kawasaki, Kerttula, Miller, Petersen, Tuck                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Fairclough, Feige, Foster,                                                          
Herron, Holmes, Johansen, Johnson, Joule, Keller, Lynn, Millett,                                                                
Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                                      
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                

2012-02-29                     House Journal                      Page 1747
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 7 was offered  by Representative Tuck:                                                                             
                                                                                                                                
Page 2, following line 7:                                                                                                       
    Insert a new subsection to read:                                                                                            
         "(d)  At the time a return is filed under this chapter on which                                                        
    the credit under this section is claimed, the taxpayer shall submit a                                                       
    statement that includes a description of the research and                                                                   
    development activities conducted that are attributable to the state                                                         
    and the qualified research and development expenditures for                                                                 
    which credit is claimed. The statement submitted under this                                                                 
    subsection must be verified by an independent certified public                                                              
    accountant licensed in the state."                                                                                          
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Thompson objected.                                                                                               
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  11   NAYS:  24   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Doogan, Gara, Gardner, Gruenberg, Guttenberg, Holmes,                                                                    
Kawasaki, Kerttula, Miller, Petersen, Tuck                                                                                      
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett,                                                         
Munoz, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                                      
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                

2012-02-29                     House Journal                      Page 1748
Gardner changed from "Nay" to "Yea".                                                                                            
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
CSHB 118(FIN) was automatically in third reading.                                                                               
                                                                                                                                
The question being:  "Shall CSHB 118(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  23   NAYS:  12   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Dick, Fairclough, Feige, Foster,                                                          
Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz,                                                                 
Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson,                                                                   
T.Wilson                                                                                                                        
                                                                                                                                
Nays:  Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg,                                                                    
Holmes, Kawasaki, Kerttula, Miller, Petersen, Tuck                                                                              
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, CSHB 118(FIN) passed the House.                                                                                         
                                                                                                                                
Representative Austerman moved the effective date clause.                                                                       
                                                                                                                                
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 118(FIN)                                                                                                                   
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                                                
Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                                     
Kerttula, Lynn, Miller, Millett, Munoz, Petersen, Pruitt, Saddler,                                                              
Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson                                                                     
                                                                                                                                

2012-02-29                     House Journal                      Page 1749
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
Representative Lynn gave notice of reconsideration of the vote on                                                               
CSHB 118(FIN).                                                                                                                  
                                                                                                                                
                            RECONSIDERATION                                                                                  
                                                                                                                                
HB 118                                                                                                                        
Representative Lynn moved and asked unanimous consent that                                                                      
reconsideration of CSHB 118(FIN) be taken up on the same day.                                                                   
                                                                                                                                
Representative Lynn moved and asked unanimous consent to                                                                        
withdraw the motion. There being no objection, it was so ordered.                                                               
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                              (continued)                                                                                      
                                                                                                                                
                  SECOND READING OF HOUSE RESOLUTIONS                                                                        
                                                                                                                                
HJR 34                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    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.                                                                                                                       
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 MLV RPT CS(MLV) 4DP                                               1613                                                         
 FN1: ZERO(LEG)                                                    1614                                                         
 STA RPT CS(STA) 4DP 1NR 2AM                                       1650                                                         
 FN1: ZERO(LEG)                                                    1651                                                         
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
resolution:                                                                                                                     
                                                                                                                                

2012-02-29                     House Journal                      Page 1750
    CS FOR HOUSE JOINT RESOLUTION NO. 34(STA)                                                                                   
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representatives Herron and                                                                       
Gruenberg:                                                                                                                      
                                                                                                                                
Page 4, line 11, following "the":                                                                                               
 Insert "strategically important"                                                                                               
                                                                                                                                
Representative Herron moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Johansen and                                                                     
Millett:                                                                                                                        
                                                                                                                                
Page 1, line 15 through page 2, line 1:                                                                                         
    Delete all material.                                                                                                        
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Objection was heard.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHJR 34(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  19   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Costello, Dick, Doogan, Fairclough, Feige, Gruenberg,                                                                    
Johansen, Johnson, Joule, Lynn, Millett, Munoz, Petersen, Pruitt,                                                               
Saddler, P.Wilson                                                                                                               
                                                                                                                                
Nays:  Austerman, Chenault, Edgmon, Foster, Gara, Gardner,                                                                      
Guttenberg, Herron, Holmes, Kawasaki, Keller, Kerttula, Miller,                                                                 
Seaton, Stoltze, Thomas, Thompson, Tuck, T.Wilson                                                                               
                                                                                                                                

2012-02-29                     House Journal                      Page 1751
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representatives Johansen and                                                                     
Millett:                                                                                                                        
                                                                                                                                
Page 2, lines 14 - 15:                                                                                                          
    Delete "foreign shippers set their sights on Asian markets,                                                                 
international"                                                                                                                  
                                                                                                                                
Page 2, line 15:                                                                                                                
 Delete "of oil and gas and other potentially hazardous cargo"                                                                  
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Herron objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHJR 34(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  30   EXCUSED:  5   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Costello, Doogan, Johansen, Millett, Stoltze                                                                             
                                                                                                                                
Nays:  Austerman, Chenault, Dick, Edgmon, Fairclough, Feige,                                                                    
Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes,                                                                   
Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Munoz,                                                                
Petersen, Pruitt, Saddler, Seaton, Thomas, Thompson, Tuck, P.Wilson,                                                            
T.Wilson                                                                                                                        
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representatives Johansen and                                                                     
Millett:                                                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1752
Page 2, lines 27 - 29:                                                                                                          
 Delete all material.                                                                                                           
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Herron objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHJR 34(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  32   EXCUSED:  5   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Johansen, Keller, Millett                                                                                                
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                                                
Herron, Holmes, Johnson, Joule, Kawasaki, Kerttula, Lynn, Miller,                                                               
Munoz, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representatives Johansen and                                                                     
Millett:                                                                                                                        
                                                                                                                                
Page 4, lines 18 - 19:                                                                                                          
 Delete "shipping, oil and gas drilling, and commercial fishing"                                                                
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Herron objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2012-02-29                     House Journal                      Page 1753
CSHJR 34(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  6   NAYS:  29   EXCUSED:  5   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Doogan, Johansen, Keller, Millett, Petersen, Tuck                                                                        
                                                                                                                                
Nays:  Austerman, Chenault, Costello, Dick, Edgmon, Fairclough,                                                                 
Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes,                                                            
Johnson, Joule, Kawasaki, Kerttula, Lynn, Miller, Munoz, Pruitt,                                                                
Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson                                                                  
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was offered  by Representatives Johansen and                                                                     
Millett:                                                                                                                        
                                                                                                                                
Page 4, lines 14 - 15:                                                                                                          
 Delete "more than 1,000 miles from possible Chukchi Sea drilling                                                               
sites and nearly as"                                                                                                            
                                                                                                                                
Representative Johansen moved and asked unanimous consent that                                                                  
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Herron objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHJR 34(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  10   NAYS:  25   EXCUSED:  5   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Costello, Fairclough, Feige, Johansen, Keller, Millett, Munoz,                                                           
Stoltze, Tuck, P.Wilson                                                                                                         
                                                                                                                                
Nays:  Austerman, Chenault, Dick, Doogan, Edgmon, Foster, Gara,                                                                 
Gardner, Gruenberg, Guttenberg, Herron, Holmes, Johnson, Joule,                                                                 
Kawasaki, Kerttula, Lynn, Miller, Petersen, Pruitt, Saddler, Seaton,                                                            
Thomas, Thompson, T.Wilson                                                                                                      
                                                                                                                                

2012-02-29                     House Journal                      Page 1754
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHJR 34(STA) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSHJR 34(STA) am was read the third time.                                                                                       
                                                                                                                                
The question being:  "Shall CSHJR 34(STA) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHJR 34(STA) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Costello, Dick, Doogan, Edgmon,                                                                     
Fairclough, Feige, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                                                
Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                                     
Kerttula, Lynn, Miller, Millett, Munoz, Petersen, Pruitt, Saddler,                                                              
Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson                                                                     
                                                                                                                                
Excused:  Cissna, Gatto, Hawker, Neuman, Olson                                                                                  
                                                                                                                                
And so, CSHJR 34(STA) am passed the House and was referred to the                                                               
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                                                                                                                                
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House approve the citations on the calendar.  There being no                                                                
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
Honoring - Loretta M. Bullard                                                                                                   
By Senator Olson; Representatives Foster, Chenault, Cissna, Costello,                                                           
Dick, Doogan, Edgmon, Fairclough, Feige, Gara, Gardner, Gatto,                                                                  
Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson,                                                               

2012-02-29                     House Journal                      Page 1755
Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz,                                                                
Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas,                                                              
Thompson, Tuck, P. Wilson, T. Wilson                                                                                            
                                                                                                                                
Honoring - Women in the Alaska Legislature                                                                                      
By Senator Davis; Representatives Chenault, Austerman, Cissna,                                                                  
Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara,                                                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes,                                                                  
Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller,                                                             
Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton,                                                               
Stoltze, Thomas, Thompson, Tuck, P. Wilson, T. Wilson                                                                           
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following members be excused from a call of the House.  There                                                               
being no objection, the members were excused as noted:                                                                          
                                                                                                                                
Representative Costello - from 11:00 a.m., March 2 to 10:30 a.m.,                                                               
March 5                                                                                                                         
                                                                                                                                
Representative Herron - from 6:00 a.m., March 3 to 9:20 p.m.,                                                                   
March 11                                                                                                                        
                                                                                                                                
Representative Lynn - from 5:00 p.m., March 5 to 11:00 a.m.,                                                                    
March 12                                                                                                                        
                                                                                                                                
Representative Holmes - from 6:30 p.m., March 5 to 11:00 a.m.,                                                                  
March 12                                                                                                                        
                                                                                                                                
Representative Johansen - from 2:00 p.m., March 5 to 11:00 p.m.,                                                                
March 12                                                                                                                        
                                                                                                                                
Representative Feige - from 6:00 a.m., March 6 to 10:00 p.m.,                                                                   
March 11                                                                                                                        
                                                                                                                                
Representative Saddler - from 5:00 p.m., March 6 to 10:30 a.m.,                                                                 
March 12                                                                                                                        
                                                                                                                                
Representative Seaton - from 5:00 p.m., March 6 to 11:00 p.m.,                                                                  
March 11                                                                                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1756
Pursuant to AS 24.65.020, the Speaker appointed the following                                                                   
members to the Victims' Advocate Selection Committee:                                                                           
                                                                                                                                
    Representative Fairclough                                                                                                   
    Representative Olson                                                                                                        
    Representative Holmes                                                                                                       
                                                                                                                                
Pursuant to AS 24.55.020, the Speaker appointed the following                                                                   
members to the Ombudsman Selection Committee:                                                                                   
                                                                                                                                
    Representative Hawker                                                                                                       
    Representative T. Wilson                                                                                                    
    Representative Gardner                                                                                                      
                                                                                                                                
HCR 24                                                                                                                        
Representative Saddler added his name as cosponsor to:                                                                          
                                                                                                                                
    HOUSE CONCURRENT RESOLUTION NO. 24                                                                                          
    Relating to the establishment and operation of a state food                                                                 
    resource development working group.                                                                                         
                                                                                                                                
HJR 34                                                                                                                        
Representatives Guttenberg, Petersen, Gruenberg, and Gardner added                                                              
their names as cosponsors to:                                                                                                   
                                                                                                                                
    CS FOR HOUSE JOINT RESOLUTION NO. 34(STA) am                                                                                
    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 9                                                                                                                          
Representative Pruitt added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 9                                                                                                            
    "An Act requiring the Joint In-State Gasline Development Team                                                               
    to report to the legislature recommended changes to state law that                                                          
    are required to enable or facilitate the design, financing, and                                                             
    construction of an in-state natural gas pipeline so that the in-state                                                       
    natural gas pipeline is operational before 2016; and providing for                                                          
    an effective date."                                                                                                         

2012-02-29                     House Journal                      Page 1757
HB 55                                                                                                                         
Representative Pruitt added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 55                                                                                                           
    "An Act adding definitions of 'gravity knife' and 'switchblade' to                                                          
    the criminal law."                                                                                                          
                                                                                                                                
HB 224                                                                                                                        
Representative Guttenberg added his name as cosponsor to:                                                                       
                                                                                                                                
    HOUSE BILL NO. 224                                                                                                          
    "An Act relating to the prohibition of selling or giving tobacco or                                                         
    a product containing nicotine to a minor unless prescribed by a                                                             
    licensed physician."                                                                                                        
                                                                                                                                
HB 236                                                                                                                        
Representatives Gara and Herron added their names as cosponsors to:                                                             
                                                                                                                                
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 236                                                                                   
    "An Act relating to new defined benefit tiers in the public                                                                 
    employees' retirement system and the teachers' retirement system;                                                           
    providing certain employees an opportunity to choose between the                                                            
    defined benefit and defined contribution plans of the public                                                                
    employees' retirement system and the teachers' retirement system;                                                           
    and providing for an effective date."                                                                                       
                                                                                                                                
HB 264                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 264                                                                                                          
    "An Act allowing a deferral of municipal property taxes on the                                                              
    increase in the value of real property attributable to subdivision of                                                       
    that property; and providing for an effective date."                                                                        
                                                                                                                                
HB 275                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                
    HOUSE BILL NO. 275                                                                                                          
    "An Act requiring that a policy of group health insurance offered                                                           
    by the state and certain local governments include coverage for                                                             

2012-02-29                     House Journal                      Page 1758
    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 299                                                                                                                        
Representative Keller added his name as cosponsor to:                                                                           
                                                                                                                                
    HOUSE BILL NO. 299                                                                                                          
    "An Act allowing appropriations to the civil legal services fund                                                            
    from court filing fees."                                                                                                    
                                                                                                                                
HB 302                                                                                                                        
Representatives Guttenberg and Gara added their names as cosponsors                                                             
to:                                                                                                                             
                                                                                                                                
    HOUSE BILL NO. 302                                                                                                          
    "An Act repealing certain audit requirements for entities receiving                                                         
    contributions from permanent fund dividends."                                                                               
                                                                                                                                
HB 304                                                                                                                        
Representatives T. Wilson, Stoltze, and Costello added their names as                                                           
cosponsors to:                                                                                                                  
                                                                                                                                
    HOUSE BILL NO. 304                                                                                                          
    "An Act relating to the membership of the Alaska Fire Standards                                                             
    Council."                                                                                                                   
                                                                                                                                
HB 347                                                                                                                        
Representative T. Wilson added her name as cosponsor to:                                                                        
                                                                                                                                
    HOUSE BILL NO. 347                                                                                                          
    "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."                                                                                                                  
                                                                                                                                
HB 351                                                                                                                        
Representative Kerttula added her name as cosponsor to:                                                                         
                                                                                                                                

2012-02-29                     House Journal                      Page 1759
    HOUSE BILL NO. 351                                                                                                          
    "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."                                                          
                                                                                                                                
                                                                                                                                
HB 356                                                                                                                        
Representative Saddler added his name as cosponsor to:                                                                          
                                                                                                                                
    HOUSE BILL NO. 356                                                                                                          
    "An Act relating to land management by the Board of Game and                                                                
    Department of Natural Resources for trapping and sport and                                                                  
    subsistence hunting."                                                                                                       
                                                                                                                                
SB 30                                                                                                                         
Representatives Gara, Guttenberg, Fairclough, Stoltze, and Costello                                                             
added their names as cross sponsors to:                                                                                         
                                                                                                                                
    CS FOR SENATE BILL NO. 30(2d JUD)                                                                                           
    "An Act providing for the release of certain property in the                                                                
    custody of a law enforcement agency to a crime victim under                                                                 
    certain conditions and relating to requests for that release by the                                                         
    office of victims' rights."                                                                                                 
                                                                                                                                
SB 74                                                                                                                         
Representatives Stoltze, Kerttula, Miller, Edgmon, and Millett added                                                            
their names as cross sponsors to:                                                                                               
                                                                                                                                
    SENATE BILL NO. 74                                                                                                          
    "An Act requiring insurance coverage for autism spectrum                                                                    
    disorders, describing the method for establishing a covered                                                                 
    treatment plan for those disorders, and defining the covered                                                                
    treatment for those disorders; and providing for an effective date."                                                        
                                                                                                                                

2012-02-29                     House Journal                      Page 1760
                              ENGROSSMENT                                                                                    
                                                                                                                                
HJR 34                                                                                                                        
CSHJR 34(STA) am was engrossed, signed by the Speaker and Chief                                                                 
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the House adjourn until 10:30 a.m., March 2, 2012.  There being no                                                              
objection, the House adjourned at 10:43 p.m.                                                                                    
                                                                                                                                
                                            Suzi Lowell                                                                         
                                            Chief Clerk